Related Practices

Admitted to Practice

U.S. Supreme Court
U.S. Court of Appeals 1st Circuit
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 11th Circuit
U.S. District Court District of Columbia
U.S. District Court District of Massachusetts
U.S. District Court District of Rhode Island
U.S. District Court District of Maryland
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
Massachusetts
New York
District of Columbia

Laura R. Handman

Partner

Co-chair, Appellate Practice

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Washington, D.C.

T202.973.4224

F202.973.4499

New York

T212.489.8230

F212.489.8340

Laura Handman, for thirty years, has been providing 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 is the co-chair of the firm’s appellate practice.

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, Hearst Corporation, The New York Daily News, New York Post, National Public Radio (NPR), Random House, U.S. News & World Report, and Yale Alumni Magazine.

Representative Experience

Libel - Current

Farah v. Esquire Magazine

Defending libel claim for a satirical blog post about the book "Where’s the Birth Certificate?"; obtained first federal dismissal under new D.C. Anti-SLAPP Act and 12(b)(6) for "satirical commentary." 863 F. Supp. 2d 29 (D.D.C. 2012). Appeal pending, No. 12-7055 (D.C. Cir. 2012; Ongoing)

Seaton v. TripAdvisor

Representing TripAdvisor in libel suit arising out of online ranking of the "Dirtiest Hotels" in America. Obtained dismissal with prejudice on basis that ranking, based on data compiled from user reviews, is subjective opinion. 2012 WL 3637394 (E.D. Tenn. 2012). Appeal pending, No. 12-6122 (6th Cir. 2012; Ongoing)

Sherrod v. Breitbart

Representing as amici 18 leading media organizations and professional associations seeking to reverse a decision declining to apply the speech protective provisions of the recently enacted D.C. Anti SLAPP Act in federal diversity actions as conflicting with the Federal Rules of Civil Procedure. 843 F. Supp. 2d 83 (D.D.C. 2012). Appeal pending, No. 11-7088 (D.C. Cir. 2012; Ongoing)

Boley v. Atlantic Monthly Group and Jeffrey Goldberg

Defending the Atlantic and its award-winning journalist in defamation claim arising from online articles reporting that plaintiff was a Liberian "warlord," whose organization "recruited and armed child soldiers, fed them drugs, and ordered them to rape and kill." No. 13-cv-89 (D.D.C. 2013; Ongoing)

Catalanello v. Kramer, et al.

Defending Washington University School of Law in a libel and invasion of privacy suit arising out of an article by a tenured law professor published in the "Washington University Law Review." Citing to the publicly filed complaint, the article described the allegations in an employment discrimination suit that was ongoing at the time, in which a terminated employee claimed that his supervisor at a Wall Street firm had discriminated against him for being a vegetarian and unmanly. The terminated employee’s former supervisor - who was a defendant in the underlying employment discrimination suit - sued the Law School; motion to dismiss pending. No. 12-7904 (D.N.J. 2012; Ongoing)

Maxim A. Stepanov and Midland Consult (Cyprus) Ltd. v. Dow Jones & Company

Obtained dismissal of libel action against Barron's magazine arising out of an article entitled, "Crime and Punishment in Putin's Russia." No. 150534/2012 (N.Y. Sup. Ct. 2013; Ongoing)

Dilek v. New York Daily News, L.P. et al.

Obtained dismissal of libel action for daily newspaper arising from reporting on plaintiff’s numerous legal proceedings. No. 113828/2011 (N.Y. Sup. Ct. 2012). Appeal pending, No. 651899/2011 (N.Y. App. Div. 1st Dept. 2012; Ongoing)

Martin v. New York Daily News, L.P.

Obtained summary judgment for daily newspaper in libel action brought by a sitting judge on grounds of no actual malice. Second suit dismissed on grounds that restoration of column to the website did not constitute republication retriggering statute of limitations. 2011 NY Slip Op. 30076(U) (N.Y. Sup. Ct. Jan. 21, 2011). Appeal pending, No. 100053/2008 (N.Y. App. Div. 1st Dept. 2012; Ongoing)

Maya Stendhal Gallery, et al. v. NYP Holdings, Inc., et al.

