Acquisitions and transfers of control for cable and competitive telecommunications providers
Representing various cable and telecommunications clients on local, state, and federal regulatory filing requirements for asset acquisitions, transfers of control, and internal reorganizations. (Ongoing)
Agence France Presse v. Morel
Represented Getty Images, as well as The Washington Post and CBS in earlier stages, in litigation arising from wire service Agence France Presse's use of photographs of Haitian earthquake posted on Twitpic, a social networking application. AFP licensed the images to Getty Images, who licensed them to CBS, the Washington Post and other news outlets. A motion to dismiss resulted in dismissal of Morel’s Lanham Act claims. Summary judgment and other pre-trial motions significantly narrowed the scope of available relief on the remaining (copyright and DMCA) claims. Following a jury verdict for Morel at trial on those claims, defendants won post-verdict motions, overturning the jury’s verdict on one of the DMCA claims and denying Morel’s claim for attorney’s fees in its entirety. (S.D.N.Y. 2015)
Represent major wireless provider and other clients in arbitrations under AAA, JDR, JAMs, DC Bar Attorney/Client Arbitration Board and WIPO rules. (Ongoing)
Cable regulation for cable multiple system operators (MSOs) and NCTA
Cable regulation, including rates, copyright and signal carriage, franchising, the 1984 and 1992 Cable Acts, the 1996 Telecommunications Act, state telecommunications legislation, digital rights management, pole attachments and privacy. (Ongoing) Read more
Children's advertising counsel
Advises multiple media clients on rules governing children's advertising. (Ongoing)
Communications and data privacy compliance for a leading global technology provider
Advising on communications regulatory, privacy, and law enforcement assistance obligations in more than 85 countries related to the launch of cloud-based unified communications services for organizations and businesses. (Ongoing)
Counsel for BBC
Regular representation of the New York-based production division of the BBC, including such long-running reality shows as What Not to Wear and Movin' Up. (Ongoing)
Doe v. Jeffrey Epstein
Represent the New York Daily News and journalist George Rush in protecting confidential interview materials from disclosure. (Ongoing)
Domain name services
Represents and advises a range of clients on domain name issues including representation in UDRP proceedings. (Ongoing)
Expert witness for cable MSOs and state cable and telecommunications associations
Frequently appears as an expert witness before State Public Service Commissions, state legislatures and in court on a variety of cable telecommunications matters, such as rates, overbuilds, poles and access to Internet services. (Ongoing)
FCC regulatory compliance for various clients
Counsel clients, including major cable companies, small independent cable companies and state cable telecommunications associations, on a wide variety of cable regulatory requirements including signal carriage, copyright, the 1984 and 1992 Cable Acts and the 1996 Telecommunications Act. (Ongoing)
Represents broadcast and cable TV clients at the Federal Communications Commission and in connection with a variety of transactional and regulatory matters, including ownership and attribution. (Ongoing)
GLAD v. Cable News Network, Inc.
Lead counsel representing CNN in this putative class action lawsuit seeking to compel CNN.com to include closed captioning on all news videos available on CNN.com. (Ongoing)
Interconnection agreements for Telephone Service Providers
Negotiates and arbitrates interconnection agreements, and advises telephone service providers on intercarrier compensation, universal service compliance and reform, obtaining universal service funding for high-cost areas, and complex carrier-to-carrier billing disputes. (Ongoing)
IT and software agreements for multiple clients
Negotiate, draft and provide advice concerning software licensing, software development and other types of information technology agreements. (Ongoing)
Local and state cable franchising issues
Counsel cable clients and numerous state cable telecommunications associations on local franchising and state video franchise laws. (Ongoing)
Music licensing and Internet gambling advice
Advises clients on legal issues relating to music licensing, Internet gambling, and potential liability for defamation, obscenity, and indecency. (Ongoing)
National DAS provider
Represent national DAS provider in obtaining various state regulatory authority certificates. (Ongoing)
Navigation devices for National Cable & Telecommunications Association, CableLabs, Charter
The Federal Communications Commission is engaged in several proceedings to define the technical and business interfaces between multichannel networks, home domains, and consumer navigation, recording, and display devices. We have been assisting the National Cable & Telecommunications Association and others in the cable industry in the development of the technical vision and architecture, pleadings, and regulatory strategy before the Federal Communications Commission. (Ongoing)
NextG Networks of Cal., Inc. v. City of Huntington Beach
Lead counsel for distributed antenna system (DAS) operator, NextG, in federal and state court litigation challenging municipal regulation of wireless deployment in public rights of way. SACV 07-1471 ABC (RNBx) (C.D. Cal. Ongoing) Read more
Next-generation downloadable security for cable MSOs
Assisted a major cable television company in developing and deploying an innovative system of next-generation downloadable security. He previously structured the architecture, governance, licensing and other contracts required for the Polycipher security architecture. (Ongoing)
Outside general counsel for LCW Wireless
Outside general counsel for wireless telephone service provider. (Ongoing)
Pole attachment rulemakings for cable television and telecommunications providers
Involvement in federal and state pole attachment rulemakings to ensure that communications clients obtain and retain access to essential outside plant facilities on just and reasonable rates, terms and conditions.
Advises on political broadcasting and cablecasting rules and issues, regularly representing broadcast and cable TV clients at the Federal Communications Commission. (Ongoing)
Pre-broadcast counseling and production legal services for various television productions
Provide pre-broadcast counseling and production legal services for television networks and production companies, documentarians and others, including Comedy Central, MTV, VH1, Partially Important Productions, ITV, Honest Engine, and 50/50 Productions. Current and past projects include "Last Week Tonight With John Oliver," "The Daily Show," "Friends of the People," "Workaholics," "Night of Too Many Stars," "Nikki and Sara Live," "The First 48," "Scorned," "BR-5," and "Bunk."
Pre-publication review for print media
Provide pre-publication review for newspapers and magazines, including In Touch, Life & Style, US Weekly, the New York Post, The Wall Street Journal, Maxim, and Rolling Stone, and legal vetting of manuscripts for book publishing clients, including St. Martin’s Press, Farrar Straus & Giroux, and Henry Holt & Co. (Ongoing)
Counsels clients on corporate privacy practices, including reviewing and drafting privacy policies for Internet and other digital media and communications services. (Ongoing)
Production and licensing counsel for Class Media Inc.
Represent Classic Media, Inc., owner of such famous characters as Rocky & Bullwinkle, Mr. Magoo, Gumby, Lassie, and Underdog in connection with a variety of production-related and merchandise licensing transactions (Ongoing)
Production counsel for the award-winning television series 'Inside The Actors Studio' since its inception in 1994, handling all aspects of financing, production, and exploitation of the series. (Ongoing)
Right of publicity claims for Getty Images
Manage litigation (or threatened litigation) in California, Maryland, Delaware, West Virginia and Virginia concerning allegations of breach of the right of publicity. Obtained dismissal of the most active case (involving a publicity claim by a young woman whose image appeared on the packaging for disposable cameras) on summary judgment. 461 F. Supp. 2d 1112 (N.D. Cal. 2006); (N.D. Cal. Ongoing)
Sale of assets for InfoSpace
Sale of assets of mobile search and content provider to another search and content provider. (Ongoing)
State cleanup claim for Fortune 500 company
Ongoing defense of Alaska cost recovery claims involving allegations under state law concerning the cleanup of PCBs at former U.S. defense sites. (Ongoing)
Summit Media v. City of Los Angeles
Representing Clear Channel Outdoor in litigation pending in the Central District of California concerning Los Angeles outdoor advertising ordinances. (Ongoing)
Telecommunications regulatory for multiple DAS providers
Represent DAS providers in obtaining state regulatory authority certificates in more than 30 states. (Ongoing)
Trademark and content protection
Advises and represents clients in intellectual property protection and litigation, opposing trademark and copyright infringement, and other unauthorized uses of content. Also defends against trademark oppositions. Has secured dismissals and settled numerous cases favorably out of court. (Ongoing)
Represents television production client on trademark applications for cable television goods and services at the U.S. Patent and Trademark Office, and in opposition proceeding before the Trademark Trial and Appeal Board. (Ongoing)
Negotiates purchase agreements and handles related documentation and regulatory issues for radio and TV broadcast clients including LMAs. Has handled the purchase and sale of multiple broadcast stations including LPTV transactions. (Ongoing)
City of Arlington, Texas v. FCC*
Successfully defended FCC order designed to promote the deployment of wireless Internet services by requiring local zoning authorities to timely act on wireless carriers’ applications to construct and modify cell phone towers and wireless facilities. Writing for Bloomberg, Professor Cass Sunstein has described the case as "an important victory" for the Government "that will long define the relationship between federal agencies and federal courts." 113 S. Ct. 1863 (2013)
Competitive pricing litigation
Represented national provider of cable television, Internet, and telephone services defending claims of improper price competition and business torts in multi-forum litigation brought by competitor. (Cir. Ct., Wood Cnty, (W.V.) 2007, S. Ct. (W.V.) 2011, W. Va. PSC 2013)
Linda Cawley v. Vancouver Columbian
Defended newspaper in defamation action brought by teacher, based on published articles about investigation into alleged classroom assault, with trial court granting summary judgment. (Clark Cnty. (Wash.) Super. Ct. 2013)
Alberghetti et al. v. Corbis Corporation
Represented national media and licensors of photographic imagery in amicus brief challenging district court's ruling that the subject of a photograph may assert a viable right-of-publicity claim based merely on a licensor's offer to license the copyright in the photograph. (9th Circuit 2012)
CBS Corp. v. FCC
Represented CBS Corporation in a successful challenge to FCC indecency finding and $550,000 forfeiture penalty levied against CBS for the 2004 Super Bowl halftime show featuring Janet Jackson and Justin Timberlake. On June 29, 2012, the Supreme Court denied certiorari. (3d Cir., U.S. 2012)
Conde Nast v. Barry
Successfully represented Conde Nast in action under Anti-Cybersquatting Consumer Protection Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award. (S.D.N.Y. 2012)
FCC v. Fox Television Stations and ABC, Inc.
