Laura R. Handman

Partner

Co-chair, Appellate Practice

After 40 years defending content publishers, I still love what I do, who I do it for, and who I do it with.

Representing content publishers—U.S. and foreign; digital, print and broadcast; and for-profit and nonprofit—Laura Handman draws upon her four decades of experience helping her clients bring to light newsworthy information and then defending them from complaint through appeal. Along the way, Laura has established many of the key precedents that have strengthened the protection for content – winning the first U.S. decisions to refuse to enforce foreign libel judgments, leading to passage of the SPEECH ACT; establishing the standard in New York for libel by implication; establishing a heightened standard before, the government can access records of a customer's expressive content purchases, establishing that internet rankings are opinion, defeating use of RICO in libel suits against advocacy groups and securing for satire protection from libel and right of publicity claims. Laura is on the executive committee of the Reporters Committee for Freedom of the Press. Laura is ranked Band 1 Nationwide in First Amendment Litigation and Band 1 in Media & Entertainment in Washington, D.C., in Chambers and was Law 360's MVP in Entertainment and Media (2016).

Practice Highlights

Recent libel cases

Won important unanimous choice of law decision in Montana Supreme Court, applying New York's absolute fair report privilege and obtaining dismissal of libel suit against the New York Post (March, 2024).

Defending Greenpeace in two nine-figure libel/civil RICO claims brought by the owner of the Dakota Access Pipeline currently heading to trial in Morton County, ND; and the other brought by the largest logging company in Canada; summary judgment granted and over $600,000 in fees (N.D. Cal. 2023), (settled); obtained 7-0 decision from the Montana Supreme Court applying New York fair report privilege to libel claim by Montana resident against the New York Post. (2024); obtained affirmance by the 4th Circuit of dismissal of libel claim rejecting respondeat superior liability of MSNBC for a tweet of contributor on his personal account (2021); obtained first application of newly amended California retraction statute to apply to publications by an advocacy group (People for the Ethical Treatment of Animals) to dismiss libel claim by an elephant hunter (Cal. Super. 2021); obtained an interlocutory appeal and reversal dismissing libel claim against Bloomberg Law with a ringing endorsement of actual malice by Justice Kavanaugh, then on the D.C. Circuit (2017); defeated libel suit, affirmed by the D.C. Circuit, against Pulitzer Prize-winner Jim Risen and his book publisher for calling plaintiff's antiterrorism software a "hoax" (2017); obtained dismissal of libel claim for a tweet accusing plaintiff of making a white-power gesture (2018).

Obtaining and preventing access

Obtained FOIA documents resulting in Pulitzer Prize winning article by Caitlin Dickerson with The Atlantic. Overturned a 34-year-old injunction preventing disclosure by the Department of Health and Human Services under the Freedom of Information Act of what doctors receive from Medicare, leading to the Pulitzer Prize for The Wall Street Journal (2014); established application of New York Shield Law to niche subscription-only online publications (2017); responding to search warrant for recordings of communications with Alexa on Amazon's Echo devices (2017-18); quashing subpoena for reporter's testimony regarding a sexual assault claim (2024) interview with Jeffrey Epstein's victim (2016); amicus in D.C. Circuit decision recognizing common law right of access to warrants for stored communications and wiretaps (2020).

Copyright

Obtained dismissal affirmed by the Second Circuit of copyright claim against Ta-Nehisi Coates, The Atlantic, Penguin Random House, et al. (2023). Obtained dismissal of a copyright claim against Chelsea Clinton and Penguin Random House for her best-selling children's book, "She Persisted" (2018).

Recent Representative Experience

Goguen v. N.Y.P. Holding, et al.

Successfully defended The New York Post in a libel action brought by a tech billionaire in Flathead District of Montana on appeal to Montana Supreme Court from an order granting a motion to dismiss as to one statement but denying reports of litigation, certified questions whether New York's absolute fair report privilege applies and whether Montana's qualified fair report privilege requires reporters to investigate allegations in complaint before reporting, unanimous 7 justice opinion applying New York fair report privileges and dismissing the case (CITE). (Montana Supreme Court March 2024)

Reed v. Ryan, et al.

Successfully defended Hachette Book Group, author Shane Ryan, and NYP Holdings (publisher of the New York Post) in libel action brought by professional golfer Patrick Reed, arising out of statements in book and corresponding news article about Reed's collegiate and professional career. Obtained dismissal of the case on various grounds including that the statements were substantially true, constituted non-actionable opinion, and Reed failed to plead the statements were made with actual malice. 2023 WL 6292578 (M.D. Fla. Sept. 27, 2023); appeal pending (11th Cir.)

