Laura Handman, co-chair of the firm’s appellate practice, concentrates on media and intellectual property law. She provides pre-publication counseling and litigation services from complaint through trial and appeal to U.S. and foreign broadcasters, film studios, and book, magazine, newspaper and Internet publishers. Laura has extensive experience in libel, newsgathering, privacy, reporter’s privilege and First Amendment matters and has served as an expert on American libel law in actions in England, Northern Ireland and Australia. She brings recognized expertise to clients copyright and trademark litigation and was appointed a special master in S.D.N.Y. to review advertising and promotion in a civil fraud action.
Laura’s clients include: Amazon.com, Associated Newspapers, Atlantic Media Company, Center for American Progress, China Central Television (CCTV), CNN, Discovery Communications, Dow Jones, The Economist, HarperCollins, The New York Daily News, New York Post, National Public Radio (NPR), Random House, U.S. News & World Report, and Yale Alumni Magazine.
Selected Experience
Dimitris Droutsas v. News Corporation and NYP Holdings, Inc.
Defending newspaper in defamation action brought by former foreign minister of Greece. No. 111218/2011 (N.Y. Cnty. (N.Y.) Super. Ct. Ongoing)
Farah v. Esquire Magazine
Defending libel claim for a satirical blog post about the book "Where’s the Birth Certificate?" No. 1:11-cv-001179 (D.D.C. Ongoing)
Florida Medical Association, Inc. v. Department of Health, Education and Welfare
Represented the publisher of The Wall Street Journal in an effort to overturn a decades-old injunction. The injunction, obtained by the American Medical Association and others in 1979, blocks public access to records containing evidence of Medicare fraud and the doctors behind it. Read the details here. No. 78-178-Civ-J-S (M.D. Fla. 2011)
In re Application of Associated Newspapers Ltd. to Issue Subpoena for the Taking of a Deposition and the Production of Documents for Use in a Foreign Proceeding
Secured court order granting foreign newspaper’s application pursuant to 28 U.S.C. §1782 to obtain evidence for use in a foreign libel proceeding. No. 11 MISC. 00353 (S.D.N.Y. 2011)
Mar-Jac Poultry v. Katz, et al., Unus v. Katz, et al.
Defended author of book “Terrorist Hunter” against two libel suits and one constitutional tort action arising out her investigation of Muslim charities' alleged funding of terrorism. One libel suit dropped, summary judgment granted in the other (settled), constitutional tort action dismissed and affirmed by the Fourth Circuit (2009). 773 F. Supp. 2d 103 (D.D.C. 2011)
Sheridan v. Peter Vecsey et al.
Defending sportswriter and daily newspaper against a libel suit brought by another sportswriter arising from a sports column about whether Carmelo Anthony would be traded to the New York Knicks. No. 150196/2011 (N.Y. Cnty. (N.Y.) Super. Ct. Ongoing)
Martin v. New York Daily News, L.P.
Defending daily newspaper in libel action brought by a sitting judge. No. 100053/2008 (N.Y. Cnty. (N.Y.) Super. Ct. Ongoing)
Peppe v. Random House
Defended commercial misappropriation claims brought by former CIA agent. No. CL 10003938 (Alexandria (Va.) Cir. Ct. 2010)
Amazon.com v. Kenneth Lay, Secretary, North Carolina’s Department of Revenue
Obtained declaratory judgment that North Carolina’s request for information about customers’ choices of expressive material violates the First Amendment and the Video Privacy Protection Act. 758 F. Supp. 2d 1154 (W. D. Wash. 2010)
Young v. Suffolk County, et. al.
Obtained dismissal of constitutional tort claim alleging a ride-along with law enforcement into plaintiff’s home. 705 F. Supp. 2d 183 (E.D.N.Y. 2010)
In re Grand Jury
Quashed grand jury subpoena to newspaper for IP addresses of anonymous bloggers. (Orange Cnty. (N.Y.) Super. Ct. 2010)
NBAA v. FAA
Defeated a reverse FOIA claim seeking to prevent the FAA from releasing information about private plane owners who have blocked public release of flight plans. Supp. 2d (D.D.C. 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, Rhodes falsely stated that CACI interrogators were responsible for rape, murder and torture at Abu Ghraib prison. Affirming summary judgment, the 4th Circuit Court of Appeals held that statements were either not made with actual malice, based on findings of military investigations and news accounts, or were nonactionable hyperbole. 536 F.3d 280 (4th Cir. 2008)
Col. Adams v. Discovery Communications, LLC, et al.
2nd Circuit affirmed dismissal of copyright infringement claim arising out of the movie “Polar Express” and cable program “Extreme Engineering.” 289 F. App’x 456 (2d Cir. 2008)
DMBJ v. TMZ
Obtained dismissal of copyright infringement claim by paparazzo for use of celebrity clip. No. 08 Civ. 6160 (S.D.N.Y. 2009)
The Humane Society of the United States v. Amazon.com, et al.
