Admitted to Practice

U.S. Supreme Court, 1997
California, 1985
U.S. Court of Appeals 9th Circuit, 1986
U.S. Court of Appeals 10th Circuit, 1997
U.S. District Court Central District of California, 1986
U.S. District Court Southern District of California, 1989
U.S. District Court Northern District of California, 1986
U.S. District Court Eastern District of California, 1989
U.S. District Court Western District of Wisconsin, 2001

Kelli L. Sager

Partner

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Los Angeles

T213.633.6821

F213.633.6899

Kelli Sager has more than 26 years of litigation experience representing television and radio broadcasters, cable companies, motion picture producers and distributors, newspapers and magazines, book authors, Internet companies, and Web publishers, both at the trial and appellate level of federal and state courts. Her practice encompasses all areas of media and entertainment litigation, including defamation, privacy, idea submission claims, access, prior restraint, reporter's shield laws, copyright and trademark law, and Internet law.

Practice Highlights

Has appeared numerous times before the California Supreme Court and the California Courts of Appeal, and before the 9th Circuit Court of Appeals, including such cases as Brown v. Electronic Arts and Keller v. Electronic Arts, NBC Subsidiary v. Superior Court, Shulman v. CBS, California Comm'n on Peace Officer Standards and Training v. Superior Court, Burkle v. Burkle, and Thomas v. Los Angeles Times.
Regularly represents media outlets requesting access to records and proceedings in high-profile trials, including the trials of O.J. Simpson, Phil Spector, Winona Ryder, Anthony Pellicano, Robert Blake and others.

Representative Experience

NBC Subsidiary v. Superior Court

Represented the Los Angeles Times in access matter that resulted in landmark decision finding federal constitutional right of access to civil trials. (Cal. 1999)

Leiber, et al. v. Grokster, Ltd.

Represented a class of songwriters and music publishers in Grokster copyright infringement action against peer-to-peer file-sharing services. Plaintiffs obtained unanimous decision from U.S. Supreme Court ruling that defendants could be held liable for inducing copyright infringement. (C.D. Cal., 9th Cir., U.S.)

Diaz v. NBC Universal, Inc.

Represented Universal Pictures in obtaining dismissal of libel class action based on the film "American Gangster," which was affirmed by 2d Circuit Court of Appeals. (S.D.N.Y. 2009, 2d Cir. 2010)

Love v. Associated Newspapers, Ltd., et al.

Defended British newspaper The Mail On Sunday in copyright, trademark and right of publicity action by Beach Boys band member over UK distribution of promotional CD. Obtained dismissal based on lack of personal jurisdiction; appeal was dismissed voluntarily. 611 F.3d 601 (9th Cir. 2010), aff’g 489 F. Supp. 2d 1100 (C.D. Cal. 2007)

Crowder & Freitas v. NBC Universal Inc, et al.

Represented NBC Universal against a last-minute TRO application filed by screenwriters who attempted to enjoin nationwide release of the Jennifer Aniston film, "Love Happens." The plaintiffs' claim that the film's script was substantially similar to a script they claimed to have previously pitched to NBC/Universal was rejected by the federal district judge, who found that the two scripts were not at all similar. Immediately following the decision, plaintiffs voluntarily dismissed their lawsuit. (C. D. Cal. 2009)

ANT v. The Gurin Company

Represented The Gurin Company in a lawsuit brought by a comedian known as 'ANT,' who claimed that his trademark and identity were misappropriated by Gurin's television program, 'Wanna Bet,' which starred the British comedy duo 'Ant and Dec.' All claims against Gurin were dismissed by the federal district judge and attorneys' fees were awarded. ANT dismissed his appeal in exchange for a waiver of fees. (C.D. Cal. 2010-2011)

Fair Housing Council of San Fernando Valley, et al. v. Roommates.com, LLC

Represented media amici in 9th Circuit's en banc review of the scope of immunity afforded by Section 230 of the Communications Decency Act to mixed-content websites. No. 04-56916 (en banc) 521 F.3d 1157 (9th Cir. 2008)

Hollywood v. Universal Pictures

Represented Universal Pictures in successfully opposing effort by criminal defendant to enjoin nationwide release of the film 'Alpha Dog.' (2007) Read more

California Commission on Peace Officer Standards and Training v. the Superior Court of Sacramento County

Represented the Los Angeles Times in a case involving the newspaper's attempts to obtain state records on police hiring under the California Public Records Act. In August 2007, the Supreme Court ruled in favor of the Times, in a precedent-setting decision that expansively interpreted the public's rights under the CPRA. (Cal. 2007)