Represented CBS Corporation in a consolidated appeal challenging the FCC's application of broadcast indecency rules to "fleeting expletives" in live awards shows and brief nudity in the program "NYPD Blue." On June 21, 2012, the U.S. Supreme Court held that FCC decisions targeting “fleeting” broadcasts of allegedly indecent material were unconstitutional under the Due Process Clause. (U.S .2012)
Richard Feiner and Company, Inc. v. Paramount Pictures Corporation
Represented Paramount Pictures in action for breach of contract concerning the rights to exploit 17 motion pictures in certain geographic markets. Summary judgment granted on appeal. (1st Dept. 2012)
Tiwari v. NBCUniversal Media, Inc.
Represented NBCUniversal to obtain dismissal of libel and IIED claims and to resolve a federal civil rights lawsuit arising from an episode of "Dateline NBC: To Catch A Predator." (2012)
Young v. CBS Broadcasting
Represented 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)
In re Erwin Arnada
Represented 17 publications and media freedom groups in submitting amicus curiae brief to Supreme Court of Indonesia urging reversal of criminal indecency conviction of Erwin Arnada, the former editor-in-chief of Playboy Indonesia magazine. (2011)
Keck v. Amazon.com
Defended Amazon.com against privacy claims raised by book that was published by third parties through Amazon's Kindle Direct Publishing program. Court found Amazon.com immune from liability under Section 230, granting its motion for judgment on the pleadings. (2011)
Psihoyos v. Luminant Media, Inc. & Bloomberg LP
Represented media companies in defense of copyright infringement lawsuit resulting in favorable settlement. (S.D.N.Y. 2011)
TV station and news website representation for Meredith Corp. (KPTV)
Representation of television station and news website including pre-broadcast review and defense of defamation and privacy claims. (2011)
Bain v. Carroll
Successful representation of Scottish reporter in libel suit in the Supreme Court, New York County based on publication in Scotland. (2010)
Barker v. Skype, Inc.
Represented Skype and eBay in putative class action in Federal District Court in the Western District of Washington alleging that expiration of Skype credits violates Washington's Consumer Protection Act and the Washington Gift Certificate Statute. The case has been settled on favorable terms. (2010)
Bockhan v. AOL, LLC
Represented AOL in putative class action in King County Superior Court alleging that AOL enrolled consumers in service plans without authorization. The case was settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2010)
Broadband plant relocation counseling
Represented major cable operator obtaining municipal reimbursement for costs associated with the relocation of cable system as part of various municipal improvement projects. (2010)
Cardillo v. BBC Worldwide Americas, et al.
Defended the BBC and BBC Worldwide America in a copyright infringement and theft of ideas action brought by an individual alleging that the TV series "The Great American Road Trip" infringed his format for a reality television program allegedly submitted to the Travel Channel and retransmitted to the BBC. Motion to dismiss granted. 2010 U.S. Dist. LEXIS 103153 (E.D.N.Y. 2010)
Clear Channel Outdoor, Inc. v. The City of New York
Major First Amendment challenge to New York City's prohibition against outdoor advertising along its arterial highways. (2d Cir. 2010)
Defend cable MSO against challenge to change of access channel location and format
Lead counsel defending against claims brought by several cities challenging service provider's plan to change the channel location and format of public, educational and educational access channels. (U.S.D.C. 2008, FCC 2010)
Defend national ISP against claims for Internet access service fees
Lead counsel for national provider of broadband services against claims of cities seeking payment of local franchise fees on revenue received by the cable provider from its provision of broadband Internet access service. (State S. Ct. 2008, State Ct. App. 2010)
Defense against imposition of taxes for cable service provider
Defended client against an attempt by the City of Eugene, Ore., to impose $14 million in taxes on revenues from cable modem services when such taxes are barred by the Internet Tax Freedom Act. Prevailed at bench trial.
Digital media service licensing, distribution and regulatory arrangements for Kangaroo Media
Represented the provider of the Kangaroo TV handheld interactive television service at Formula One races worldwide in its commercial distribution, sponsorship and content licensing arrangements and in securing broadcast licenses for its operations at F1 races in Europe. (2010)
DirecTV v. Dish Network
Represented Dish Network in a false advertising action by DirecTV involving commercials for competing satellite television services; temporary restraining order against Dish denied and case thereafter settled. (S.D.N.Y. 2010)
EU Audiovisual Media Services Directive for several Internet companies*
Advised clients on the potential application of the U.K.'s implementation of the EU Audiovisual Media Services Directive to content services delivered over the Internet. (2010)
In re Rule 45 subpoena issued to Cablevision Systems Corp.
Successfully moved to quash subpoena seeking private information of individual posting anonymously on Internet message boards regarding public company, on First Amendment grounds. (E.D.N.Y. 2010)
In re Search Warrant to Gizmodo.com
(one of the Gawker Media websites) in dealing with reporter's shield issues immediately following the execution of a search warrant by the San Mateo County District Attorney's Office on the home of a Gizmodo writer covering a story about a prototype Apple iPhone left in a Redwood City, Calif., bar. (2010)
Open source software services agreement for privately held software services company*
Drafted agreement to become the exclusive provider of software development and maintenance services for a widely used software application distributed under a French copyleft software license. (2010)
Pole attachment rate litigation for national provider of broadband services
Won motion to dismiss utility complaint company demanding higher pole attachment payments for the operator's provision of telecommunications and voice services over its cable system. (U.S.D.C. 2010)
Psihoyos v. NBC Universal, Inc. and Getty Images
Defended a copyright infringement claim arising from NBC Universal's use of video footage of a bank of video screens, which it had licensed from Getty Images, and which the plaintiff claimed was substantially similar to his photograph '500 TVs,' depicting a bank of television screens. The case successfully settled after filing and arguing a motion to dismiss for failure to state a claim based on lack of substantial similarity to the defendant's photograph. (S.D.N.Y. 2010)
Purchase negotiation for Central Oregon Cable Advertising
Negotiated purchase and handled documentation for client's acquisition of an LPTV station. (2010)
Purchase negotiation for S.J. Broadcasting, LLC
Negotiated agreements and handled documentation for multiple radio station purchases in Illinois. (2010)
Putative statewide privacy class action for national cable service provider
Represented national cable service provider in putative statewide class action alleging state wiretap claims in relation to call center operations. Obtained order enforcing client’s arbitration provision, including its class action waiver. Affirmed on appeal. (Baltimore City Cir. Crt. and Md. Ct. Spec. App. 2010)
Rivera v. First Data Bank
As local counsel, using the anti-SLAPP statute, obtained the dismissal of wrongful death claims brought against First Databank, a medical publisher, on the grounds that First Databank's drug monograph was protected by the First Amendment. 187 Cal. App. 4th 709 (2010)
Rooke v. MTV Networks
Successfully defended MTV Networks in an invasion of privacy, trespass, and negligence lawsuit arising from the production and broadcast of the popular reality television series "The Hills." MTV moved to strike the plaintiff-homeowner's claims under California's SLAPP statute. After the court dismissed the privacy and trespass claims the homeowner voluntarily dismissed all of his claims against MTV to avoid liability for MTV's attorneys' fees. (Cal. Super. Ct. 2010)
Rosenblatt v. Jewish Federation of Rockland County, et al.