Represented Amazon.com in a lawsuit brought by the Humane Society of the United States regarding sale of subscriptions to gamecock magazines. Voluntary dismissal. No. 07-623, 2007 WL 1297170 (D.D.C. 2009)
Stern v. New York Daily News L.P., et al.
Obtained dismissal of complaint arising out of allegations that the plaintiff, a gossip reporter, asked for payment in exchange for protection from negative stories. Motion to dismiss granted. No. 103916/2007 (N.Y. Cnty. (N.Y.) Super. Ct. 2008)
Hatfill v. Mukasey, et al.
Represented coalition of media organizations as amici in support of a reporter facing contempt sanctions in a Privacy Act suit for refusing to reveal confidential sources related to the investigation of the 2001 anthrax attacks. Filed two amicus briefs in the U.S. Court of Appeals for the District of Columbia Circuit. Appeal dismissed as moot. No. 03-cv-1793 (D.C. Cir. 2008)
Moore v. Discovery Communications, LLC
Defended Discovery Communications in suit seeking to prevent showing of award-winning documentary "Man on Wire" at Tribeca Film Festival, on the grounds of use of unlicensed photographs. TRO denied; case settled. No. 08-cv-3840 (S.D.N.Y. 2008)
Interphase Garment v. Fox Television Stations
Obtained dismissal of claims for defamation, interference with contract, emotional distress, and invasion of privacy arising from local Fox affiliate’s coverage of plaintiff’s failure to deliver school uniforms on time. Established Maryland precedent regarding statute of limitations as applied to mass media. 566 F. Supp. 2d 460 (D. Md. 2008)
Bank Julius Baer v. Wikileaks.org
Represented amici to successfully oppose and vacate a prior restraint order issued by a federal court against Wikileaks.org after confidential Swiss banking records were posted to this whistleblower website. 535 F. Supp. 2d 980 (N.D. Cal. 2008)
United States v. U.S. District Court for the Southern District of California
Represented amici on appeal in support of access to sensitive government information presented at sentencing hearing; affirmed by 9th Circuit. (2008)
In re Grand Jury Subpoena Dated August 7, 2006
Successfully represented online bookseller in asserting First Amendment rights and opposing grand jury subpoena seeking records of customer purchases of expressive material. No. 07-GJ-04, 2007 WL 4197490 (W.D. Wis. 2007)
Wong v. Simon & Schuster
Defeated injunction against book publisher in copyright infringement action. No. 07-cv-132 (E.D. Va. 2007)
Massey Coal v. United Mine Workers of America, et al.
Obtained dismissal of libel action brought by a coal mining company and its president against union; appeal denied. (Fairfax Cnty. (Va.) Cir. Ct. 2007)
ConnectU, Inc. v. Facebook, Inc.
Facebook sought to force the magazine 02138 to remove sealed documents about its founder, Mark Zuckerberg, from the magazine’s website. Successful defense by attorneys from Davis Wright Tremaine led a federal judge to reject the company’s request for a court order to take down the material. No. 07-10593, 2008 WL 2330992 (D. Mass. 2008)
Flowers v. Carville, et al.
Represented commentator and former Clinton staffer George Stephanopoulos in combating defamation claim brought by Gennifer Flowers. Successfully convinced 9th Circuit that Stephanopoulos' comments in his book and during interviews were opinion or made without malice, based on accurate accounts of the 1992 presidential campaign. (9th Cir. 2006)
Rubin v. U.S. News & World Report
Obtained dismissal, affirmed in 11th Circuit, of libel by implication case for national newsweekly. 271 F.3d 1305 (11th Cir. 2001)
Bachchan v. India Abroad
Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy. 154 Misc.2d 228, 585 N.Y.S.2d 661 (N.Y. Cnty. (N.Y.) Super. Ct. 1992)
Matusevitch v. Telnikoff
Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy. 02 A.2d 230 (Md. 1997); 877 F. Supp. 1 (D.D.C. 1995)
Hampton v. Guare
Successfully defended author, movie studio and publisher in commercial misappropriation claim arising from dramatization of plaintiff's exploits in the satiric play "Six Degrees of Separation." Established that satire and fiction does not constitute advertising or trade. 600 N.Y.S.2d 57, 195 A.D.2d 366 (1st Dep’t 1993)
Finger v. Omni Publications International Ltd.
Successfully defended magazine for stock use of photo of family to illustrate story on in vitro fertilization. New York’s highest court affirmed dismissal of commercial misappropriation claim, establishing editorial deference to choice of how to illustrate newsworthy material. 77 N.Y.2d 138, 564 N.Y.S.2d 1014 (1990)