Obtained dismissal of libel action brought by gallery owner. No. 651899/2011 (N.Y. Sup. Ct. 2012). Appeal pending, No. 651899/2011 (N.Y. App. Div. 1st Dept. 2013; Ongoing)

Libel - Past

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, constitutional tort action dismissed and affirmed by the Fourth Circuit. 565 F.3d 103 (4th Cir. 2009); 773 F. Supp. 2d 103 (D.D.C. 2011)

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 (E.D. Va. 2008) Read more

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)

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. N.Y. Slip Op. 561183(U), 20 Misc. 3d 1101(A) (N.Y. Sup. Ct. 2008)

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)

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. 161 F. App’x 697 (9th Cir. 2006)

Rubin v. U.S. News & World Report

Obtained dismissal, affirmed in 11th Circuit, of libel by implication case for national news weekly. 271 F.3d 1305 (11th Cir. 2001)

Matusevitch v. Telnikoff

Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy. 159 F.3d 636 (D.C. Cir. 1998); 702 A.2d 230 (Md. 1997)

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. Sup. Ct. 1992)

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-mc-00353 (S.D.N.Y. 2011)

Right of Publicity and Misappropriation

Peppe v. Random House

Defended commercial misappropriation claims brought by former CIA agent. No. CL 10003938 (Alexandria (Va.) Cir. Ct. 2010)

O'Grady v. Discovery Communications and 20th Century Fox

Represented Discovery in claims of false advertising and commercial misappropriation arising out of a promotional tie-in. Successfully settled. 2003 WL 24174616 (E.D. Tex. 2003) (granting partial summary judgment for defendants)

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 (N.Y. App. Div. 1st Dept. 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)

Reporters’ Privilege

Adelson v. Jacobs, No. 100270/2013

Representing Wall Street Journal and its reporter against third-party discovery sought by Sheldon Adelson, the multi-billionaire casino magnate, in a Florida defamation lawsuit against a former employee. Motion to quash third-party subpoena in New York on the grounds that the information is protected by the reporter’s privilege; opposition to Adelson’s separate motion in Florida court for a Letter of Request under the Hague Convention seeking discovery directly from the reporter in Hong Kong. No. 100270/2013 (N.Y. Sup. Ct.); No. 12-28537 CA 20 (11th Judicial Cir. for Miami-Dade Cnty.); No. HCA 342/2013 (High Ct. of Hong Kong Special Admin. Region). (N.Y. Sup. Ct. Ongoing)

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)

In re Grand Jury

Quashed grand jury subpoena to newspaper for IP addresses of anonymous bloggers. (N.Y. Sup. Ct. 2010)

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)

In re Grand Jury Subpoena To Amazon.com 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. 246 F.R.D. 570 (W.D. Wis. 2007)

Constitutional Torts

Young v. Suffolk County, et al.

Defended print, online, and broadcast media against federal civil rights claims and state law claims for defamation and emotional distress arising out of media coverage of uninhabitable living conditions of plaintiff and her children. (E.D.N.Y. 2010)

Prior Restraints

Bank Julius Baer v. Wikileaks.org

Represented national media coalition to successfully oppose and vacate a prior restraint order issued by a federal court in San Francisco against Wikileaks.org after confidential Swiss banking records were posted to this whistleblower website. 535 F. Supp. 2d 980 (N.D. Cal. 2008)

ConnectU, Inc. v. Facebook, Inc.