Defended journalist, newspaper, and federation which published newspaper in libel action brought by man depicted anonymously in article on domestic abuse in an Orthodox Jewish community, who claimed that he was identifiable based on certain details in article. Obtained dismissal based on plaintiff's failure to carry out discovery obligations. (2010)
Salinger v. Colting
Represented J.D. Salinger in a copyright infringement action against the author, publisher and distributor of a self-proclaimed sequel to "The Catcher in the Rye." Motion for preliminary injunction was granted and appealed to the 2nd Circuit where the matter was vacated and remanded. Permanent injunction entered; case settled. 641 F. Supp. 2d 250 (S.D.N.Y., 2d Cir. 2010)
Steinbeck v. McIntosh & Otis, Inc., Estate of Elaine Steinbeck, et al.
Represented literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted and affirmed by the 2nd Circuit. 2009 WL 928189, 2010 WL 3995982 (S.D.N.Y., 2d Cir. 2010)
Stewart v. Rolling Stone Magazine
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)
Wholesale interconnection arbitration
Represented major cable operator in multistate public service commission arbitration proceedings upholding operator's wholesale telecommunications interconnection rights. (2010)
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)
Broadband service provider for Charter Communications, Inc.
Represented national provider of cable television, Internet, and telephone services in obtaining federal, state, and local approvals for corporate restructuring. (2009)
Child Model et al. v. DraftFCB
Defended Draft FCB in an action for defamation and violation of sections of the New York Civil Rights Law. Action brought by two professional models alleging that use of their photographs in an advertisement for agencies involved in counseling addicts defamed them by implying that they were former meth addicts. (S.D.N.Y. 2009)
Defense of cable operator in a putative class action
Defended national provider of broadband services in a putative class action by the residents of an area of a county annexed by a city. The plaintiffs claimed cable operator should charge them lower cable television rates. Dismissed with prejudice by trial court as pre-empted by federal Cable Act. The dismissal was affirmed by the Washington State Court of Appeals. 150 Wn. App. 721, 208 P.3d 1261 (Wash. App. 2009)
Equity investment for Clearwire Corporation
Represented Clearwire in $1.564 billion investment by Sprint, Comcast, Time Warner Cable, Bright House Networks, Intel and Eagle River. (2009)
European communications policy-making for several online companies*
Advised companies on a range of communications policy and compliance issues in Europe, including the recently completed review of its electronic communications regulatory framework, the regulation of VoIP services, incentives for the creation of next-generation high-speed data networks and net neutrality/broadband access rights. This work involved regular advocacy before policy makers in Brussels and key national regulators, such as the U.K.'s Office of Communications. (2009)
Friendly Family Productions v. Little House on the Prairie, Inc.
Represented Friendly Family Productions, the owner of the trademark and merchandising rights in the famed book and television series each titled "Little House On The Prairie," against a corporation operating a small museum and gift shop on what is alleged to be the historic site of a venue described in the book and television series, which had launched a website from which it was selling branded merchandise. The case was settled on the eve of trial. (C.D. Cal. 2009)
Harris v. Simon & Schuster, Inc. and the McGraw-Hill Companies, Inc.
Represented defendant publishers in an action for copyright infringement arising from the licensing of a passage from a copyrighted work for inclusion in standardized tests. Case settled. (S.D.N.Y. 2009)
Ibarra v. Houston Chronicle
Obtained summary dismissal of libel litigation challenging the comments of sports blogger writing about MMA controversy. (2009)
J.K. Idema v. The Australian Broadcasting Corporation, et al.
Defended the Australian Broadcasting Corporation against claims of defamation and copyright infringement allegedly arising from a television program about plaintiff's credentials as a media expert on counter-terrorism in Afghanistan and related Web postings. Motion to dismiss granted; appeal to 2nd Circuit dismissed. 91 U.S.P.Q.2d 1281 (S.D.N.Y. 2009)
Liao v. CNN
Twice, obtained dismissal of federal civil rights lawsuit challenging editorial content on CNN.com
Reudy v. CBS Corporation, et al.
Obtained order of dismissal, affirmed on appeal, in favor of CBS Corporation of a complaint containing antitrust and business tort allegations involving outdoor advertising. (9th Cir. 2009)
Stern v. Rita Cosby, Hachette Book Group USA
Represented Rita Cosby in libel action brought by Howard K. Stern, former partner of Anna Nicole Smith, arising out of Cosby's book "Blonde Ambition." (S.D.N.Y. 2009)
Surf City Enterprises v. The Daily Orange, et al.
First Amendment defense for a student publication against allegations of defamation. Case settled. (Sup. Ct. Onondaga Cty. 2009) Read more
Telecommunications regulatory for NextG Networks, Inc.
Represent DAS provider NextG Networks in obtaining federal, state and local regulatory approvals for corporate change of control. (2009)
Trademark litigation for CompTel
Defended client in trademark dispute. Successfully settled and dismissed in D.C. Superior Court. (2009)
Atrium Group v. Harry N. Abrams, Inc.
Won dismissal of Lanham Act and unfair competition claims in a dispute over the publication of U.S. versions of Spanish books. Action subsequently settled. 565 F. Supp. 2d 505 (S.D.N.Y. 2008)
Bankruptcy and tax code issues for major communications company
Represented the liquidating trustee of a major telecommunications company in potential litigation and ensuing negotiations involving complex bankruptcy and tax code issues that led to favorable confidential settlement. (2008)
Barnes v. Creative Marketing Resources; Magro v. Getty Images
Defended Getty Images and indemnities of Getty Images in lawsuits involving invasion of privacy, misappropriation of likeness and unjust enrichment. One case dismissed with prejudice at pleading stage. Other case resolved before discovery at extremely favorable terms. (L.A. Cnty. (Cal.) Super. Ct. 2008)
CACI International v. Randi Rhodes and Piquant, LLC (Air America Radio)
Secured summary judgment, affirmed in 4th Circuit, 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. 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 non-actionable hyperbole. 536 F.3d 280 (E.D. Va. 2008). Affirmed, 536 F.3d 280
(4th Cir. 2008) Read more
ConnectU, Inc. v. Facebook, Inc.
Successfully represented magazine 02138 when Facebook sought to compel removal of sealed documents about its founder, Mark Zuckerberg, from the magazine’s website; court rejected as unconstitutional prior restraint. 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. 2008 WL 2330992 (D. Mass. 2008) Read more
CTIA v. Federal Communications Commission
Represented telecommunications provider in successful D.C. Circuit appeal of FCC decision imposing back-up power requirements on all telephone company and wireless facilities. Nos. 07-1475, 07-1477, 07-1480 (D.C. Cir. 2008) Read more
Dalia Gal v. Viacom, et al.
Defended author Mary Higgins Clark and publisher Simon & Schuster, among others, in a copyright infringement action arising out of Ms. Clark's novel "The Second Time Around." Secured summary judgment for defendants. 518 F. Supp. 2d 526 (S.D.N.Y. 2008)
Doe v. TS
Successfully defended newspaper against subpoena under Oregon's media shield law. (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)
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)
Long v. Internal Revenue Service
Successfully moved to require the IRS to continue producing records under the Freedom of Information Act and recovered award of attorneys' fees on two occasions. 2008 WL 4083172 (W.D. Wash. 2008)
Mattel v. MCA
Successfully defended "BusinessWeek" reporter who was subpoenaed to testify by Mattel in multibillion-dollar civil lawsuit arising from ownership of Bratz dolls. Relying on First Amendment reporter's privilege, the court denied Mattel’s motions to compel and motions for reconsideration before the discovery master, and Mattel's motions asking the district court judge to reverse the master's orders. (C.D. Cal. 2008)
McGill v. Clearwire Corporation et al.
Defended claims of gender and age discrimination. (2008)
Merger and investment for Clearwire Corporation
Merger of Sprint and Clearwire WiMAX businesses and investment in Clearwire of $3.2 billion by Comcast, Time Warner Cable, Bright House Networks, Google and Intel. (2008) Read more
Miller v. Holtzbrinck Publishers
Successfully defended publisher and co-author of novel against claims of fraudulent inducement, conversion and tortious interference by plaintiff who alleged that novel plagiarized plaintiff's manuscript. Case was dismissed. 2010 WL 1932322 (S.D.N.Y. 2008)
Miller v. Paramount
Represented Paramount Pictures and E! Entertainment in copyright action arising from use of a disputed photo in a televised program. Successfully settled. (S.D.N.Y. 2008)
New Jersey Telecommunications Association et al. v. Fox
Counsel for national cable television operator in a case challenging requirements under New Jersey law for cable operators to allow competitors to use their cable networks. (D.N.J. 2008)
NextG Networks of NY, Inc. v. City of New York
Lead counsel for NextG in federal court challenge to City of New York franchise and regulation of wireless deployment in public rights of way. Including successful 2nd Circuit appeal reversing District Court grant of summary judgment to defendant city on NextG's claims that the city's franchise requirements violate Section 253 of the federal Communications Act. Pending on remand at the District Court. 513 F.3d 49 (2d Cir. 2008) Read more
Sexual harassment investigation for private telecommunications firm
Supervised investigation by a publicly traded technology company into sexual harassment allegations involving extensive electronic evidence, computer forensics, and complicated issues relating to maintaining privileged nature of investigation and communicating results. (2008)
Smale et al. v. Cellco Partnership d/b/a Verizon Wireless
Represented Verizon Wireless in putative class action alleging the failure to disclose surcharges in consumer contracts and billing statements. Obtained dismissal on the pleadings. See Smale et al. v. Cellco Partnership, dba Verizon Wireless
, 547 F.Supp.2d 1181 (W.D. Wash. 2008).
