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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

SagerKelli
Partner
T213.633.6821
F213.633.6899
Kelli Sager has more than 27 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

David Strick v. Los Angeles Times Communications, LLC, et al.

Representing the Los Angeles Times and the Tribune Company in a copyright infringement lawsuit brought by a freelance photographer who claimed that the defendants were liable for more than five hundred violations of his copyrights for the use of photographs that the Times defendants claimed were covered by a license agreement. Succeeded in a motion to compel arbitration in 2011. In 2012, succeeded in obtaining a judgment from the arbitrator in favor of the Times and the Tribune dismissing the lawsuit, and granting the defendants' request for attorneys' fees and costs in excess of $260,000. (2011-present)

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. California Supreme Court granted review; matter is pending. (2012-present)

Omidi v. Hiltzik; Omidi v. Pfeifer; Silverman v. Hiltzik, 1-800GET THIN LLC v. Hiltzik

Represented the Los Angeles Times in a series of related cases, all of which arose from The Times' reporting about two brothers, both former Beverly Hills surgeons, who began a lucrative weight-loss business. Omidi v. Hiltzik and Omidi v. Pfeifer alleged defamation based on reporting by The Times, and Silverman v. Hiltzik alleged illegal recording of phone conversations by a Times columnist. All three cases were thrown out on early motions under California's SLAPP law, and fees were awarded to The Times in each case. A fourth case alleging violations of federal trademark laws was also thrown out by a federal judge on an early motion. (Cal. Super. Ct. 2011; C.D. Cal. 2011)

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’d 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. 42 Cal. 4th 278 (Cal. 2007)

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 2011-2013 and one of the "Top 50 Intellectual Property Lawyers" in 2008 and 2009 by the Los Angeles Daily Journal
  • Named one of three "Star Individuals" in First Amendment Litigation (Nationwide) by Chambers USA, 2011, 2012
  • Named as one of "America's Leading Lawyers for Business" in First Amendment Litigation (Nationwide) by Chambers USA, 2007-2012; in Media & Entertainment Litigation (California), 1996-2012
  • Named as one of the "Top Women Litigators," by the Los Angeles Daily Journal, 2005-2013
  • Named as one of the "Top 100 Lawyers in California" by the Los Angeles Daily Journal, 1998-2004, 2008-present  
  • Selected by Best Lawyers as Los Angeles' "Lawyer of the Year" in First Amendment, 2012-2013 
  • Named one of the "Best Lawyers in America" in Media Law and First Amendment Law by Best Lawyers, 1995-present
  • Selected to "Southern California Super Lawyers," Thomson Reuters, 2004-2013
  • Named as one of "500 Leading Lawyers in America," 2005, 2007, 2010-2012, 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., 2007-2012
  • 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
  • First Amendment Award, American Civil Liberties Union, 1996