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Carolyn K. Foley

Caroline Caroline FoleyCarolyn
Partner
T212.603.6472
F212.489.8340

Carolyn Foley is a general litigator with an emphasis on First Amendment and media litigation. Her clients vary from print and online publishers, cable channels and radio stations, to start-up businesses, clothing manufacturers, and commercial banks. She regularly defends defamation and privacy cases, asserts the reporter's privilege, enforces the First Amendment right of access to information. She also litigates copyright disputes, royalty disputes, trade secret claims, false advertising claims, breach of contract claims, and provides pre-publication counseling.

Carolyn’s clients include: The McGraw Hill Companies; Random House; The New Yorker; and Gothamist LLC.

Representative Experience

Defamation Litigation

Fleisher v. Gawker Media LLC and Gothamist LLC, et al.

Successfully defeated plaintiff's request for a temporary injunction that would have required websites to take down certain articles and accompanying reader comments and ultimately obtained pre-discovery dismissal of the claim, affirmed on appeal. (N.Y. Sup. Ct. and App. Div. 2011-2013)

Stop the Madrassa v. Almontaser

Successfully defended former principal of Khalil Gibran International Academy (Brooklyn, N.Y.) in defamation suit brought by opponents of the school. Pre-discovery motion to dismiss granted and affirmed on appeal. 75 A.D.3d 539, 904 N.Y.S.2d 765 (N.Y.A.D. 2d Dept. 2010)

CACI International v. Randi Rhodes and Piquant, LLC (Air America Radio)

Secured summary judgment dismissing libel suit which alleged that, on her radio program, talk show host Randi Rhodes made false allegations about CACI interrogators who worked at the Abu Ghraib prison in Iraq. Dismissal affirmed on appeal. CACI Premier Technology, Inc. v. Rhodes, 536 F.3d 280 (4th Cir. 2008)

Copyright Litigation

E.I. Du Pont De Nemours and Company v. Littlefish Think Tank, Inc. v. The McGraw-Hill Companies, Inc.

Represented McGraw-Hill in breach of contract/indemnity claim brought by DuPont regarding copyright claim brought author of educational/sales video hosted on McGraw-Hill website related to DuPont. (D. Del. 2011-2012)

The Rogers & Hammerstein Organization

Represented owners of rights to song "A Few of My Favorite Things" against company that used lyrics of song to name and sell product. (2011-2012)

Gibson et al v. The McGraw-Hill Companies

Represented textbook publisher in copyright infringement suit brought by photographers and licensing agencies providing stock photography images. (S.D.N.Y. 2011)

Lederer, et al. v. Random House, et al.

Defended publisher in royalty dispute between competing parties claiming royalties due on certain works of the author Khalil Gibran. Settled. (S.D.N.Y. 2010)

Trade Secrets Litigation

Murray Energy Corporation v. Mergermarket US LTD, et al.

Representing financial publisher in trade secret, tortious interference and declaratory judgment action brought by company that was subject of one of publisher’s articles. (S.D. Ohio Ongoing)

Advertising Litigation

DirecTV v. Dish Network, et al.

Represented Dish Network in a false advertising action by DirecTV involving commercials for competing satellite television services; temporary restraining order against Dish denied and case thereafter settled.. (S.D.N.Y. 2010)

Verizon Directories Corp. v. Yellow Book USA, Inc.

Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim. 338 F. Supp. 2d 422 (approving settlement) and 309 F. Supp. 2d 401 (granting in part motion to dismiss) (E.D.N.Y. 2004)

General Litigation

Sungate Securities LLP v. Citigroup, Inc., et al.