Sugarman v. Apostolina, Simon & Schuster
Obtained summary judgment dismissing libel in fiction and right of publicity claims arising out of book "Hazing Meri Sugarman." 101750/06 (N.Y. Sup. Ct. 2008) Read more
SwordPen.com v. Henry Holt and Company
Successfully defended publisher and co-author of novel against claims of fraudulent inducement, conversion and tortious interference by plaintiff who alleged that novel plagiarized plaintiff's manuscript. Case was dismissed. 2010 WL 1932322 (S.D.N.Y. 2008)
Television dispute over cable carriage
Lead counsel defending a complaint filed by TV station concerning carriage of the station on cable systems. (FCC 2008)
Unfair competition class action litigation for national wireless carriers
Represented national wireless carriers in class action lawsuits brought by plaintiffs asserting unfair competition and unjust enrichment claims on behalf of classes of California cellular phone service subscribers. (2008)
Vargas v. Pfizer
Successful defense of a soundware company against copyright infringement claim based on drum loop used in advertisement. Case raised issues of originality, independent creation and substantial similarity. Defendants prevailed on summary judgment. 418 F. Supp. 2d 639 (S.D.N.Y 2005, 2d Cir. 2008)
Walker v. Viacom International Inc., et al.
Obtained summary judgment in favor of defendants creator, animation studio, distributor and licensor of franchised animated cartoon character SpongeBob SquarePants and television series in copyright infringement case involving claims of stand-alone character protection and story line infringement. 2008 WL 2050964; N.D. Cal, May 13, 2008; 2010 WL 236758 (9th Cir. 2008)
Ward v. National Geographic
Represented newspaper and magazine publishers as amici curiae in defense of rights to publish digital archives of periodicals. 284 Fed. Appx. 822 (2d Cir. 2008)
Acquisition of spectrum for Clearwire Corporation
Purchase of AT&T's portfolio of 2.5 GHz spectrum for $300 million. (2007)
Acquisition of stock for Clearwire Corporation
Stock and purchase agreement between Clearwire Spectrum Holdings II LLC, Clearwire, BellSouth, and AT&T. (2007)
Allied Telecomm International, Inc. v. Yangtze Optical Fibre & Cable Co., Ltd.
Defended client in $38 million breach of contract case arising from arbitration (in which a complete defense award was obtained; the plaintiff then sought a trial de novo in court) and obtained a favorable settlement. (S.F. County (Cal.) Super. Ct.; JAMS 2007)
Bandwidth purchase for Clearwire Corporation
Purchase of AT&T's portfolio of 2.5 GHz spectrum for $300 million. (2007)
Barrino v. Simon & Schuster
Represented Simon & Schuster in libel action brought by Joseph Barrino, father of Fantasia Barrino, arising out of Ms. Barrino's book 'Life is Not a Fairy Tale.' (S.D.N.Y. 2007)
Berman v. CIA
Represented Vietnam war historian in Freedom of Information Act litigation, defeating CIA's claim that presidential intelligence daily briefs are categorically exempt from FOIA's disclosure mandates. 501 F.3d 1136 (9th Cir. 2007)
Clapp v. Olympic View Publishing Co.
Represented defendant in favorable application of public reports privilege by Division II in defamation lawsuit, affirming dismissal of case on the pleadings. 137 Wn. App. 470, 154 P.3d 230 (Wash. App. 2007)
Clark v. Cable News Network and Larry King
Defended CNN and Larry King against defamation lawsuit filed by actress Lynn Redgrave's ex-husband, based on statements about their divorce proceedings made on "Larry King Live." The 9th Circuit affirmed the district court's order dismissing the lawsuit. (C.D. Cal., 9th Cir. 2007)
Defended challenge to multi-billion dollar merger
Lead counsel defending against claims that broadband service provider unlawfully closed multibillion-dollar acquisition of cable systems. (St. Ct. 2006, aff’d, St. Ct. App. 2007)
Direct TV v. EchoStar Communications Grp.
Represented Echostar Satellite Corporation Grp. in declaratory judgment actions raising issue of whether use of competitor's trademark as a search term is a trademark use and/or trademark infringement. Defeated motion to dismiss; thereafter settled. (S.D.N.Y., C.D. Cal. 2007)
Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc.
Represented Global Crossing in case involving enforceability of FCC regulations through private rights of action. 550 U.S. 45. (2007) Read more
Grecco v. Gawker Media
Defended online media company in copyright infringement action arising out of the use of the plaintiff's photograph on Defamer.com, one of Gawker's blogs. (S.D.N.Y. 2007)
In re Application of Verizon Virginia, Inc. for Retail Services Deregulation and Detariffing
Represented competitive carrier in opposition to Verizon deregulation request. Case No. PUC-2007-00008 (Va. SCC 2007)
In re: Natural Gas Commodities Litigation
Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoenas issued by plaintiffs and defendants. (S.D.N.Y. 2007)
Katonah Village Improvement Society v. Martha Stewart Living Omnimedia, Inc.
Successfully defended the right of Martha Stewart Living Omnimedia to register 'Katonah' as a trademark for a line of furniture. Case settled. (T.T.A.B. 2007)
Latin World Entertainment v. H&M Communications Group
Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition and breach of contract. Obtained dismissal with prejudice on all claims. (2007)
McCain v. Rahal
Represented television networks, blog operators and stock photography agency in numerous copyright actions alleging unauthorized use of photographs. Dismissed-want of prosecution. 2007 WL 2435170 (S.D.N.Y. 2007)
Mikhail Anikin v. Random House and Dan Brown
Defended copyright infringement case against Dan Brown and Random House in which a curator at the Hermitage and the author of a Russian work on Da Vinci claimed Brown copied his phrase 'Da Vinci Code' and his analysis of the Mona Lisa. 3:07-cv-00697 (D. Tenn. and Russian court 2007)
MINDS v. Discovery Communications
Defended breach of contract and fraud action related to acquisition of online educational technology, which was successfully resolved after extensive discovery. (AAA 2007)
NextG Networks of Calif., Inc. v. County of Los Angeles
Order granting preliminary injunction prohibiting defendant county from enforcing its wireless zoning code against NextG on the grounds that the code is pre-empted by Section 253 of the Federal Communications Act. 522 F. Supp. 2d 1240 (C.D. Cal. 2007) Read more
Office of Consumer Council v. Southern New England Tel. Co.
Order granting plaintiff's summary judgment; establishing that AT&T video programming service is cable service and that AT&T is a 'cable operator' providing service over a 'cable system' subject to franchising requirements applicable under the Federal Cable Act. (Vacated on mootness grounds after new legislation applied new franchise requirements to AT&T.) 515 F. Supp. 2d 269 (D. Conn. 2007) Read more
Paterson v. Little, Brown & Co.
Secured summary judgment dismissing defamation and false light claims brought by 'father of DOS' computer operating system against book publisher, author and researcher on grounds that statements in suit were protected opinion or were not published with actual malice. 502 F. Supp. 2d 1124 (W.D. Wash. 2007)
Powers v. City of Seattle
Successfully represented The Seattle Times Company in an opposing motion to join media entities as indispensable parties in a defamation lawsuit filed by terminated city employee against City of Seattle. Judge ruled that our client would not be added as a defendant. 242 F.R.D. 566 (W.D. Wash. 2007) Read more
Sale of business for Time Warner & subsidiary (AOL LLC)
$265 million sale of mobile device software company, Tegic Communications, Inc., to Nuance Communications (NASDAQ: NUAN). (2007) Read more
Securities transaction for Sierra Wireless, Inc.