Baker v. Coates

Obtained dismissal with prejudice claims of copyright infringement against Ta-Nahesi Coates, Penguin Random House, The Atlantic, et al. (SDNY July 2023); appeal pending (2d Cir.)

Resolute Forest Products, Inc. et al. v. Greenpeace International, et al.

Representing Greenpeace in defamation and RICO action brought by forestry company arising from Greenpeace's speech about the impact of company's activities on the environment. Successfully transferred case from Georgia to California; motion to dismiss and to strike under anti-SLAPP statute granted; renewed motions after amendment granted as to RICO and all but 2 of the 296 alleged defamatory statements. 2019 WL 281370 (N.D. Cal. Jan. 22, 2019), and awarded over $600,000 in SLAPP fees (2020 WL 8877818 (N.D. Cal. Apr. 22, 2020)). Summary judgment granted on defamation claims as to the two remaining statements. Resolute Forest Prods., Inc. v. Greenpeace Int'l, No. 17-cv-02824-JST, 2023 WL 3568077 (N.D. Cal. Apr. 21, 2023); settled on appeal (9th Cir. 2024)

Energy Transfer Partners et al. v. Greenpeace Int'l, et al.

Defending Greenpeace's environmental advocacy in action brought by owner of Dakota Access Pipeline alleging that environmental groups are a global conspiracy under the RICO statute arising out of pending pipeline protests Motion to dismiss RICO claim granted. (D.N.D. 2019) Defamation and property tort claims refiled in Morton County, N.D. seeking $300 million arising out of the Standing Rock protests; trial scheduled for February, 2025. (State of North Dakota, Morton County, South Central Judicial District) (Ongoing)

Libel

Farah v. Esquire Magazine

Involved in defense of libel claim for a satirical blog post about the book "Where’s the Birth Certificate?"; obtained first federal dismissal under new D.C. Anti-SLAPP Act and Rule 12(b)(6) for "satirical commentary." 863 F. Supp. 2d 29 (D.D.C. 2012). The D.C. Circuit affirmed dismissal under Rule 12(b)(6), holding that the blog post was satire protected by the First Amendment, that an update to the blog and the author’s comments were protected opinion, and that the Lanham Act did not apply to the blog post, establishing in the D.C. Circuit that the Lanham Act applies only to commercial speech. 736 F.3d 528 (D.C. Cir. 2013)

Seaton v. TripAdvisor

Obtained affirmance of dismissal of libel suit against TripAdvisor arising out of online ranking of the "Dirtiest Hotels" in America holding that ranking, based on data compiled from user reviews, is subjective opinion. 728 F.3d 592 (6th Cir. 2013)

O'Keefe v. WDC Media

Obtained dismissal of libel claim brought by conservative videographer and Project Veritas founder James O'Keefe against the website Main Justice over a reference to prior incidents that resulted in misdemeanor convictions against O'Keefe and his associates for entering a senator's offices under false pretenses. 2015 WL 1472410 (D.N.J. 2015)

Boley v. Atlantic Monthly Group and Jeffrey Goldberg

Obtained dismissal under D.C. Anti-SLAPP Act dismissing defamation claim against the Atlantic and its award-winning journalist arising from online articles reporting that plaintiff was a Liberian "warlord," whose organization "recruited and armed child soldiers, fed them drugs, and ordered them to rape and kill." No. 13-cv-89, 950 F. Supp. 2d 249. (D.D.C. 2013)

Brennerman v. Times Newspapers Limited

Defended publisher of The Sunday Times (U.K.) in a libel suit brought by a British-American real estate entrepreneur mentioned in an article about the use of offshore shell companies and charity-fronted trust structures, drawing on the trove of documents about offshore accounts that were leaked to the International Consortium of Investigative Journalists (ICIJ) in 2013. (D. Del. 2014) (Voluntarily Dismissed after Motion to Dismiss filed)

Foreign Libel Cases

Matusevitch v. Telnikoff

Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy; 702 A.2d 230 (Md. 1997); 159 F.3d 636 (D.C. Cir. 1998)

Bachchan v. India Abroad

Established first precedents in federal and state courts refusing to enforce British libel judgments as repugnant to U.S. public policy. 154 Misc.2d 228, 585 N.Y.S.2d 661 (N.Y. Sup. Ct. 1992)

In re application of Associated Newspapers Ltd. to issue subpoena for the taking of a deposition and the production of documents for use in a foreign proceeding

Secured court order granting foreign newspaper's application pursuant to 28 U.S.C. §1782 to obtain evidence for use in a foreign libel proceeding. (S.D.N.Y. 2011)

Gutnick v. Dow Jones & Co.

