Admitted to Practice

New York, 1982
U.S. Supreme Court, 1998
U.S. Court of Appeals 9th Circuit, 2000
U.S. Court of Appeals 2nd Circuit, 1996
U.S. District Court Southern District of New York, 1983
U.S. District Court Eastern District of New York, 1983
U.S. District Court Eastern District of Michigan, 2004
U.S. Court of Appeals 3rd Circuit, 2008
U.S. Court of Appeals 1st Circuit, 2010

Elizabeth A. McNamara

Partner

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New York

T212.603.6437

F212.489.8340

Elizabeth McNamara has more than 25 years of litigation and counseling experience in media and intellectual property law, representing publishers (books, magazines, newspapers and websites), television and radio broadcasters, cable companies and motion picture producers and distributors. Her litigation practice includes all areas of sophisticated IP, media and entertainment litigation at the trial and appellate level of federal and state courts, in such areas as libel, privacy, copyright, trademark, prior restraint and reporter's shield laws.

Liz's clients include: Bauer Publishing, Cablevision, CBS, CNN, Conde Nast, Hachette Book Group, Macmillan, MTV Networks, NBC, New York Times, Random House, Sesame Workshop, Showtime, Simon & Schuster, Time Inc. and Wenner Media.

Liz is a member of the firm's executive committee.

Representative Experience

Associated Press v. Meltwater U.S. Holdings, Inc., et al.

Representing The Associated Press in a suit for copyright infringement and “hot news” misappropriation against Meltwater News, a subscription-based electronic clipping service. (S.D.N.Y. Ongoing)

Batra v. NBC et al.

Lead counsel representing NBC and all defendants in on-going libel-in-fiction action arising out of a "Law & Order" episode. (N.Y. Sup. Ct. 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.

Green v. Cablevision Systems Corp. IFC in Theaters LLC, et al.

Defending IFC and Cablevision in an action alleging claims for libel in fiction and invasion of privacy, arising out of the feature film "Savage Grace." (N.Y. Sup. Ct. Ongoing)

Beckham v. Bauer Publishing

Successfully defended Bauer, publisher of "In Touch Weekly," in a defamation lawsuit filed by soccer star David Beckham over article reporting on alleged tryst with a call girl. In Touch was awarded its attorneys' fees under California's anti-SLAPP statute. Beckham's appeal is pending in the 9th Circuit. (Ongoing)

Jordan v. Jewel, et al.

Representing Time Inc. in connection with ongoing right of publicity claims brought by Michael Jordan in connection with a special "Sports Illustrated" issue commemorating Jordan’s induction into the Basketball Hall of Fame. Summary judgment pending. (N.D. Ill. Ongoing)

Marquardt v. King and Simon & Shuster

Lead counsel representing Stephen King and Simon & Shuster in copyright infringement claims arising out of King’s book "Duma Key." Motion to dismiss granted (N.D. Ga. 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)

Feldman v. Twentieth Century Fox, et al

Represented Twentieth Century Fox and the creators of the television show "Journeyman." On an upfront motion, plaintiff's copyright claims were dismissed and the 1st Circuit affirmed the dismissal of the action. (2011)

Morse & Castorina v. Spike Television, et al.

Represented Spike TV and obtained dismissal of copyright infringement action arising out of the popular reality television show "Pros vs. Joes." (E.D.N.Y. 2011). Previously obtained dismissal of similar infringement claims brought against "Pros v. Joes" in Pino v. Spike. (D.N.J. 2009) WL 1118429

Penguin Publishers v. American Buddha

Lead amici counsel for American Association of Publishers, Magazine Publishers Association, and American Association of University Publishers in connection with novel jurisdictional question for copyright claims certified by the 2nd Circuit to the NY Court of Appeals. Consistent with arguments made by amici, in April 2011, the Court of Appeals ruled that the 'situs of injury' for copyright claims is the location of the publishers. (2011)

Maharam v. Little, Brown, et al.

Represented Little, Brown and author James Patterson in copyright infringement action arising out of children's book "SantaKid." Summary judgment granted and affirmed by 2nd Circuit. 2010 WL 827088 (2d Cir. 2010)

Scott v. Hachette Publishing

Obtained pre-discovery dismissal of copyright claims arising out of author Stephanie Meyer's last book in her famed "Twilight" series. Attorney fees awarded to defendants. (C.D. Cal. 2010)

Steinbeck v. McIntosh & Otis, Inc., Estate of Elaine Steinbeck, et al.