Secondary public offering. (2007)
Steinbuch v. Cutler
Obtained dismissal of privacy and related claims against Ana Marie Cox, former author of the blog 'Wonkette,' based on excerpting, linking to and commenting on another blogger's first-hand accounts of her relationship with plaintiff. 1:05CV00970 (D.D.C. 2007)
Television programming for Smithsonian Networks
Clearance of music rights for the television broadcast by Smithsonian Networks of a concert tribute to Ella Jenkins titled 'Cellabration!' (2007)
U.S. Commodity Futures Trading Commission (CFTC) v. Bradley
Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoenas issued by CFTC and by defendants. USCFTC v. McGraw-Hill (D.D.C. 2006)
U.S. Commodity Futures Trading Commission (CFTC) v. McGraw-Hill
Represented McGraw-Hill in its assertion of the reporter's privilege in response to investigatory subpoena by CFTC. (2007)
Ward v. Gene Simmons and VH1
Represented VH1 and Gene Simmons in a libel action concerning a documentary regarding KISS. (2007) Read more
Wong v. Simon & Schuster
Defeated injunction against book publisher Simon & Schuster in copyright infringement action. (E.D. Va. 2007)
Acquisition of business for Clearwire Corporation
Acquisition of broadband wireless operator in Ireland. (2006)
Berry v. Penguin Group (USA), Inc.
Won dismissal of copyright lawsuit against book publisher on jurisdictional grounds. 448 F. Supp. 2d 1202 (W.D. Wash. 2006)
Branch Banking Company v. PanAmSat and Seaton Broadcasting
Represented cable television network in contract litigation with satellite operator regarding unauthorized satellite transponder migration, obtaining favorable settlement.
Dealer dispute/termination litigation for national wireless carrier
Defended national wireless carrier in many claims brought by various independent dealers nationwide alleging various theories, including breach of contract, violation of Robinson-Patman Act, violation of state franchise and consumer protection legislation and antitrust laws. (2006)
Hart v. Scholastic, Inc.
Represented publisher in federal court putative nationwide class action alleging violations of the Washington Consumer Protection Act and the Washington Unsolicited Goods Act for demanding payment for goods that were purportedly free. After filing motion for judgment on the pleadings, plaintiffs voluntarily dismissed all claims. (W.D. Wash. 2006)
In re Wisconsin PSC Investigation into Transit Traffic
Litigation of transit traffic interconnection issues in multi-party proceeding involving competitive, incumbent and rural LECs. Docket No. 05-TI-1068 (2006)
Jones v. NBC; Suser v. NBC*
Successfully defended intentional interference and idea theft claims related to several NBC television shows. Actions resolved without any payment. (W.D.N.Y. 2006)
NextG Networks of Calif., Inc. v. City & County of San Francisco
Order granting judgment and permanent injunction for NextG, pre-empting pursuant to Section 253 of federal Communications Act the defendant city's requirements for deployment of wireless facilities in public rights-of-way. 2006 U.S. Dist. LEXIS 36101 (N.D. Cal. 2006; 9th Cir. 2006)
Private equity investment for Clearwire Corporation
Representation of Clearwire in raising over $1 billion in a private equity investment with Intel Capital and Motorola. (2006)
Qwest v. Universal Telecom
Section 251/252 arbitration of interconnection agreement terms and compensation provisions against Qwest Corp. Case No. ARB 671 (2006)
Renco Group, Inc. v. Workers World Party, Inc.
Successful defense of Workers World newspaper in defamation action brought by holding company owner of steel plants arising from two articles referring to plaintiff robbing its subsidiary's pension fund. 102875/06 (N.Y. Sup. Ct. 2006) Read more
Sale of business for Clearwire Corporation
Representation of Clearwire in the $50 million sale of its wholly owned subsidiary, NextNet Wireless, to Motorola. (2006)
Southwestern Bell Tel., L.P. v. Missouri Public Service Comm'n
Federal district court appeal of interconnection arbitration decision concerning intercarrier compensation for CLEC. 461 F. Supp. 2d 1055 (E.D. Mo. 2006)
Spafford v. EchoStar Communications Corp.
Represented defendant in a First Amendment challenge to regulations barring telephone solicitation, but the court declined our client's motion to dismiss. 448 F. Supp. 2d 1220 (W.D. Wash. 2006)
Stephen Dupont v. NBC Universal
Represented NBC in a copyright infringement action brought by plaintiff freelance photographer who filmed the Taliban burning incident in Afghanistan; NBC asserted fair use defense. Settled during pendency of motion for judgment on the pleadings. (S.D.N.Y. 2006)
Telecommunications regulatory approvals for Sprint Corporation
Obtained state regulatory approvals nationwide for spinoff of Embarq Corporation from Sprint. (2006)
The Knot, Inc. v. Ruben Rotteveel
Represented owner of Brides.com website in case brought by competing bridal website involving allegations of misappropriation of proprietary business information and trade secrets, including website functionality. (N.Y. Sup. Ct. 2006)
U.S. Commodity Futures Trading Commission (CFTC) v. Whitney
Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoena issued by CFTC and defendants. (2006)
Carter-Clark v. Random House, Joseph Klein
Obtained dismissal of libel in fiction action arising out of Joseph Klein’s novel "Primary Colors"; affirmed on appeal. (1st Dept. N.Y. 2005)
Carver v. Bonds
Successfully defended former San Francisco 49er Roger Craig in libel lawsuit arising from statements published in newspaper's investigative article. (2005)
Hardage v. CBS Inc., et al.
Obtained summary judgment for employer in harassment and retaliation case, and prevailed on appeal in the 9th Circuit. 427 F.3d 1177 (9th Cir. 2005)
Harmatz v. Reader's Digest
Defended Reader's Digest against copyright infringement and theft of idea claims arising from magazine article on celebrity philanthropy that plaintiff alleged was based on ideas in his unsolicited submission. Suit voluntarily withdrawn by plaintiff after motion to dismiss and for sanctions was filed. (D.N.J. 2005)
Huggins v. The New York Daily News
Represented 'The Daily News' in libel action on remand from N.Y. Court of Appeals. Settled. 118787/93 (N.Y. Sup. Ct. 2005)
In re Molz
Represented the California Newspaper Publishers Association as amicus curiae in an important newspaper adjudication case. The Court of Appeal allowed CNPA to participate in oral argument and issued a published decision adopting CNPA's position. 127 Cal. App. 4th 836 (Cal. Ct. App. 2005)
NAD Case: Challenge brought by Verizon Communications, Inc. against Adelphia Communications Company
Successfully represented Adelphia Communications Company in defense of various comparative advertising claims as a result of promotional pricing and speed claims for its Internet access service. Main claims found substantiated. (N.A.D. 2005)
Roberts v. Anderson News Company
Lead defense counsel and obtained dismissal (before class certification) in a wage and hour class action alleging claims for overtime, meal periods and 'off the clock' work. (2005)
Sale of business for Obie Media
Acquisition of a media company. (2005)
Subpoena enforcement matter for national provider of broadband services and other ISPs
Federal appeals court defense of subscriber privacy claims under Digital Millennium Copyright Act; multiple proceedings in state and federal courts for ISPs responding to, quashing or objecting to subpoenas for subscriber information. 393 F.3d 771 (8th Cir. 2005)
Suser v. National Broadcasting Co., et al.
Defended NBC in idea theft lawsuit related to two television shows. Successfully brought a motion to dismiss action, leading to the resolution of action without the payment of money. (C.D. Cal. 2005)
Telecommunications regulatory approvals for Sprint Corporation
Obtained state regulatory approvals nationwide for Sprint/Nextel merger. (2005)
U.S. Commodity Futures Trading Commission (CFTC) v. McGraw-Hill
Represented McGraw-Hill in its assertion of the reporter's privilege in response to subpoena from regulatory agency. (2005)
Asset acquisition for ICO Global Communications, Inc.
Acquisition of global communications and satellite assets of Globalstar, LP. (2004)
Bakersfield City School Dist. v. Superior Court
Successfully prosecuted California Public Records Act in trial court and court of appeal to establish legal precedent ensuring the public's right to review complaints of misconduct by public employees. 118 Cal. App. 4th 1041 (2004)
Bonome v. Kaysen
Obtained dismissal of invasion of privacy and misappropriation claims asserted against the publisher (Random House) and author (Susanna Kaysen) of the memoir, 'The Camera My Mother Gave Me.' (2004)
Buena Vista Television v. Adelphia Communications Corp.
Defended Adelphia against suit seeking more than $500 million in damages for copyright infringement arising from Adelphia’s failure to pay copyright royalties during the 2002/1 accounting period, when Adelphia declared bankruptcy. (2004) Read more
Corporate finance for Tenzing Communications
$40 million preferred equity and related debt financings and exit sale of substantially all of its assets. (2004)
E. Benton v. Liberation Publications
Obtained dismissal on appeal of libel and right of publicity claims arising out of use of plaintiff's photograph on cover of novel allegedly falsely implying he was homosexual. (2004)
Harris v. City of Seattle
On behalf of local broadcaster, granted summary judgment dismissing false light, intentional infliction of emotional distress, and outrage claims by former public official. 315 F. Supp. 2d 1105 (W.D. Wash. 2004)
In re Petition of Monmouth Tel. for Arbitration of an Interconnection Agreement
Section 251/252 interconnection arbitration proceeding. New Jersey BPU Case No. TO 03100788 (2004)
Plantec v. Swanton
Obtained injunction for Plantec prohibiting violations of duty of loyalty and prohibiting performance of service contract by competitor founded by former employee. Cause No. 03-2-00717-4 (Island Cnty. (Wash.) Super. Ct. 2004)
Qwest Corp. v. Universal Telecom, Inc.
