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DWT
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Admitted to Practice

  • New York, 2002
  • Massachusetts, 2010
  • U.S. Court of Appeals 6th Circuit, 2012
  • U.S. District Court Southern District of New York, 2011
  • U.S. District Court Eastern District of New York, 2012

Languages

  • Arabic
  • Spanish

Samuel M. Bayard

BayardSamuel
Associate
T212.603.6489
F212.489.8340
Sam Bayard focuses on media and intellectual property law, assisting clients in a range of matters, including libel, privacy, copyright, trademark, right of publicity, and First Amendment litigation. In addition to his litigation practice, Sam advises television, magazine, newspaper and book-publishing clients on pre-broadcast and pre-publication legal issues. Sam previously was a fellow at the Berkman Center for Internet & Society at Harvard Law School, where he drafted numerous amicus briefs and organized amicus coalitions in cases of importance to online media. In addition to his work in media law, Sam has represented corporate clients in complex securities and white-collar criminal litigation.

Representative Experience

Agence France Presse v. Morel

Currently representing Getty Images, and represented The Washington Post and CBS (both of whom settled), in litigation arising from wire service Agence France Presse's use of photographs of Haitian earthquake posted on Twitpic, a social networking application. AFP licensed the images to Getty Images, who licensed them to CBS, the Washington Post and other news outlets. A motion to dismiss resulted in dismissal of Morel’s Lanham Act claims, and summary judgment motions narrowed the scope of available relief on the remaining (copyright and DMCA) claims. Following a jury verdict for Morel at trial on those claims, defendants have filed post-verdict motions and a notice of appeal. (S.D.N.Y. Ongoing)

NYP Holdings, Inc. v. New York Post Publishing Inc., et al.

Representing NYP Holdings, the publisher of The New York Post, in trademark infringement and unfair competition action. On November 17, 2014, Judge Marrero of the District Court for the Southern District of New York issued a decision regarding a preliminary injunction he had granted on October 31, 2014 in favor of NYP Holdings and The Post. Judge Marrero found that defendant Steven Hoffenberg’s use of the website “www.newyorkpostpublishinginc.com” to publish news content, and his plan to distribute a free newspaper using the name “New York Post Publishing, Inc.,” were likely to confuse consumers and to harm NYP Holdings’ name and reputation. (S.D.N.Y. 2014)

Hart v. Electronic Arts, Inc.

Lead counsel representing Electronic Arts in defense of a putative class action brought by Hart, a former college quarterback, on behalf of all college football players, arising out of the purported use of their likenesses in EA’s successful NCAA Football video game series. The federal District Court in New Jersey granted EA’s motion for summary judgment and dismissed the action, finding that the video games were entitled to full First Amendment protection. 2011 WL 4005350 (D.N.J. Sept. 9, 2011) reversed in split decision before the 3rd Circuit. Related actions arising out of Electronic Arts’ "NCAA Football and Madden Football" video games in the 9th Circuit. 717 F.3d 141 (3d Cir. May 21, 2013)

Oleniak v. Slaton, et al.

Defending book publishers and authors in libel suit arising out of memoir-style book about one author’s search for her birth parents. The plaintiff alleges that, among other things, the book falsely identifies him as the author’s birth father. Successfully secured dismissal on ground that the challenged statements are protected opinion based on disclosed facts and not capable of a defamatory meaning. Appeal is pending. (N.Y. App. Div. 1st Dept. Ongoing)

Seaton v. TripAdvisor

Represented TripAdvisor in libel suit arising out of online ranking of the "Dirtiest Hotels" in America. Obtained dismissal with prejudice on basis that ranking, based on data compiled from user reviews, is subjective opinion. 2012 WL 3637394 (E.D. Tenn. 2012). The Sixth Circuit affirmed. 728 F.3d 592, 2013 WL 4525870 (6th Cir. 2013)

Bouchat v. Electronic Arts Inc.

Represented Electronic Arts in copyright infringement action brought by amateur artist over use of former Baltimore Ravens team logo in EA’s Madden NFL video games. Case was settled. (D. Md. 2011)

Pre-broadcast counseling and production legal services for various television productions

Provide pre-broadcast counseling and production legal services for television networks and production companies, documentarians and others, including Comedy Central, MTV, Partially Important Productions, ITV, Honest Engine, and 50/50 Productions. Work on projects including "Last Week Tonight With John Oliver," "Friends of the People," "Workaholics," "Nikki and Sara Live," "The First 48," "Ten On Top," "Scorned," "BR-5," and "Bunk." (Ongoing)

Pre-publication review for print media

Provide pre-publication review for newspapers and magazines, including In Touch, Life & Style, US Weekly, the New York Post, The Wall Street Journal, Maxim, and Rolling Stone, and legal vetting of manuscripts for book publishing clients, including St. Martin’s Press, Farrar Straus & Giroux, and Henry Holt & Co. (Ongoing)

Rakofsky v. The Washington Post Co., et al.

