Rochelle L. Wilcox

Represented A&E Television Networks, LLC in defending privacy claim based on discussion of Plaintiff, including use of his photograph, in an episode of "Gangland." District Court dismissed case under California’s SLAPP statute. (C.D. Cal. 2012)

Represented the Los Angeles Times and Associated Press in their intervention into a long-running dispute regarding the release of documents reflecting the alleged abuse of children, and conduct by the Archdiocese of Los Angeles in connection with that alleged abuse. Obtained the release of unredacted documents, which included the names of all members of the Church Hierarchy charged with supervising accused priests. (Cal. Super. Ct. 2012)

Counsel for CBS in a libel lawsuit involving more than a dozen allegedly libelous sentences, based on an investigative news broadcast that reported on problems arising in legal proceedings to conserve the elderly and infirm in California. The California Court of Appeal held that Plaintiff, a private conservator, was a public figure for purposes of the alleged libel and failed to establish actual malice, and ordered her claims stricken. 212 Cal. App. 4th 551 (2012)

Represented A&E Television Networks, LLC, in defending defamation claim based on use of Plaintiff's photograph in an episode of "Gangland." District Court dismissed case under California's SLAPP statute. (E.D. Cal. 2011)

Represented the Los Angeles Times and McClatchy newspapers in landmark case seeking California Legislators' office budget records under the Legislative Open Records Act (LORA). The Court ordered the release of all records sought and the Legislature paid The Times and McClatchy’s attorneys’ fees incurred in securing the order. (Cal. Super. Ct. 2011)

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)

Represented petitioner, Fonseca Rojo, in appeal of Board of Immigration Appeals' ("BIA's") denial of his application for asylum and withholding of removal. The 9th Circuit overturned the BIA’s denial and held that Mr. Fonseca Rojo demonstrated a likelihood that he would be persecuted on the basis of his sexual orientation if he was returned to Chile, and therefore that he was statutorily eligible for asylum. 408 Fed.Appx. 73 (9th Cir. 2011)

Represented national media coalition in expedited proceedings over the course of a week in the U.S. District Court, 9th Circuit Court of Appeals and in the U.S. Supreme Court in support of Chief Judge Vaughn Walker's proposal to broadcast trial proceedings to five overflow courtrooms in five cities and to make the proceedings publicly available on YouTube.com in this landmark federal constitutional challenge to California's Proposition 8, banning same-sex marriage. Read the Media Coalition's U.S. Supreme Court brief. 558 U.S. 183 (2010)

Obtained unanimous California Supreme Court decision affirming the summary dismissal by the trial and appellate courts of a trade libel lawsuit arising from a plaintiff class action attorney's constitutionally-protected efforts to locate potential class representatives, which established the precedent that the 'commercial speech' exemption (CCP 425.17(c)) to California's anti-SLAPP statute is to be narrowly construed to protect First Amendment activities. 49 Cal. 4th 12 (2010)

Represented Rolling Stone Magazine to successfully dismiss right of publicity claims brought by a putative class of musicians that arose out of a gatefold editorial feature published adjacent to a cigarette advertisement. In this issue of first impression, the Court of Appeal unanimously dismissed plaintiffs' claims finding that the gatefold was protected under the First Amendment. 181 Cal. App. 4th 664 (2010)

Represented media coalition (Los Angeles Times Communications LLC, The Hearst Corporation, Viacom, Inc., The Associated Press, The California Newspaper Publishers Association, The California First Amendment Coalition, The Reporters Committee for Freedom of the Press and The Association of Alternative Newsweeklies) in amicus brief submitted to California Supreme Court. Court unanimously held that the single publication rule applies to misappropriation claims in California. 47 Cal. 4th 468 (2009)

Obtained unanimous California Supreme Court ruling for Sierra Club, dismissing a lawsuit targeting the environmental organization's First Amendment-protected election activities, and establishing the precedent that the 'public interest' exemption (CCP 425.17(b)) to California's anti-SLAPP statute is to be narrowly construed to protect First Amendment activities. 45 Cal. 4th 309 (2008)

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)

Successfully defended 'America's Most Wanted' television program against federal criminal defendant's pre-trial subpoena in murder case seeking unpublished video outtakes in nearly four-year dispute; subpoena withdrawn following favorable rulings by the 9th Circuit Court of Appeals. (9th Cir. 2007)

Obtained dismissal of claims (in the Court of Appeal and California Supreme Court) in complex defamation and invasion of privacy lawsuit against prominent psychologists and national magazine arising from the scientific debate over 'repressed memories' of alleged sexual abuse. 40 Cal. 4th 683 (2007)

Represented media coalition (California Newspapers Publishers Association, The Reporters Committee for Freedom of the Press, The Daily Journal Corporation, The Copley Press, Inc., Los Angeles Times Communications LLC, California First Amendment Coalition, Freedom Communications, Inc., and The American Society of Newspaper Editors) in amicus brief submitted to the California Supreme Court advocating for broad protection against harassment liability for employers involved in the creation of speech. Court rejected claims by employee. 38 Cal. 4th 264 (2006)

Representation of Columbia Pictures in a six-party dispute regarding ownership of 39 classic Spanish-language motion pictures starring the Mexican actor Cantinflas. Columbia Pictures prevailed after a three-week trial; affirmed on appeal. 217 F.R.D. 501 (C.D.Cal. 2003), 387 F.3d 1099 (9th Cir. 2004), & 2004 WL 2487633 (9th Cir. Nov. 5, 2004) Read more

Successfully represented prospective purchaser of real property in Court of Appeal, obtaining reversal of summary judgment motion entered against him in trial court, enabling him to pursue his claim for specific performance of the real estate contract. (2003)

Represented media coalition (California Newspaper Publishers Association, Los Angeles Times Communications, LLC, The Copley Press, Inc., ABC, Inc., Magazine Publishers of America, Inc., News America, Inc., Cable News Network, National Broadcasting Company, Inc.,, Time Inc.) in amicus brief submitted to the California Supreme Court advocating for broad interpretation of California's single publication rule. Court adopted reasoning of amicus brief in rejecting claims as time-barred. 31 Cal. 4th 1230 (2003)