Represented literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted and affirmed by the 2nd Circuit. 2009 WL 928189, 2010 WL 3995982 (S.D.N.Y., 2d Cir. 2010)

Stewart v. Rolling Stone LLC

Lead counsel representing Rolling Stone in right of publicity claims brought as a putative class action arising out of an gatefold editorial feature. On appeal, court found Rolling Stone’s editorial feature did not inadvertently become commercial speech because it was surrounded by cigarette advertising and granted Rolling Stone’s anti-SLAPP motion, dismissing the action. Rolling Stone's "Indie Rock Universe" Editorial Feature Gets First Amendment Protection, 02.01.10 (Cal. Ct. App. 2010)

Gorzelany v. Simon & Schuster, Inc., et al.

Obtained pre-discovery dismissal of libel, privacy and related claims arising out of book "Hot Chicks with Douchebags." (N.J. Super. Ct. 2009)

Ishkanian v. Baker

Successfully represented Wenner Media, publisher of "US Weekly," in persuading the California Court of Appeal to overturn a trial court's order denying the magazine's special motion to strike a former employee's $55 million lawsuit for defamation and other torts. On remand, the trial court awarded Wenner Media its attorneys' fees. (Cal. Super. Ct., Cal. Ct. App. 2009)

Stern v. Rita Cosby, Hachette Book Group USA

Represented Rita Cosby in libel action brought by Howard K. Stern, former partner of Anna Nicole Smith, arising out of Cosby's book "Blonde Ambition." (S.D.N.Y. 2009)

Sugarman v. Apostolina, Simon & Schuster

Obtained summary judgment dismissing libel in fiction and right of publicity claims arising out of book "Hazing Meri Sugarman." 101750/06 (N.Y. Sup. Ct. 2008) Read more

Landrau, et al. v. Solis-Betancourt, Advance Magazine Publishers, et al.

Obtained dismissal of novel copyright and trademark claims brought by architect arising out of feature in "Architectural Digest." 554 F. Supp. 2d 114 (D.P.R. 2007) Read more

Perdue v. Brown, Random House and Sony Pictures; Dunn v. Brown, Random House; Anikin v. Random House

Obtained pre-discovery dismissal in three separate copyright actions arising out of Dan Brown's "The Da Vinci Code." Dismissal in Perdue affirmed by 2nd Circuit. 79 U.S.P.Q.2d 1958 (S.D.N.Y. 2007)

Spears v. US Weekly

Defended US Weekly against libel claim by Britney Spears. Court granted the magazine's anti-SLAPP motion, dismissed the lawsuit, and awarded the magazine its attorneys' fees. (Cal. Sup. Ct. 2007) Read more

Kamalian v. Reader's Digest

On appeal, obtained dismissal of libel action arising out of Reader's Digest article titled "Dangerous Doctors." (2006)

Carter-Clark v. Random House, Joseph Klein

Obtained dismissal of libel in fiction action arising out of Joseph Klein’s novel "Primary Colors"; affirmed on appeal. (1st Dept. N.Y. 2005)

D.A.R.E. v. Rolling Stone

Dismissal of libel and related claims affirmed by 9th Circuit arising out of article written by Stephen Glass. (9th Cir. 2002)

Professional & Community Activities

Chair, Committee on Communications and Media Law, New York City Bar Association
East Coast Representative, Forum on Communications Law
Communications and Entertainment Committee, New York State Bar Association
The Copyright Society of the USA
Lawyers Committee, Association of American Publishers

Professional Recognition

Named as one of "America's Leading Lawyers for Business" by Chambers USA in Media & Entertainment: First Amendment Litigation (New York); Media & Entertainment: Copyright & Contract Disputes (New York), 2007-2011; First Amendment Litigation (Nationwide), 2011
Named as one of the “Best Lawyers in America” in Communications and Advertising Law by Woodward/White, 2006-2009; named in First Amendment, Media, and Intellectual Property Law, 2006-present; named in Entertainment Law, 2010-present
Selected to "New York's Top 50 Women Super Lawyers and First Amendment/Media Lawyers," Thomson Reuters, 2007-2008
Selected to "New York Super Lawyers," Thomson Reuters, 2006-2011
Named as one of Lawdragon's “500 Lawyers in America,” 2007
Sharing the Power Award, InsideCounsel Magazine, 2010