Successfully obtained dismissal of defamation action against Jeanne O'Halleran, a commenter on a 'hyperlocal' community website in Georgia. The defamation lawsuit arose out of a criminal trial in Washington, D.C., which culminated in the withdrawal of defense counsel Joseph Rakofsky and a mistrial. Rakofsky subsequently sued about 80 defendants, all of whom commented or published commentary on his representation of his client in the criminal trial, for libel and other claims. The Court granted O’Halleran’s motion to dismiss based on the fair report privilege, lack of jurisdiction and other grounds. The plaintiff has appealed. (N.Y. Sup. Ct. Ongoing)

Rakofsky v. The Washington Post Co., et al.

Representing the "Washington City Paper," its parent company and reporter in a lawsuit arising out of a criminal trial in Washington, D.C., which culminated in the withdrawal of defense counsel and a mistrial. Defense counsel in that case sued about 80 defendants for libel and other claims based on their publication of news articles and commentary on his representation of his client in the criminal trial. The court granted our motion to dismiss based on the fair report privilege, lack of jurisdiction and other grounds. Plaintiff has appealed. (N.Y. Sup. Ct. Ongoing)

Datz v. Milton et al.

Representing photojournalist Philip Datz in a civil-rights lawsuit against Suffolk County Police Sergeant Michael Milton and the County of Suffolk for violation of Mr. Datz’s First, Fourth, and Fourteenth Amendment rights.  Mr. Datz, a professional photojournalist, was arrested by Sergeant Milton for filming a scene of police activity from a public street, in the presence of other bystanders. The confrontation was captured on video by Mr. Datz and was widely circulated following the incident.  Mr. Datz has brought federal civil rights and state-law claims against Sergeant Milton, as well as a Monell claim against the County of Suffolk and its police department. (E.D.N.Y. Ongoing)

Unterberg v. President Jimmy Carter, Simon & Schuster, Inc.

Lead counsel representing defendants in connection with putative consumer fraud claims arising out of the publication of "Palestine: Peace Not Apartheid." Action withdrawn after sanctions motion served. (S.D.N.Y. 2011)

Willagirl LLC v. The Wella Corporation

Represented The Wella Corporation in a trademark infringement suit arising out of Willagirl LLC’s proposed use of the “Willa” trademark on hair care, skin care and related beauty products. (S.D.N.Y. 2011)

Vampire Vineyards v. Martha Stewart, et al.

Defended Martha Stewart, Martha Stewart Living Omnimedia, Inc., and several national retailers in a trademark infringement action brought by a company selling wine under the trademark Vampire Vineyards challenging the use of 'Vampire Vineyards' as the name of a fictitious winery on Halloween novelty coasters and wine bottle labels. Action successfully settled. (C.D. Cal. 2010)

In re Erwin Arnada

Represented 17 publications and media freedom groups in submitting amicus curiae brief to Supreme Court of Indonesia urging reversal of criminal indecency conviction of Erwin Arnada, the former editor-in-chief of Playboy Indonesia magazine. (2011)

Additional Qualifications

  • Fellow, Assistant Director, Citizen Media Law Project, Berkman Center for Internet & Society, Harvard University, Cambridge, Mass., 2007-2010
  • Lecturer on Law, Harvard Law School, Cambridge, Mass., 2008-2010
  • Litigation Associate, Wachtell, Lipton, Rosen & Katz, New York, N.Y., 2002-2004
  • Law Clerk, Hon. Lewis A. Kaplan, U.S. District Court for the Southern District of New York, New York, N.Y., 2001-2002

Professional & Community Activities

  • New York City Bar Association
  • New York State Bar Association
  • American Bar Association
  • Pre-Publication Review Committee of the Media Law Resource Center
  • Co-founder, Online Media Legal Network (pro bono legal assistance for online journalists and other digital media creators)

Professional Recognition

  • Selected to "New York Rising Stars," Thomson Reuters, 2012
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