Federal district court defense of interconnection and carrier compensation claims. (2004) Read more
Verizon Directories Corp. v. Yellow Book USA, Inc.
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)
Wiley v. Black Entertainment Television
Obtained voluntary dismissal after motion filed to dismiss emotional distress claims against BET for use of still photograph of Magic Johnson during annual cable television network's annual music awards program. (2004)
Woon Ng, Chinese Freemasons Grand Lodge of USA et al. v. Sing Tao Daily
Successful defense of newspaper Sing Tao Daily in defamation action arising out of an organizational dispute between two lodges of the Chinese Freemasons. (2004)
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)
Estate of J.R.R. Tolkien v. Perry
Represented the Estate of J.R.R. Tolkien as plaintiff in a copyright infringement action against Inkling Books based on chronology of "Lord of the Rings." Preliminary injunction granted; settled thereafter. (W.D. Wash. 2003)
In re Globalstar, L.P.
Represented ICO in purchase of debtor's assets out of bankruptcy. (2003)
Level 3 Communications v. City of Prichard
Federal district court action under Section 253 challenging municipal right-of-way franchise requirement and franchise fees. Civil Action No. 03-248-P-C (2003)
Los Angeles Times v. Board of Supervisors
Obtained important published decision from the Court of Appeal, reversing a trial-court order denying attorneys' fees to a successful plaintiff in a Brown Act open-meetings case. 112 Cal. App. 4th 1313 (Cal. Super. Ct., Cal. Ct. App. 2003)
Sea Horse Ranch v. CBS Broadcasting
Obtained voluntarily dismissal after motion filed to dismiss negligence and privacy claims based on hidden camera investigation of alleged animal abuses. (2003)
Torah Soft Ltd. v. Drosnin
Represented Simon & Schuster, Inc., the author and other defendants in two actions, one alleging copyright infringement by use of printouts allegedly generated from plaintiff's computer software programs in the book "The Bible Code," and the second for breach of an alleged agreement to credit the programmer in the book. Won summary judgment for defendants in copyright action and partial summary judgment on contract action and later prevailed on remaining claims in contract action. 136 F. Supp.2d 276 (S.D.N.Y. 2000) (copyright action); 2002 U.S. Dist. LEXIS 17413 (S.D.N.Y. 2002) (contract action)
Viacom Outdoor, Inc. v. Clallam County (Wash.)
Represented client in successful challenge to county sign ordinance. WL 21781131 (W.D. Wash. 2003)
Cobb v. Time, Inc.
Successfully represented amici in federal appeal of a multimillion-dollar verdict in actual malice defamation case. The opinion reversed the verdict and ordered judgment for the defendant. 278 F.3d 629 (6th Cir. 2002)
In re Evans
Secured the protection of the reporter's privilege for an investigative journalist who became part of the story, running for the board of a company he was covering and testifying at regulatory hearings. (N.Y. Sup. Ct. 2002)
Jane Doe v. Merck & Co.
Successfully vacated a $2 million punitive judgment against pharmaceutical manufacturer Merck & Co. and its advertising agency, in a libel and right of publicity action based on use of a model's photograph in promotional brochure for an anti-AIDS drug. (N.Y. Super. Ct. 2002)
Marcus Cable Associates, LLC v. City of Bristol
Federal district court prosecution of broadband and video competition claims. 237 F. Supp. 2d 675 (2002)
Motion Picture Association of America v. FCC
Represented the Motion Picture Association of America, the National Association of Broadcasters, and the National Cable & Telecommunications Association in successful challenge to FCC rules imposing mandates for video description of television programming. (D.C. Cir. 2002)
Random House, Inc. v. Rosetta Books LLC
Represented Random House in test case litigation on scope of publishers' electronic rights under standard grant clauses in publishing agreements. (2002)
U.S. West Communications v. Jennings
Represented AT&T Wireless in 9th Circuit Court in appeal of a ruling regarding various 1996 Telecommunications Act issues. 304 F.3d 950 (9th Cir. 2002)
Byrne v. BBC*
Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled. (2d Cir. 2001)
Global NAPs v. FCC
Appeal of FCC decision limiting intercarrier compensation rights. 247 F.3d 252 (2001)
EMI Music v. Spalding, Inc., et al.*
Represented Hill Holliday, Connors Cosmopulos and Spalding in an action for unfair competition instituted by EMI Music Publishing in connection with a television commercial for Spalding golf clubs that used music that allegedly sounded like a musical composition for which EMI owned the copyright. The 2nd Circuit reversed the grant of summary judgment to defendants, but held that in a case of first impression, a song could not function as a trademark. (2d Cir. 2000)
Ohio Players v. Polygram Records, Inc.*
Represented PolyGram Records in a breach of contract action brought by the Ohio Players with regard to PolyGram's right to license certain master recordings produced under an exclusive recording agreement for use in connection with television advertisements. (S.D.N.Y. 2000)
Penguin Classics v. Oxford University Press*
Action for trade dress infringement based upon distinctive cover for Penguin's Classics series; preliminary injunction granted. (2000)
Prima v. Darden Restaurants, Inc.*
Represented Grey Advertising and Darden Restaurants in defense of an action for violation of the right of publicity of the deceased performer Louis Prima and false advertising by reason of use of an alleged Prima sound-alike in a commercial for the Olive Garden Restaurants. (D.N.J. 2000)
Spelling v. Gear
Defended a magazine against a major television producer's claims for libel and violation of the Lanham Act. (C.D. Cal. 2000)
Project financing for communications company*
Acted as Washington counsel to communications company in $75 million project financing of fiber optic cable line from Seattle to Alaska, which involved structuring of security in on-shore and underwater cable line through multiple counties. (1999)
Mainstream Loudoun v. Board of Trustees of the Loudoun County Public Library
Counsel for plaintiff in first case to hold that mandatory content filtering of public library Internet terminals violates the First Amendment. (E.D. Va. 1998)
New York Magazine, a division of PRIMEDIA Inc. v. The Metropolitan Transportation Authority*
Represented New York Magazine in an action against the Metropolitan Transit Authority for civil rights violations because of the MTA's decision to remove a series of advertisements from the outside of New York City buses on the complaint of then-Mayor Rudy Giuliani that they violated his right of publicity. Judgment for plaintiff, affirmed on appeal. (2d Cir. 1998)
Chaiken v. Village Voice
Affirmed dismissal of private figure implication libel action finding that claims can only proceed if plaintiff establishes that defendants were aware of and endorsed the challenged implication. This was the first federal case to address the gross irresponsibility standard in a case involving an allegation of defamation by implication. (2d Cir. 1997)
Lipton v. The Nature Company*
False advertising and copyright infringement based on taking Lipton's compilation of animal terms of venery for use on merchandise. Summary judgment for plaintiff; affirmed in relevant part on appeal. (2d Cir. 1995)
Viacom Inc. v. Hollywood Entertainment Corp.
Represented plaintiff in a multimillion-dollar misappropriation of trade secrets (real estate acquisition methods and targets) and unfair competition case. Defended antitrust counterclaims brought against Viacom Inc. and Blockbuster Entertainment. The counterclaims sought damages of $1 million as well as various forms of injunctive relief including divestiture. The case settled after the filing of summary judgment motions prior to trial. Civil No. 95-115-MA (D. Or. 1995)
Campbell v. Acuff-Rose Music, Inc.
In a case that set standards for copyright fair use in cases of parody, the U.S. Supreme Court held that the commercial nature of a parody does not render it presumptively beyond the bounds of fair use. Filed amicus curiae brief on behalf of HBO and other media companies. 510 U.S. 569, 114 S. Ct. 1164 (U.S. 1994)
Holliday v. Cable News Network (CNN)
Defended CNN against copyright infringement and breach of contract lawsuit brought by the videographer of the infamous home video depicting Rodney King's beating by Los Angeles police; obtained summary judgment dismissing claim. (1994) Read more
In re Cable News Network, Inc.
