Burch v. University System of Hawaii
Representing students in civil rights lawsuit claiming denial of their right to hand out literature, the unconstitutionality of the university’s "free speech zone," and the failure of university officials to adequately train administrators on the rights of college students. (D. Haw., Ongoing)
Prison Legal News v. Samuels
Representing non-profit publication in Freedom of Information Act appeal of federal Bureau of Prisons' failure to produce unredacted documents concerning settlements of civil claims due to alleged employee malfeasance. (D.C. Cir., Ongoing)
Minority Television Project v. FCC
Submitted amicus brief on behalf of the Cato Institute in support of Minority Television Project urging the U.S. Supreme Court to give broadcast television full First Amendment protection. (U.S. 2014)
Van Tuinen v. Modesto Community College
Represented student in civil rights lawsuit against community college district that prevented him from handing out copies of U.S. Constitution on Constitution Day, resulting in settlement under which the district agreed to revise its policies to allow free speech in open areas across campus and agreed to pay plaintiff $50,000. (E.D. Cal. 2014)
Riley v. California and U.S. v. Wurie
Submitted amicus brief on behalf of National Press Photographers Association, Reporters Committee for Freedom of the Press, and a coalition of media organizations, urging the U.S. Supreme Court to examine the constitutionality of warrantless searches of cell phone data incident to arrest. (U.S. 2014)
Air Wisconsin Airlines Corp. v. Hoeper
Submitted amicus brief on behalf of the Reporters Committee for Freedom of the Press and a coalition of media organizations, urging the U.S. Supreme Court to hold that material falsity is required to show "reckless disregard for the truth" under statutory immunity incorporating the New York Times v. Sullivan actual malice standard. (U.S. 2013)
CBS Corp. v. FCC
Represents CBS Corporation in a successful challenge to FCC indecency finding and $550,000 forfeiture penalty levied against CBS for the 2004 Super Bowl halftime show featuring Janet Jackson and Justin Timberlake. On June 29, 2012, the Supreme Court denied certiorari. (3d Cir., U.S. 2012)
FCC v. Fox Television Stations and ABC, Inc.
Represented CBS Corporation in a consolidated appeal challenging the FCC's application of broadcast indecency rules to "fleeting expletives" in live awards shows and brief nudity in the program "NYPD Blue." On June 21, 2012, the U.S. Supreme Court held that FCC decisions targeting “fleeting” broadcasts of allegedly indecent material were unconstitutional under the Due Process Clause. (U.S .2012)
Garcia v. Montgomery County et al.
Representing photojournalist and video producer Mannie Garcia in a federal civil rights action against Montgomery County, the Montgomery County Police Department, the Chief of Police, and individual police officers for falsely arresting Mr. Garcia and using excessive force while he filmed another arrest on a public street. (D. Md. Ongoing)
GLAD v. Time Warner
Representing Time Warner in class action lawsuit involving defense of claims under California's Unruh Civil Rights Act and Disabled Persons Act regarding closed captioning of news videos appearing on CNN.com. (N.D. Cal. & 9th Cir. U.S. Ongoing)
Mortensen v. Bresnan Communications
Representing Internet service provider Bresnan Communications in federal privacy lawsuit challenging the use of ad-targeting technology. Won dismissal and currently on appeal to the 9th Circuit. (D. Mont.; 9th Cir. Ongoing)
Valentine v. Nebuad
Obtained dismissal on lack of jurisdiction, on behalf of Internet service provider Bresnan Communications in federal privacy lawsuit challenging the use of deep-packet inspection technology (2009). Won dismissal of sister-case in Montana and currently on appeal in the 9th Circuit. (Ongoing)
ACLU v. Office of Director of National Intelligence, et. al.
Secured for national civil liberties organization a federal court order in 2011 requiring more detailed explanation from agencies that withheld records under the Freedom of Information Act relating to intelligence community's use of sweeping electronic surveillance powers under the 2008 FISA Amendments Act. (S.D.N.Y. 2011)
Discount Tobacco City & Lottery, Inc. v. U.S.
Submitted amicus briefs in Supreme Court, Sixth Circuit and district court in support of First Amendment rights of marketers and advertisers against advertising, marketing, and packaging provisions of Family Smoking Prevention and Tobacco Control Act. (Ongoing)
R.J. Reynolds Tobacco Co. U.S.
Submitted amicus briefs in D.C. Circuit and district court in support of First Amendment rights of marketers and advertisers against tobacco advertising and packaging graphic warnings labels under Family Smoking Prevention and Tobacco Control Act. (D.C. Cir. 2012)
Florida Medical Association, Inc. v. Department of Health, Education and Welfare
On behalf of Dow Jones, the publisher of The Wall Street Journal, obtained order vacating 34 year-old injunction obtained by the American Medical Association in 1979, that blocked public access to records of payments doctors receive under Medicare. 947 F. Supp. 2d 1325 (M.D. Fla. 2013) In 2014, after comments submitted on behalf of Dow Jones, HHS released the database of Medicare provider reimbursements, leading to ground-breaking articles across the country. (2014)
Sorrell v. IMS Health Inc.
Submitted amicus brief in the U.S. Supreme Court in support of First Amendment rights of marketers and advertisers against Vermont statute requiring "opt-in" for any use of prescriber-identifiable data regarding prescription drug information. The Court held 6-3 that the state cannot restrict commercial speech for being too persuasive. Read the amicus brief
. (U.S. 2011)
Gulf Power Co. v. FCC
Represented cable operators in successfully defending on appeal victory in pole attachment complaint against Gulf Power, after defendant terminated pole attachment agreements and demanded new ones with 600 percent rate increases. (D.C. Cir. 2012)
Asis Internet Services et al v. Active Response Group, Inc.
Litigation surrounding the terms of a protective order which would govern disclosure of various internal, company, and client email addresses. Judge awarded defendant's motion to dismiss. (2007) Read more
Huminski v. Corsones
Counsel for plaintiff in a case holding that individual members of the public have a First Amendment right to attend court proceedings. (2d Cir. 2006)
Mainstream Marketing Services, Inc. v. FTC
Counsel in litigation challenging the constitutionality of the national "do-not-call" telemarketing regulation. (10th Cir. 2004) Read more
Motion Picture Association of America v. FCC
Represented the Motion Picture Association of America, the National Association of Broadcasters, and the National Cable & Telecommunications Association in successful challenge to FCC rules imposing mandates for video description of television programming. (D.C. Cir. 2002)