Related Practices

Admitted to Practice

New York, 2002
Massachusetts, 2010
U.S. District Court Southern District of New York, 2011

Languages

Arabic
Spanish

Samuel M. Bayard

Associate

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New York

T212.603.6489

F212.489.8340

Sam Bayard is a commercial litigator who focuses his practice on media law and intellectual property litigation, with an emphasis on Internet issues including defamation, privacy, intermediary liability, and reporters’ shield laws. He also advises television, magazine, newspaper and book-publishing clients on pre-broadcast and pre-publication legal issues. As a fellow at the Berkman Center for Internet & Society at Harvard Law School, Sam drafted numerous amicus briefs and organized amicus coalitions in cases of importance to online media, counseled nonprofit new media projects on their publishing activities, and performed prepublication review of website content. 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 the Washington Post and Getty Images and represented CBS (which settled) in litigation arising from wire service's use of photographs of Haitian earthquake posted on Twitpic, a social networking application. Wire service licensed the images to Getty Images, who licensed them to CBS, the Washington Post and other news outlets. Lanham Act claims have been dismissed and the parties continue to litigate the remaining (copyright and DMCA) claims. 2011 WL 147718 (S.D.N.Y. 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)

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). Related actions arising out of Electronic Arts’ "NCAA Football and Madden Football" video games are currently before the 9th Circuit. Hart v. Electronic Arts, Inc. is on appeal to the 3rd Circuit.

Pre-broadcast review for 50/50 Productions

Provide pre-broadcast review of content for Workaholics television show. (Ongoing)

Pre-broadcast review for Madison Square Garden, Inc.

Provide regular pre-broadcast review of content for Fuse.TV news programming. (Ongoing)

Pre-publication review for Alpha Media Group Inc.

Provide regular pre-publication review of content for Maxim magazine. (Ongoing)

Seaton v. TripAdvisor

Representing 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. Appeal pending. (6th Circuit 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. (N.Y. Sup. Ct. 2013)

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

Successfully obtained pre-answer dismissal of a libel action against the "Washington City Paper," its parent company and a reporter. The suit arose out of a murder trial which culminated in the withdrawal of defense counsel Joseph Rakofsky and a mistrial. In a case dubbed "Rakofsky v. The Internet," Rakofsky subsequently sued about 80 defendants for libel based on their publication of news articles and online commentary critical of his representation of his client in the criminal trial. The Court granted our dismissal motion based on the privilege accorded fair reports of judicial proceedings, among other grounds. (N.Y. Sup. Ct. 2013)

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)

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 national retailers in a trademark infringement action brought in the Central District of California by a company that sells 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)

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

Education

LL.M., International and Comparative Law, The American University in Cairo, 2006
J.D., Cornell Law School, 2001, summa cum laude
- Managing Editor, Cornell Law Review
- Order of the Coif
- Kasowitz Prize for Excellence in Legal Writing and Oral Advocacy
- Boardman Third-Year Law Prize
B.A., English Literature, Reed College, 1997