Linda Steinman has more than 25 years of litigation and counseling experience in media and intellectual property law, and First Amendment law.
She represents a wide range of clients in media and the arts, including book publishers, television production companies, networks and new media. Her cases involve defamation, privacy/publicity, copyright, trademark, newsgathering torts, reporter’s privilege, prior restraint, and other publishing law and First Amendment issues.
Linda also regularly provides counseling advice to media clients including pre-publication and pre-broadcasting review of publications, television shows (including reality programming) and documentaries. Linda also works with clients on intellectual property rights acquisition.
American Freedom Defense Initiative v. MTA
Advised MTA on adoption of revised advertising regulations for NYC subway system. Currently defending MTA in First Amendment challenge brought by advocacy group regarding rejection of its anti-Jihad advertisements and constitutionality of new advertising policy. (S.D.N.Y. and 2d Cir. Ongoing)
Vaguely Qualified Productions v. MTA
Defended MTA in First Amendment challenge to rejection of advertisements under its new advertising policy. (S.D.N.Y. 2015-2016)
Wright v. Harry Belafonte and Random House
Defending Harry Belafonte and Random House in a libel and right of publicity litigation brought against Mr. Belafonte’s memoir. Won motion to dismiss in district court. Awaiting decision from 2nd Circuit on appeal. (Ongoing)
Authors Guild v. Google, Inc.
Submitted amicus curiae briefs on behalf of The Copyright Alliance in the 2nd Circuit and in support of Petition for Certiorari, addressing proper transformative use analysis for copyright infringement case based on mass digitization of books. (2015-2016)
Fox v. TV Eyes
Submitted amicus curiae brief on behalf of several television networks in copyright infringement case against aggregator of television clips. (Ongoing)
Times Square Alliance
Provide regular counseling to Times Square BID on the First Amendment constitutionality of potential regulations for Times Square, including drafting of proposed regulations. (Ongoing)
In re: National Security Letter; American Civil Liberties Union v. Clapper; and First Unitarian Church of Los Angeles v. National Security Agency
Represented PEN American Center, the authors’ organization, as amicus curiae presenting the concerns of U.S. writers regarding the constitutionality of the use of National Security Letters that bar recipients from disclosing them and the mass collection of telephone metadata by the National Security Agency, in three separate cases. (9th Cir.; 2d Cir.; N.D. Cal. 2014-2015)
Associated Press v. Meltwater U.S. Holdings, Inc., et al.
Represented The Associated Press in a copyright infringement action against Meltwater News, a leading international subscription-based electronic media monitoring service that provides daily excerpts from news articles to its subscribers. In a precedent setting decision, the federal district court for the Southern District of New York granted AP’s motion for summary judgment on its copyright claim and rejected Meltwater's fair use defense, which was premised on its argument that it acted as a search engine. Amicably resolved.
Cajun Conti v. Upper Ground Enterprises and Fox Broadcasting Co.
Defeated preliminary injunction motion against "Kitchen Nightmares" starring Gordon Ramsay in case where plaintiff alleged that the episode regarding a New Orleans restaurant had been faked. Defended claims against Fox Broadcasting Co. and television production company including libel and trademark dilution. (2011)
Parisi v. Sinclair
Defended Barnes & Noble against libel case based on its distribution of a book and the description of the book on barnesandnoble.com. Obtained dismissal of the case under Section 230 of the Communications Decency Act and the actual malice doctrine. (2011)
Ed Darack v. Random House
Defended Random House and Getty Images in copyright infringement case brought by photographer of cover photo on Jon Krakauer book. Defeated preliminary injunction motion against book publication. (2010)
Arthur v. Offit
Defended Dr. Paul A. Offit, well-known national spokesperson in favor of childhood vaccines, against libel suit brought by co-founder of National Vaccine Information Center. Obtained dismissal of suit on grounds that contested quotations from Dr. Offit in "Wired" magazine profile of him constituted “protected opinion.” (2010)
State v. Jimmy Sarrio
Obtained appellate court ruling on behalf of ITV Studios that "Steven Seagal Lawman" was protected by the Louisiana Shield Law. Won motion to quash subpoena for unbroadcast raw footage. (2010)
Arnold v. Flook and Random House
Successfully defended the author and publisher of "Invisible Eden: The Life and Death of Christa Worthington" in a defamation action brought by a former suspect in Worthington's murder. Summary judgment granted. (2010)
Clear Channel Outdoor v. The City of New York
Represented Clear Channel Outdoor Inc. in major First Amendment challenge to New York City’s prohibition against advertising along its arterial highways in commercial and manufacturing districts. (2d Cir. 2010)
Handley v. Dr. Paul Offit and Columbia University Press
Defended Columbia University Press and author of "Autism’s False Profits" against false light claim. (2009)
Association of American University Presses, et al. v. Office of Foreign Assets Control of the Department of the Treasury
Represented a coalition of publishers' and authors' organizations challenging the application of U.S. trade embargoes to the publication of books and articles by authors in Cuba, Iran and Sudan. Regulations thoroughly revised as a result. (S.D.N.Y. 2007)
Ward v. Gene Simmons and VH1
Represented VH1 and Gene Simmons in a libel action concerning a documentary regarding KISS. (2007) Read more
Brown v. Perdue, et al.
Defended Dan Brown and Random House, author and publisher of best-selling novel "The Da Vinci Code" in copyright infringement case. Won summary judgment based on lack of substantial similarity of parties' books, affirmed on appeal. 2005 WL 1863673, 79 U.S.P.Q.2d 1958 (2d Cir. 2006)
TVL Broadcasting v. Granada and Discovery
Defended Granada America and Discovery Channel in a fair use suit regarding use of film footage of a notorious Rhode Island night club fire in a documentary series which aired on the Discovery Channel. (D.P.R. 2006)
Carter-Clark v. Random House and Joseph Klein
Represented Joseph Klein and Random House and obtained dismissal of libel in fiction claim arising out of Primary Colors. Affirmed on appeal. (N.Y. Sup. Ct. 2005)
Random House, Inc. v. Rosetta Books LLC
Represented Random House in test case litigation on scope of publishers' electronic rights under standard grant clauses in publishing agreements. (2002)
Association of American University Presses
Regular outside counsel to trade association for university and scholarly presses, including as class member in litigation against Google regarding the Google Library Program. (Ongoing)
ITV Studios, Inc.
Provide regular pre-broadcast review and counseling for reality television programs (including police ride-along shows), talk shows and other television programming. (Ongoing)
Provide regular copyright, libel and other intellectual property advice to leading art website. (Ongoing)