Long Beach Police Officers' Association v. City of Long Beach

Successfully represented Los Angeles Times in this Public Records Act lawsuit concerning whether the names of peace officers who shoot and kill people while on duty should be made public. Obtained first published decision from a Court of Appeal that information must be disclosed. (2012)

Thomas v. Los Angeles Times Communications

Obtained order granting newspaper's special motion to strike defamation claims arising from article evaluating possibly exaggerated claims of heroism by World War II figure. Affirmed by 9th Circuit Court of Appeals. (C.D. Cal., 9th Cir. 2002)

In re Marriage of Burkle

Represented the Los Angeles Times in challenging state statute restricting access to court records in divorce cases. The California Court of Appeals ruled that divorce records are subject to the constitutional right of access, and the California Supreme Court denied review in May 2006, making the Court of Appeals' decision binding law in California. 139 Cal. App. 4th 712 (Cal. App. 2006)

Brower v. E! Entertainment Television

Successfully defended E! Entertainment Television in three-week jury trial of idea submission claims relating to a television series. Obtained directed verdict that was affirmed on appeal. (Cal. Super. Ct. 2001)

Research in Motion Ltd. v. Samsung Telecommunications America, et al.

Represented Cingular Wireless LLC as an intervening defendant in a trademark and trade dress dispute brought by RIM against Samsung in connection with the BlackJack smartphone. Following Cingular's intervention, RIM voluntarily dismissed its original complaint concerning the BlackJack. (C.D. Cal. 2007)

Professional & Community Activities

Past Chair, Media Committee, International Bar Association, 2009-2011
President, 2008-2009; Ex-Officio, 2009-2010; Executive Committee Member, 2006-2008 – Media Law Resource Center Defense Counsel Section
Bench Bar Media Steering Committee, Judicial Council of California, 2008-2010
Western Division Chair, 2002-present; Immediate Past Chair, 2000-2002; Former Chair, 1998-2000; Governing Board, 1997-1998 – ABA Forum on Communications Law
Chair, 9th Circuit Conference Executive Committee, 2008-2009; Program Chair, 2007-2008; Committee Member, 2005-2007; 9th Circuit Judicial Conference Attorney Delegate (C.D. Cal.), 2002-2005
International Advisory Board, National Institute of Entertainment and Media Law, Southwestern University of Law, 2001-present
Donald W. Reynolds National Center for the Courts and Media Advisory Committee, National Judicial College, 2000-present
Co-chair, First Amendment Committee, Litigation Section, American Bar Association, 2005-2008
Board of Directors, 2002-2006; Treasurer, 2005-2006 – Los Angeles Copyright Society
Board of Directors, Public Counsel, 2001-2007

Professional Recognition

Named as one of the “Top 75 Intellectual Property Litigators” in 2011 and 2012 and one of the "Top 50 Intellectual Property Lawyers" in 2008 and 2009 by the Los Angeles Daily Journal
Named as one of "America's Leading Lawyers for Business" in First Amendment Litigation (National) by Chambers USA, 2007-2011; in Media & Entertainment Litigation (California), 1996-2011
Named as one of the "Top Women Litigators," by the Los Angeles Daily Journal, 2005-2012
Named as one of the "Top 100 Lawyers in California," by the Daily Journal, 2009-2011
Named as the "Los Angeles Best Lawyers First Amendment Lawyer of the Year" for 2011 by Woodward/White
Named as one of the "Best Lawyers in America" in Media Law and First Amendment Law by Woodward/White, 1995-present
Selected to "Southern California Super Lawyers," Thomson Reuters, 2004-2012
Named as one of "500 Leading Lawyers in America," 2005, 2007, 2010, and 2011, and one of "500 Leading Litigators in America," 2006, by Lawdragon
Named as one of the "Top 100 Outside Counsel Power Lawyers" by the Hollywood Reporter ESQ., 2007-2011
Named as one of "Top 50 Most Influential Women Litigators" by the National Law Journal, 2007
Named to "The Legal 500 U.S. Edition," 2007
Named to "Who's Who in L.A. Law" by the Los Angeles Business Journal, 2007
Named as one of the "100 Most Influential Lawyers in California" by the Los Angeles Daily Journal, 1998-2004, 2008
First Amendment Award, American Civil Liberties Union, 1996

Education

J.D., University of Utah College of Law, 1985
- Editor-in-Chief, Utah Law Review
B.A., Political Science, Journalism, West Georgia College, 1981, cum laude
University of Southern California


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