Facebook sought to impel 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) Read more

Procter & Gamble v. McGraw-Hill

Sixth Circuit reversed prior restraint against publication of sealed court record. 78 F.3d 219 (6th Cir. 1996)

Freedom of Information Act and Access to Public Records & Proceedings

Florida Medical Association, Inc. v. Department of Health, Education and Welfare

Represents 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 Medicare reimbursement records containing evidence of Medicare fraud. No. 78-178-Civ-J-S (M.D. Fla. Ongoing)

National Business Aviation Ass’n 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. 686 F. Supp. 2d 80 (D.D.C. 2010)

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)

Center for National Securities Studies v. Department of Justice

Represented coalition of media entities in federal FOIA and First Amendment appeal to the Department of Justice's refusal to divulge the identities of persons detained in immediate aftermath of September 11. 331 F.3d 918 (D.C. Cir. 2003)

Copyright and Theft of Ideas

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)

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)

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)

Wong v. Simon & Schuster

Defeated injunction against book publisher Simon & Schuster in copyright infringement action. No. 07-cv-132 (E.D. Va. 2007)

Gross v. BBC

Represented BBC in theft-of-ideas action. 386 F.3d 224 (2d Cir. 2004)

Commercial Speech

The Humane Society of the United States v. Amazon.com, et al.

Defended Amazon.com in a lawsuit brought by the Humane Society of the United States regarding sale of subscriptions to gamecock magazines. 2007 WL 1297170 (D.D.C. 2007)

Additional Qualifications

Former Assistant U.S. Attorney, E.D.N.Y.
Law Clerk to Chief Judge Raymond J. Pettine, D.R.I.
Associate & Partner, Coudert Brothers
Appointed special federal master by S.D.N.Y. judge responsible for reviewing all advertising and promotion of company subject to civil mail fraud action

Professional & Community Activities

House Judiciary Committee, Maryland General Assembly – Testified on behalf of MD/DE/DC Press Association against bill to establish statutory and descendible right of publicity in Maryland, February 2013
Testimony, Hearing on Libel Tourism (libel suits brought against U.S.-based defendants in foreign countries) and HR 6146 (related amendment to federal judicial code), Subcommittee on Commercial and Administrative Law of the House Judiciary Committee, February 2009
Advisory Board, Digital Media Law Project, Online Media Legal Network, Berkman Center for Internet & Society, Harvard Law School
Co-Taught "Journalism, Law & Society," Columbia Journalism School, Summer 2011
Testified before the House Judiciary Committee on H.R. 6146, Libel Tourism Legislation, February 2009
Co-chair, Dialogue Project: Conversations with Bench, Bar and Press, Council for Court Excellence, 2010–present
Co-chair, Project Committee, "Journalists' Handbook to the Courts in the District of Columbia," published by the Council for Court Excellence, 2009
Executive Committee, Council for Court Excellence, 2010-present
Founder and past Chair, Media Law Committee, Arts, Entertainment and Sports Law Section, District of Columbia Bar
Past Chair, Communications and Media Law Committee, Association of the Bar of the City of New York
Past President, Defense Counsel Section, Libel Defense Resource Center

Professional Recognition

Received the John M. Davis Award for Legal Expertise, Davis Wright Tremaine, 2013
Named one of, "Washington, D.C. & Baltimore's Top Rated Lawyers," by The National Law Journal, 2013
Named one of "America’s Leading Lawyers for Business" by Chambers USA in National First Amendment Litigation, 2007-2009, 2011-2013; Media & Entertainment in D.C., 2005-2013; Received "Band 1" ranking, 2012, 2013
Named one of the "Best Lawyers in America" in First Amendment Law by Best Lawyers, 1995-2008; named in First Amendment Law and Media Law, 2009-present
Selected to "Washington, D.C., Super Lawyers" by Thomson Reuters, 2008-2013; in Top 50 Female Super Lawyers, 2008, 2010; in Top First Amendment/Media/Advertising, 2008-2012; in Intellectual Property, 2011-2013
Named one of "Washington's Top Lawyers" in First Amendment law, 2009-2012; by Washingtonian Magazine
Selected to "New York Super Lawyers" in First Amendment/Media/Advertising, Thomson Reuters, 2007-2012
Received the 2007 International PEN First Amendment Award from PEN USA, the West Coast center for the worldwide writers' organization
Recognized in the area of First Amendment Litigation in "The New York Area’s Best Lawyers" list published by American Lawyer Media, 2005