Represented CNN in prior restraint action brought by Manuel Noriega to prevent broadcast of tapes of phone conversations between Noriega and his defense counsel. Case involved conflict between First Amendment prohibition against prior restraints on media and Sixth Amendment right to fair trial. 917 F.2d 1543; cert. denied, 498 U.S. 976 (11th Cir. 1990)
Harte-Hanks Communications, Inc. v. Connaughton
In a defamation case brought by a judicial candidate against a newspaper, the U.S. Supreme Court determined that actual malice was the threshold standard for a finding of libel. Filed amicus curiae brief on behalf of the Associated Press and other media organizations. 491 U.S. 657, 109 S. Ct. 2678 (U.S. 1989)
Bestview Cable v. City of Abbeville, S.C.
Obtained injunction for cable television operator enjoining rival company from operating competing cable system and ordering dismantling of system.
The Seattle Times Company v. Ishikawa
Represented The Seattle Times in a landmark case setting the rights of media access to court. The Supreme Court of Washington held that trial court judge erred in closing pretrial hearing and set standards describing when court may restrict access to criminal hearings or records. 97 Wn.2d 30, 640 P.2d 716 (Wash. 1982) Read more
Mark v. The Seattle Times Company*
Represented The Seattle Times Company in case involving coverage of Medicaid fraud charges. In a landmark case setting high standards for defamation claims and defining the scope of the reporting privilege, the Court affirmed a summary judgment in favor of the Times. 96 Wn.2d 473, 635 P.2d 1081 (Wash. 1981) Read more
Administrative litigation and private arbitration against Verizon Communications
Two private arbitrations of claim by competitive local exchange carriers (CLECs) against Verizon, under Section 251/252 interconnection agreements, regarding appropriate charges (if any) for including CLECs’ customers in Verizon's printed telephone directories and directory assistance databases.
Administrative litigation for competitive local exchange carrier
Successfully prosecuted administrative litigation for competitive local exchange carrier, arguing that the telecommunications-service affiliate of a government-owned power company is subject to regulation as a telecommunications carrier by state-level regulatory body.
Antitrust counsel for multiple major communications companies
Regularly advise numerous companies regarding structuring and operation of joint buying, distribution, development, and standard setting activities, interlocking directorates, and other issues concerning compliance with U.S. antitrust laws.
Antitrust litigation for cable television operator
Obtained favorable settlement for plaintiff cable operator of federal antitrust lawsuit against electric cooperative for denial of access to essential utility poles.
Appeal of USAC rulings to the FCC
Handled intra-agency appeals of adverse decisions by the Universal Service Administrative Company (USAC) regarding disbursements of universal service funding under the interstate common line support (ICLS) program; handled appeal of USAC rulings to the FCC.
Arbitration for telecommunication providers
Arbitration proceedings before state public utility commissions and private arbitration panels.
Advises clients on local, state and federal broadband policies, including the FCC’s National Broadband Plan and Congressional legislation. Founded and contributes regularly to the Broadband Law Advisor
, a regular blog about the events related to the National Broadband Plan and the FCC’s “Third Way” approach to regulating Internet networks under Title II of the Communications Act.
Cable broadcast signal carriage disputes for cable operators and cable networks
Represented cable operators and cable networks in FCC complaint and rulemaking proceedings concerning must carry and retransmission consent rules.
Cable regulatory for major cable companies and small independent cable companies
Representation of major cable companies, as well as small independent cable companies, operating under the Communications Act, as amended by the 1984 and 1992 Cable Acts, and the 1996 Telecommunications Act. Read more
Cable reorganizations for cable MSO
Designed and executed the complex process for obtaining necessary regulatory consents to Chapter 11 reorganization of a major cable television operator involving the Federal Communications Commission, State Public Service Commissions, and more than 3,000 local and state cable franchises.
Cable services to PCs for cable MSOs, NCTA, CableLabs
Negotiation of the cable industry agreement with Microsoft to deliver cable services securely to PCs.
Citizens for Responsibility and Ethics in Washington v. U.S. Dep't. of Homeland Security
Represented National Security Archive as amicus curiae, on pro bono basis, in support of lawsuit brought under FOIA to compel Department of Homeland Security and Secret Service to publicly disclose records reflecting the identities of persons who visited the President and Vice President.
Corporate transaction for XO Interactive
Represented provider of interactive voice response and related services in negotiating services agreements with more than 100 purchasers.
C-Span v. FCC
Represented consortium of cable television networks, as amici curiae, in support of constitutional challenge to FCC leased access regulations.
DirecTV, Inc. v. Treesh, Commissioner of the Revenue
Represented Kentucky Cable & Telecommunications Association, as amicus curiae, in federal district court and court of appeals, in support of successful defense of constitutional challenge (under Commerce Clause) by DBS operators to Kentucky sales and excise tax equalization legislation.
Drafted comments on 'automatic roaming' for wireless carrier clients
Drafted comments on proposed Federal Communications Commission rules requiring 'automatic roaming' arrangements among technically compatible wireless carriers; successfully lobbied FCC to adopt client's position on automatic roaming.
FCC rulemaking proceedings for coalitions of cable television program networks
Regularly represents coalitions of cable television program networks in rulemaking proceedings before the FCC in opposing efforts to impose regulations that would undermine program networks' economic model and significantly restrict their distribution.
FCC rulemakings for communications companies
Represented communications companies in a number of FCC rulemakings including those relating to special access, intercarrier compensation, numbering, local number portability and telemarketing.
Federal and state regulatory representation of cable television and telecommunications providers
Successful representation of clients before the FCC and state regulatory agencies on matters related to outside plant and communications facilities deployment, particularly in the area of pole attachment rates, terms and conditions.
Franchise negotiations for TCI, AT&T Broadband, Charter Communications
Negotiated hundreds of franchise renewals for a variety of cable companies, including Seattle and King County, Wash., West Covina, Calif., Denver Metro Consortium, Colo., and West Palm Beach, Fla. The negotiations ended in favorable business arrangements and long-term franchise renewals for the companies.
Franchise review and transfer for Adelphia Communications and Charter Communications
Reviewed thousands of cable franchisees for Adelphia and Charter and determined whether local regulatory consent would be required for a variety of different transactions. A variety of complex information was summarized and entered in databases for the clients.
Franchise transfer project for Adelphia Communications
Represented Adelphia Communications in the sale of its cable systems out of Chapter 11 bankruptcy to Time Warner and Comcast Communications. Managed the team that handled the regulatory aspects of the transaction, including obtaining consent from more than 1,600 local municipalities.
Franchise University government relations training program for Charter Communications
Created the curriculum and materials and provided instruction for a national provider of broadband services' first training program for government relations employees. This three-day program has become the provider's premier annual training program. Developed additional curriculum and materials and provided instruction for subsequent Franchise University programs.
General regulatory compliance and evolving business operations for cable clients
Counsel cable clients on general regulatory compliance and evolving business operations. Particular focus on rates, consumer relations and competition. Have adjudicated dozens of rate-related cases at the FCC.
Grieco v. Woman's World Magazine
Represented magazine in successfully dismissing libel and invasion of privacy claims arising from use of stock house photo to illustrate article about divorce.
Hart Scott Rodino premerger clearances
Obtained numerous Hart Scott Rodino premerger clearances from the U.S. Department of Justice and Federal Trade Commission for acquisitions or mergers involving cable television companies, Internet access businesses, movie rental companies, and others.
Hatfill v. United States
Represented media amici in D.C. Circuit challenging contempt against former USA Today reporter for refusing to reveal confidential sources in Privacy Act case. (D.C. Cir.)
In re Pappas Telecasting, Inc.
Represented the Trustee in Bankruptcy as special communications counsel in the bankruptcy of Pappas Telecasting Companies, handling all regulatory representation of 25 television stations, assignment of stations' licenses, and other communications issues relating to the wind-up of the bankruptcy estate.
In the matter of Adelphia Communications Corp.
Represented Adelphia Communications Corp. in defense of a nationwide federal contract debarment action brought by U.S. Department of the Air Force and the U.S. General Services Administration, obtaining complete rescission of the debarment.
Intercarrier compensation dispute for three wireless providers
Represented three wireless providers in Southern District of California litigation arising out of an intercarrier compensation dispute; obtained dismissal of complaint.
Intercarrier compensation rules
Arguments in U.S. District Courts (Arizona, Washington, Oregon) on appeal from state administrative agency orders establishing intercarrier compensation rules to be applied as between Qwest Communications and various competitive local exchange carriers.
Interconnection agreement for landline and wireless competitive local exchange carrier
Handled negotiation and arbitration of interconnection agreement under the Telecommunications Act of 1996 for landline and wireless competitive local exchange carrier with incumbent local exchange carrier in Puerto Rico.
Interconnection arbitration for two wireless carriers
Represented two wireless carriers in an interconnection arbitration against 11 rural local exchange carriers before the California PUC; prevailed on all issues.
