Victor A. Kovner

Action under Foreign Sovereign Immunities Act to recover Pissarro painting looted by Nazis from plaintiff's grandmother in 1939 and now held by the Thyssen-Bornemisza Museum in Madrid. The Court of Appeals for the Ninth Circuit upheld en banc the district courts' denial of defendants' motion to dismiss, holding that they are subject to suit under the immunity exception for claims involving property taken in violation of international law. Defendants' petition for certiorari was denied, and the case is now back in the Central District of California. (Ongoing)

Lead counsel representing McGraw-Hill in a variety of challenges to subpoenas for confidential records obtained by journalists at its Platts and Standard & Poors subsidiaries. Represented the company in federal courts in New York, the District of Columbia, Texas, Florida, Oklahoma, Colorado, and California. Most of the litigation involved assertion of the qualified privilege under the First Amendment and where applicable under state statutes and common law as well. (Ongoing)

Successfully appealed to New York Court of Appeals to overturn dismissal of litigation over denial of building permit, where zoning board of appeals disavowed litigation agreement to extend zoning variance. In issue of first impression, the Court of Appeals held that counsel for zoning board could bind the board by signing stipulation, and that no additional public hearing was required. The case is currently on remand to New York Supreme Court, Nassau County. (Ongoing)

Represents McGraw-Hill in a variety of intellectual property claims arising out of its publications of educational material for children. (Ongoing)

Counsels a wide number of media entities in pre-publication or pre-broadcast issues of various print publications and for motion picture companies including the following: 'Capturing the Friedmans,' an Academy Awards nominee documentary film produced by Andrew Jarecki and Hit the Ground Running LLC; 'Food, Inc.,' an Academy Awards nominee documentary film produced and distributed by Robert Kenner, The Food Project and Participant Media; A feature film inspired by a recent criminal investigation, 'All Good Things,' produced by Andrew Jarecki of Hit the Ground Running LLC and the Weinstein Group A documentary film 'Catfish,' also produced by Andrew Jarecki of Hit the Ground Running LLC; Downriver Productions– a documentary film regarding the threats to water supplies in the United States; and various documentary film projects for the above clients are now in the pre-production phase.

Representation of catering company operating under shared space arrangement with historic church, in petition to overturn denial of license application. Injunction issued; the SLA appeal to the Appellate Division, 1st Department, is pending. (Ongoing)

Representing Clear Channel Outdoor in litigation pending in the Central District of California concerning Los Angeles outdoor advertising ordinances. (Ongoing)

Defended Suffolk County homeowners in libel action arising from a letter the homeowners had written to public officials criticizing the business of an adjoining farm and lax governmental oversight. Further appellate review pending. (App. Div. 2d Dept. 2012)

Successful representation of Scottish reporter in libel suit in the Supreme Court, New York County based on publication in Scotland. (2010)

Major First Amendment challenge to New York City's prohibition against outdoor advertising along its arterial highways in commercial and manufacturing districts. (2d Cir. 2010)

Successfully defended former principal of Khalil Gibran International Academy (Brooklyn, N.Y.) in defamation suit brought by opponents of the school. Motion to dismiss granted and appeal dismissed. Springer v. Almontaser, 75 A.D.3d 539, 904 N.Y.S.2d 765 (N.Y. Cnty. Sup. Ct. (2d Dept.) 2010)

Obtained a permanent injunction on behalf of the Third Church of Christ, Scientist against the New York City Department of Buildings' revocation of permits to renovate a church in connection with a lease of space to caterer. The case was brought under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). This result allowed the church to save its historic building and continue in operation. The case was covered by the New York Times on Dec. 2, 2008, the New York Daily News on Dec. 3, 2008, and in the New York Law Journal ("City Discriminated Against Church That Caters, Judge Says," Dec. 3, 2008). The Second Circuit Court of Appeals, on Dec.1, 2010, unanimously affirmed the District Court's issuance of a permanent injunction. (S.D.N.Y. 2010)

Represented DLA Piper U.S., LLP, in New York state court, successfully defeating the petitioner's motion for pre-action discovery in aid of framing a complaint for libel arising from the publication of an allegedly false and defamatory article about the petitioner, who was a party to a federal discrimination lawsuit. Index No. 08100448 (N.Y. Cnty. Sup. Ct. 2009)

First Amendment challenge under 'Central Hudson' to the validity of municipal regulations in the light of the municipalities' decision to offer advertising in a variety of government-owned and controlled property. This case was settled. (Pima Cnty. (Ariz.) Sup. Ct. 2008)

Successful appeal sustaining a summary judgment dismissing a First Amendment retaliation claim that plaintiff was not afforded professor emeritus status in retaliation for speech related to a matter of public concern after the District Court determined that plaintiff failed to demonstrate any material adverse change in the terms and conditions of his employment as a consequence of his speech. 464 F. 3d 271 (2d Cir. 2007)

Defense of claims arising out of comments made in course of HBO series 'Family Bonds,' a documentary series about a real-life family of bail bondsmen. (N.Y. Cnty. Sup. Ct. 2006)

Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim. 338 F. Supp. 2d 422 (approving settlement) and 309 F. Supp. 2d 401 (granting in part motion to dismiss) (E.D.N.Y. 2004)

Represented leading art museums and other cultural institutions across the country as amici curiae in the First Amendment litigation over the City of New York’s unsuccessful efforts to punish the Brooklyn Museum of Art for a controversial exhibition. (2d Cir. 2000) Read more

Represented Business Week in successfully overturning a prior restraint against publication of sealed court records. (6th Cir. 1996)