Experience List
DWT
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Radio & Television Broadcast

ABC, Inc. v. FCC

Counsel for intervenor CBS, Inc., in challenge to FCC indecency finding against 'NYPD Blue.' (Supreme Court) No. 08-0841 (filed Feb. 21, 2008) (2d Cir. Ongoing)

Children's advertising counsel

Advises multiple media clients on rules governing children's advertising. (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)

FCC representation

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)

Granada Entertainment USA

Provide regular pre-broadcast review of multiple reality television programs. (Ongoing)

New media counsel for Journal Communications

Acts as new media transactional counsel for Journal Communications and its publishing and broadcast media entities. Has handled wide range of deals involving and advised on distribution of content via e-readers and online media, Internet video exploitation, licensing of content for publication’s mobile apps, Internet advertising platforms, cloud computing, and online behavioral advertising.

Ongoing representation of television station and website for local broadcaster

Ongoing representation of television station and news Web site including pre-broadcast review and defense of defamation and privacy claims. (Ongoing)

Political advertising

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

Provide pre-broadcast counseling and production legal services for television networks and production companies, documentarians and others, including Comedy Central, Showtime, ITV America, Adult Swim, truTV, HBO, Lionsgate, FishBowl, Magical Elves, Titmouse, Starburns, Abso Lutely, and Disarming Films. Work on projects including, "South Park," "Tosh.0," "Californication," "House of Lies," "Dexter," "Kitchen Nightmares," "Car Chasers," "Cold Justice," "China, IL," "Nathan for You," "Review with Forrest MacNeil," "Rick and Morty," "Metalocalypse," "Black Dynamite," "Upload with Shaquille O'Neal," "West of Memphis," and "Unlawful Killing." (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 MTV, Comedy Central, ITV, and 50/50 Productions. Work on projects including "Workaholics," "Nikki and Sara Live," "The First 48," "After the First 48," "Ten On Top," "Evil, I," "Scorned," "BR-5," "Bunk," and, "Tracy Morgan: Bona Fide." (Ongoing)

Pre-broadcast review and counseling for ITV Studios, Inc.

Provide regular pre-broadcast review and counseling for reality television programs (including police ride-along shows), talk shows and other television programming. (Ongoing)

Prepublication and prebroadcast counseling

Provides advice for television programs, newspaper and magazine articles, books, and websites, including for The Atlantic Monthly, ProPublica, Discovery Channel, TLC, Animal Planet, Travel Channel, Fusion, CCTV, The Wall Street Journal, New York Post, Straus Newspapers, Center for American Progress, Think Progress, Campus Progress, Us Weekly, Life & Style, and In Touch, and MTV books. (Ongoing)

Production counsel

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)

Transactional negotiations

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)

CBS Corp. v. FCC

Represents 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)

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) 

Talamaivao vs. A&E Television Network

Representation of television network in defense of claims for false light and invasion of privacy in connection with broadcast. Prevailed on motion to dismiss. (2012)

Advice to State Broadcasters’ Association

Advised a state television broadcasters’ association on copyright and trademark issues related to news aggregation website that was linking to and “framing” broadcasters’ content on its website. Averted litigation by negotiating business solution satisfactory to all parties. (2011)

Townsquare Media, LLC – New Northwest Broadcasters, LLC Receivership

Represented potential purchaser of radio station assets in obtaining approval of sale with court overseeing receivership. (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)

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)

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)

CACI International v. Randi Rhodes and Piquant, LLC (Air America Radio)

Secured summary judgment dismissing libel suit which alleged that, on her radio program, Rhodes falsely stated that CACI interrogators were responsible for rape, murder and torture at Abu Ghraib prison. Affirming summary judgment, the 4th Circuit Court of Appeals held that statements were either not made with actual malice, based on findings of military investigations and news accounts, or were nonactionable hyperbole. 536 F.3d 280 (E.D. Va. 2008) Read more

Parmelee v. O'Neel

Represented ACLU as amicus curiae in successful argument that state criminal libel statute is unconstitutional. 186 P.3d 1094, 145 Wash. App. 223 (2008)

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)

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)

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)

Webcasting and Internet radio royalties disputes for small commercial webcasters

Representation of the small commercial webcasters in administrative litigation before the Copyright Royalty Board in Internet Radio royalty rate-setting proceeding. (2007)

Gardner v. Clear Channel Communications

Obtained dismissal of defamation and invasion of privacy claims. (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)

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)

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)

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)

Syndicated Communications Venture Partners III v. Diamond Radio

Represented venture capital client in actions in Maryland and California courts in complex contracts case to enforce clients' rights as creditors, force the sale of a radio station, and obtain recovery of amounts due under certain stock and warrant rights. Obtained judgments enforcing clients' rights and allowing full recovery. (2004)

Viacom Outdoor, Inc. v. Clallam County (Wash.)

Represented client in successful challenge to county sign ordinance. WL 21781131 (W.D. Wash. 2003)

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)

Entertainment transactions

Works with cable companies, webcasters, broadcasters, and other users of music on licensing issues and negotiations. Advises media companies on talent agreements and appearances, and assists facilities on transactions related to event production and corporate sponsorships.
* Denotes experience completed at a prior firm