Interconnection strategy development for wireless carrier
Developed a strategy for a wireless carrier to address rural carrier demands for interconnection in more than 20 states.
Intrastate access charges litigation for competitive local exchange carrier
Successful litigation defending competitive local exchange carrier's intrastate access charges against claims from Sprint long distance that such charges were unreasonably high under state law.
iPCS v. Sprint
Represented third-party in case attempting to block merger, including discovery and injunction issues. Case settled.
James Cable Partners v. City of Jamestown, TN
Obtained federal and state court injunctions for cable television operator, enjoining municipality from operating competing cable system, and subsequent contempt order and attorney fee award against city for violation of prior injunction.
Knight v. E! Entertainment
Represented television network in copyright action alleging unauthorized use of a photograph.
Legal and regulatory implications of mobile content offerings for a major search engine
Advised a major search engine on legal and regulatory implications of its mobile content offerings.
Leiber, et al. v. Grokster, Ltd.
Represented a class of songwriters and music publishers in Grokster copyright infringement action against peer-to-peer file-sharing services. Plaintiffs obtained unanimous decision from the U.S. Supreme Court ruling that defendants could be held liable for inducing copyright infringement. (C.D. Cal., 9th Cir., U.S.)
Litigation for Bright House Networks
Successfully prosecuted claim (along with two co-plaintiffs) that Verizon Communications had violated FCC rules, and provisions of the Communications Act, limiting Verizon's ability to use, in order to market its own services, information it obtains from competitors as part of the process of transferring customers to those competitors.
Litigation for telecommunication providers
Administrative arbitration proceedings and appeals in federal courts around the country.
Liu Tai Ying v. Ying Chan
Successfully represented Chinese-American journalist in securing dismissal of criminal libel charges in landmark decision that recognized important protections for the press under Taiwan's constitution.
Love v. Kwitny
Defended publisher St. Martin's Press and author in defamation and copyright infringement suit arising from extensive use of plaintiff's unpublished manuscript in book on U.S. foreign policy. Secured summary judgment dismissing defamation claims. After trial on copyright claim, damages of less than $2,000 awarded and injunctive relief denied.
Miracle v. Holtzbrinck Publishers Holdings, LLC
Defended book publisher Farrar, Straus & Giroux and author Thomas Friedman in copyright infringement suit arising from use of plaintiff's artwork on cover of best-selling book, 'The World is Flat.' Case settled with licensing arrangement.
National technology platform for interactive television for cable MSOs, NCTA, CableLabs
Negotiation of the multi-industry contract and licensing for delivering interactive 'Tru2way' digital television through common middleware.
Network neutrality for cable MSOs
Engaged in a Federal Communications Commission rulemaking concerning 'network neutrality' rules for Internet service providers, including nondiscrimination obligations, limits on network management techniques, and disclosure requirements. Representing major cable television companies to help shape these complex regulations which affect network operations, the business relations between the 'edge' and core of the Internet, and innovation. Assisting MSOs with new net neutrality 'transparency' notices.
New media content distribution transactions*
On behalf of content owners, handled deals for and advised on distribution of video content and creation of branded channels on Internet platforms such as Hulu, Joost, and AOL Video.
Obtained 'eligible telecommunications carrier' status for wireless carrier
Helped obtain favorable legislation, then conducted administrative litigation under that legislation to obtain designation for wireless carrier as an 'eligible telecommunications carrier' in the United States Virgin Islands.
Outdoor Life Network and Speedvision Network v. Echo Star Communications
Represented cable television networks in lawsuit arising from DBS distributor's breach of networks' distribution contract, resulting in favorable settlement.
Oz Technology v. Maryland Public Television et al.
Obtained dismissal of false light/defamation case against Speedvision Network.
Plug-and-play' negotiations for the cable industry
Represented the cable industry in the two-way 'plug-and-play' negotiations between the cable industry and the consumer electronics and IT industries.
'Plug-and-play' regulations and technology licensing agreements for cable MSOs, NCTA, CableLabs
Facilitated the negotiations between the cable industry and the consumer electronics and IT industries, leading to the FCC's 'plug-and-play' regulations and technology licensing agreements with the consumer electronics industry. Handled rulemaking comments and ex partes leading to FCC revision of its 'CableCARD' bundling, and set-top output rules in 2010. Handled FCC Notice of Inquiry comments and ex partes concerning 'AllVid' proposal. Assisting MSOs with new CableCARD notices.
Plyman et al. v. Century Venture Corp.
Obtained dismissal for major cable television operator, Century Cable, of consumer class action alleging illegal collection of franchise fees and billing overcharges.
Pole attachment access for cable television and telecommunications providers
Successful representation of clients in their efforts to obtain affordable access to poles and conduit under federal and state law.
Pole attachment agreements and rates for cable television and telecommunications providers
Negotiating/enforcing just and reasonable pole attachment agreements and rates for cable, telecommunications and wireless clients.
Pole attachment rate rulemaking proceedings
On behalf of major cable television operators and state cable associations filed comments and reconsideration petitions before the FCC.
Private arbitration claim for cable operator-competitive local exchange carrier
Defended private arbitration claim brought by an incumbent local exchange carrier against a cable operator-competitive local exchange carrier regarding charges under the parties' interconnection agreements for use of network interface devices on customer premises.
Publishing transactions for Newsweek Budget Travel
Numerous publishing deals, including the production of the magazine's book, 'Secret Hotels.'
Re-regulation under the 1992 Cable Act for cable MSOs, NCTA
Part of the NCTA legal team to steer the industry through re-regulation under the 1992 Cable Act.
Rohn v. Cingular Wireless, LLC, et al.
Obtained dismissal for defendant wireless telephone carrier, Centennial de Puerto Rico, of class action alleging violation of federal number portability requirements.
Sarbanes-Oxley claims for telecommunications firm
Successfully negotiated resolution of whistleblower and Sarbanes-Oxley claims made by former controller of publicly traded technology company.
Scott v. Cingular*
Amicus representation of CTIA (the wireless industry association) before the Washington Supreme Court.
Set-top box waiver for cable operators
Obtained waivers for 10 cable operators from the FCC's ban on the deployment of integrated set-top boxes.
Shin Corp. v. Supinya Klangnarong
Led amici effort by international media lawyers that helped secure dismissal of criminal libel charges lodged against media advocate and Thai newspaper that had criticized company controlled by family of Thailand's prime minister.
State and federal regulatory for wireless companies, competitive local exchange carriers and long distance carriers
Obtained state and federal regulatory approval for multiple mergers and acquisitions of wireless companies, competitive local exchange carriers and long distance carriers.
State 'level-playing field' franchise law for state cable and telecommunications associations
Along with the Florida Cable Telecommunications Association team, negotiated and wrote the first state 'level-playing field' franchise law.
T.V. Signal Company of Aberdeen v. AT&T et al.
Represented cable television operator in successful antitrust litigation, obtaining judgment establishing Sherman Act liability against AT&T and its subsidiary Northwestern Bell based on essential facilities and bathtub conspiracy claims.
Telecommunication regulation for telecommunication providers
Represented the first nationally known VoIP provider in successful campaign to pre-empt state regulators from imposing state telecom regulation on the provider's VoIP service; Mike Sloan conceived and developed the strategy and drafted the petition that led to the FCC's definitive preemption ruling.
The Auto Channel v. Speedvision Network et al.
Obtained dismissal of all theft of concept and antitrust claims against defendant Speedvision Network.
The Local Church et al. v. Harvest House Publishers
Represented cable television network operator and publisher, Inspiration Networks, as amicus curiae, in support of publisher's successful First Amendment defense of defamation action brought against publisher for including discussion of plaintiff religious organization in book on religious cults.
Trademark representation for multiple clients in the publishing, media and entertainment industries including:
- Sesame Workshop
- Martha Stewart Living Omnimedia
- Wenner Media
- Crumbs Holdings
- Filmdistrict Holdings
Providing management and maintenance of domestic and foreign trademark portfolios including clearance, prosecution, licensing and claims/disputes. Brand management and strategy.
Representation of communications companies in negotiating and drafting fiber construction, indefeasible right to use, and capacity agreements.
United States v. Playboy Entertainment Group, Inc.
Lead counsel for Playboy Entertainment Group in a successful challenge to a provision of the Telecommunications Act of 1996 that restricted Playboy Television. This case established that cable television networks are fully protected by the First Amendment. (U.S.)
Wireless cellsites for wireless carrier
Developed and executed multifaceted strategy (lobbying, litigation, ordinance rewrite) for a wireless carrier to address a municipality's refusal to renew land use permits for existing wireless cellsites.
Xiu Xiu v. Rolling Stone
Represented magazine in right of publicity claim.
* Denotes experience completed at a prior firm