Libel - Current
Brennerman v. Times Newspapers Limited
Defending publisher of The Sunday Times (UK) in a libel suit brought by a British-American real estate entrepreneur mentioned in an article about the use of offshore shell companies and charity-fronted trust structures, drawing on the trove of documents about offshore accounts that were leaked to the International Consortium of Investigative Journalists (ICIJ) in 2013. (D. Del. Ongoing)
Abbas v. Foreign Policy Group, LLC et al
Submitted amicus brief on behalf of coalition of media organizations and trade associations urging D.C. Circuit to hold that Washington, D.C.’s anti-SLAPP law applies in federal court. (D.C. Cir. 2014)
Farah v. Esquire Magazine
Involved in defense of 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 Rule 12(b)(6) for "satirical commentary." 863 F. Supp. 2d 29 (D.D.C. 2012). The D.C. Circuit affirmed dismissal under Rule 12(b)(6), holding that the blog post was satire protected by the First Amendment, that an update to the blog and the author’s comments were protected opinion, and that the Lanham Act did not apply to the blog post, establishing in the D.C. Circuit that the Lanham Act applies only to commercial speech. 736 F.3d 528 (D.C. Cir. 2013)
O’Keefe v. WDC Media
Representing website Main Justice in a libel suit brought by conservative videographer and Project Veritas founder James O’Keefe over a reference to prior incidents that resulted in misdemeanor convictions against O’Keefe and his associates for entering a senator’s offices under false pretenses. Motion to dismiss pending. (D.N.J. Ongoing)
Intercon Solutions, Inc. v. Basel Action Network et al
Submitted amicus brief on behalf of coalition of media organizations and trade associations urging 7th Circuit to hold that Washington's anti-SLAPP law applies in federal court and that the collateral order doctrine permits immediate appeal from denial of an anti-SLAPP motion. (7th Cir. 2014)
Seaton v. TripAdvisor
Represented TripAdvisor in libel suit arising out of online ranking of the "Dirtiest Hotels" in America. Obtained affirmance of dismissal with prejudice on basis that ranking, based on data compiled from user reviews, is subjective opinion. --- F.3d ----, 2013 WL 4525870 (6th Cir. 2013)
Boley v. Atlantic Monthly Group and Jeffrey Goldberg
Obtained grant of motion under D.C. Anti-SLAPP Act dismissing defamation claim against the Atlantic and its award-winning journalist 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)
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).
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. No. 100053/2008 & 103129/2011 (N.Y. Sup. Ct. 2012). Appeal pending, No. 100053/2008 & 103129/2011 (N.Y. App. Div. 1st Dept.; 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)
Libel - Past
Sherrod v. Breitbart
Represented 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), __ F.3d __, No. 11-7088 (D.C. Cir. June 25, 2013)
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. 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)
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 granted; 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, pending: libel suit against Wall Street Journal reporter pending 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)
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)
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
On behalf of the publisher of The Wall Street Journal, obtained order vacating injunction obtained by the American Medical Association and others in 1979, that blocked public access to records of payments doctors receive under Medicare. 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
Sunset Concepts v. Discovery Communications
Defended Discovery in theft of ideas suit relating to creation of OWN, the Oprah Winfrey Network, and its programming. Case dismissed. (S.D. Fla. 2014)
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)
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 cockfighting magazines. 2007 WL 1297170 (D.D.C. 2007)