Representative Experience
Sonoma County Employees' Retirement Association v. Superior Court
Representing The Press Democrat in Public Records Act lawsuit seeking information about pensions paid to retired public employees. The case is pending in the First Appellate District Court of Appeal. (Ongoing)
Wetzel v. San Bernardino County District Attorney's Office, et al.
Representing San Bernardino Sun and its reporter in libel case brought by candidate for public office who was ruled ineligible to hold office based on prior convictions. (Ongoing)
Brownmark Films v. Comedy Partners
Successfully defended Comedy Central, South Park Digital Studios, and other defendants against a copyright-infringement claim arising from "South Park's" parody of the Internet viral video "What What in the Butt." The district court granted the defendants' motion to dismiss, finding that "South Park's" use of the plaintiffs' video was protected as a fair use under the Section 107 of the Copyright Act. The court also granted the defendants’ fee motion. Plaintiffs appealed the dismissal to the 7th Circuit, which affirmed the district court’s "well-reasoned and delightful opinion," and unequivocally held that "South Park's" parody was a fair use. Importantly, the 7th Circuit instructed that the fair-use defense may be decided without discovery in appropriate cases – something that other circuits have resisted – enabling content creators to avoid long and burdensome litigation. (E.D. Wis., 7th Cir. 2012)
Long Beach Police Officers' Association v. City of Long Beach
Successfully represented Los Angeles Times in this Public Records Act lawsuit concerning whether the names of peace officers who shoot and kill people while on duty should be made public. Obtained first published decision from a Court of Appeal that information must be disclosed. California Supreme Court granted review; matter is pending. (2012-present)
Sacramento County Employees' Retirement System v. Superior Court
Represented a coalition of California media organizations in filing an amicus curiae brief concerning public access to pension records under the Public Records Act. California Court of Appeal, Third District, granted access to pension records in published decision. (2012)
Strouse-Johnson v. Penguin Group
Successfully defended Penguin and author Jillian Shriner against defamation, invasion of privacy, and other claims arising from the use of the plaintiff's photograph in a promotion for book "Some Girls: My Life in a Harem," which recounted the author's experiences in a royal harem in Brunei. The court granted Penguin and Ms. Shriner's anti-SLAPP motion and dismissed all of the plaintiff's claims with prejudice. (Cal. Super. Ct. 2012)
Young v. CBS Broadcasting
Represented CBS in a libel lawsuit (involving more than a dozen allegedly libelous sentences) based on an investigative news broadcast that reported on problems arising in legal proceedings to conserve the elderly and infirm in California. The California Court of Appeal held that plaintiff (a private conservator) was a public figure for purposes of the alleged libel and failed to establish actual malice, and ordered her claims stricken. 212 Cal. App. 4th 551 (2012)
The Press-Enterprise v. San Bernardino County Employees Retirement Association
Successfully represented "The Press-Enterprise" in Public Records Act lawsuit resulting in judgment compelling public agency to release information about pensions paid to retired public employees. The court subsequently awarded "The Press-Enterprise" 100% of its requested fees. (Cal. Super. Ct. 2011)
Hollingsworth v. Perry
Represented national media coalition in expedited proceedings over the course of a week in the U.S. District Court, 9th Circuit Court of Appeals and in the U.S. Supreme Court in support of Chief Judge Vaughn Walker's proposal to broadcast trial proceedings to five overflow courtrooms in five cities and to make the proceedings publicly available on YouTube.com in this landmark federal constitutional challenge to California's Proposition 8, banning same-sex marriage.
Read the Media Coalition's U.S. Supreme Court brief. 558 U.S. 183 (2010)
Los Angeles Times Communications LLC v. Superior Court
Successfully represented Los Angeles Times in securing order from California Court of Appeal lifting prior restraint that had prohibited the newspaper from publishing photographs of a murder defendant that its photographer had taken in open court. (2010)
Crowder & Freitas v. NBC Universal Inc, et al.
Represented NBC Universal against a last-minute TRO application filed by screenwriters who attempted to enjoin nationwide release of the Jennifer Aniston film, "Love Happens." The plaintiffs' claim that the film's script was substantially similar to a script they claimed to have previously pitched to NBC/Universal was rejected by the federal district judge, who found that the two scripts were not at all similar. Immediately following
the decision, plaintiffs voluntarily dismissed their lawsuit. (C. D. Cal. 2009)
Freedom Communications v. Superior Court
Petitioned Court of Appeal for emergency writ to vacate prior restraint against newspaper. The court granted the newspaper's petition and issued a published opinion reaffirming the strong constitutional presumption against prior restraints. (Cal. Super. Ct. 2008)
Lawyers Committee for Civil Rights v. U.S. Treasury
Successfully prosecuted Freedom of Information Act lawsuit to compel the public disclosure of documents reflecting individuals mistakenly identified on the federal government's public terrorist watch list. 534 F. Supp. 2d 1126 (N.D. Cal. 2008)
Lopes v. Bay Area News Group, Argus
Obtained order striking libel complaint under anti-SLAPP and awarding attorneys' fees in libel case stemming from paper's reporting of candidate's background and qualifications for office. (2008)
Savage v. Council on American-Islamic Relations
Obtained summary dismissal of a copyright/RICO lawsuit brought by conservative syndicated radio talk show host Michael Savage targeting the free speech rights of the nation's largest Muslim civil rights organization Council for American-Islamic Relations (CAIR). 87 U.S.P.Q.2d 1730 (N.D. Cal. 2008)