Represented former employees of Citigroup Private Equities called as witnesses in the captioned action (Orange Cnty., Fl.; 2011-2012)

Citi for Citigroup

Handled litigation involving attempts to compel discovery of information held in foreign country. (2010)

Grosz v. Prince Dimitri LLC

Defended startup jewelry company in breach-of-contract action brought by employee. Settled. (N.Y. Cnty. Sup. Ct. 2010)

Health Communications, Inc. v. Chicken Soup for the Soul

Successfully defended distributor of 'Chicken Soup for the Soul' series of books in action brought in Connecticut State Court by former publisher for injunctive relief that would have prevented distribution of new books in the series. (Stamford (Conn.) Sup. Ct. 2009)

Marvel Entertainment v. Motorsports Authentics

Represented collectibles manufacturer in licensing dispute with Marvel Entertainment. Settled. (S.D.N.Y. 2006)

Access to Information

FOIL Applications

Represent media and non-media clients seeking information from New York State Government Agencies under FOIL (Ongoing)

People v. Kozlowski

Represented media coalition led by The New York Times in securing access to court communications with the holdout juror in the high-profile corruption trial of a Tyco executive. (N.Y. Cnty. Sup. Ct. 2004) Read more

Reporter’s Privilege Litigation

Landman Partners, Inc. v. Blackstone Group, LP, et al.

Represented David Carey and John Morris, authors of King of Capital, in assertion of reporter's privilege in response to non-party subpoena served by plaintiffs in the captioned case. (2013)

Morgan Keegan & Co, Inc. v. Eavis

Successfully represented "TheStreet.com" reporter in assertion of reporter's privilege in response to non-party subpoena served by defendant in a securities litigation. 37 Misc.3d 1058, 955 N.Y.S.2d 715 (N.Y. Sup. Ct. 2012)

CenterPoint Energy Services, Inc. v. Air Products, LLC, et al.

Represented nonparty witness McGraw-Hill in assertion of reporter's privilege in response to subpoena issued in this Texas breach of contract action. (190th Dis. Ct. Harris Cnty. 2010)

In re: Energy Transfer Partners, L.P.

Represented McGraw-Hill in its assertion of reporter's privilege in response to administrative subpoena issued in a proceeding before the Federal Energy Regulatory Commission. (F.E.R.C. 2009)

In re: Western States Antitrust Litigation

Represented McGraw-Hill in its assertion of the reporter's privilege in response to subpoenas issued by plaintiffs and defendants in this multidistrict litigation pending in the District of Nevada. (D. Nev. 2009)

CFTC v. McGraw-Hill

Represented McGraw-Hill in its assertion of reporter's privilege in response to administrative subpoena issued by the Commodities Futures Trading Commission in an enforcement actions brought by the CFTC. 507 F. Supp. 2d 45 (D.D.C. 2007)

CFTC v. Whitney

Represented McGraw-Hill in its assertion of reporter's privilege in response to administrative subpoena issued by the Commodities Futures Trading Commission and several litigants involved in enforcement actions brought by the CFTC. 441 F. Supp. 2d 61 (D.D.C. 2006)

In re: Natural Gas Litigation Commodities Litigation

Represented McGraw-Hill in its assertion of reporter's privilege in response to administrative subpoena issued by plaintiffs and defendants in a class action brought by natural gas futures traders against more than 20 energy companies. 235 F.R.D. 199 (S.D.N.Y. 2005), modified 235 F.R.D. 241 (S.D.N.Y. 2006)

CFTC v. McGraw-Hill (D.D.C.)

Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoena issued by CFTC. 390 F.Supp.2d 27 (D.D.C. 2005).

Professional & Community Activities

  • Adjunct Professor, Mass Media Law, St. John’s University School of Law, 2009-2010
  • Member, Forum on Communications Law; Co-chair, Women in Communications Law Committee – American Bar Association, 2008-2009
  • Secretary, Board of Directors, Manhattan Neighborhood Network (Manhattan’s public access cable stations), 2007-2012 
  • Member, Committee on Communications and Media Law, 2004-2007; Secretary, Committee on Communications and Media Law, 2001-2007; Member, Committee on Women in the Law, 1995-1998 – New York City Bar Association
  • Dartmouth Lawyers' Association

Professional Recognition

  • 2012 Community Service Society of New York, Pro Bono Award Recipient for pro bono pre-publication review on a series of investigative pieces for City Limits Magazine