Served as expert witness on U.S. libel law for defendant. (Melbourne, Australia Common Law Division)

Alexander Vassiliev v. Amazon.com, Inc.

Expert on U.S. libel law for Amazon. (High Court of Justice, Queen's Bench Division, England)

Right of Publicity and Misappropriation

Peppe v. Random House

Defended commercial misappropriation claims brought by former CIA agent. No. CL 10003938 (Alexandria (Va.) Cir. Ct. 2010)

O'Grady v. Discovery Communications and 20th Century Fox

Represented Discovery in claims of false advertising and commercial misappropriation arising out of a promotional tie-in. 2003 WL 24174616 (E.D. Tex. 2003) (granting partial summary judgment for defendants)

Hampton v. Guare

Successfully defended author, movie studio and publisher in commercial misappropriation claim arising from dramatization of plaintiff's exploits in the satiric play "Six Degrees of Separation." Established that satire and fiction do not constitute advertising or trade. 600 N.Y.S.2d 57 (N.Y. App. Div. 1st Dept. 1993)

Finger v. Omni Publications International Ltd.

Successfully defended magazine for stock use of photo of family to illustrate story on in vitro fertilization. New York's highest court affirmed dismissal of commercial misappropriation claim, establishing editorial deference to choice of how to illustrate newsworthy material. 77 N.Y.2d 138, 564 N.Y.S.2d 1014 (1990)

Privacy

Spokeo, Inc. v. Thomas Robins

Submitted amicus brief on behalf of a group of eight media amici urging the U.S. Supreme Court to overturn the 9th Circuit's ruling allowing a class action alleging violations of the Fair Credit Reporting Act to go forward without any allegation of an "injury in fact" for standing under Article III of the U.S. Constitution, and highlighting the damage to media companies caused by class actions where plaintiffs leverage technical violations of privacy statutes to threaten enormous statutory damages, severely impacting those companies' business models, and chilling speech. (U.S. 2015)

Reporters' Privilege

Adelson v. Jacobs

Represented Wall Street Journal and its reporter against third-party discovery sought by Sheldon Adelson, the multi-billionaire casino magnate, in a Florida defamation lawsuit against a former employee. Quashed third-party subpoena in New York on the grounds that the information is protected by the reporter's privilege. (N.Y. Sup. Ct. 2013)

Amazon.com v. Kenneth Lay, Secretary, North Carolina's Department of Revenue

Obtained declaratory judgment that North Carolina's request for information about customers' choices of expressive material violates the First Amendment and the Video Privacy Protection Act. 758 F. Supp. 2d 1154 (W. D. Wash. 2010)

In re Grand Jury

Quashed grand jury subpoena to newspaper for IP addresses of anonymous bloggers. (N.Y. Sup. Ct. 2010)

In re Grand Jury Subpoena To Amazon.com dated August 7, 2006

Successfully represented online bookseller in asserting First Amendment rights and opposing grand jury subpoena seeking records of customer purchases of expressive material. 246 F.R.D. 570 (W.D. Wis. 2007)

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)

Constitutional Torts

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)

Prior Restraints

Bank Julius Baer v. Wikileaks.org

Successfully represented national media coalition to successfully oppose and vacate a prior restraint order issued by a federal court in San Francisco against Wikileaks.org after confidential Swiss banking records were posted to this whistleblower website. 535 F. Supp. 2d 980 (N.D. Cal. 2008)

ConnectU, Inc. v. Facebook, Inc.

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)

Procter & Gamble v. McGraw-Hill

Sixth Circuit reversed prior restraint against publication of sealed court record. 78 F.3d 219 (6th Cir. 1996)

Freedom of Information Act and Access to Public Records & Proceedings

Caitlin Dickerson

Assisted in successful FOIA litigation with the U.S. Customs and Border Protection securing release of documents critical to the 2022 Pulitzer Prize cover story in The Atlantic by Caitlin Dickerson about the Trump Administration policy to separate migrant children from their families. (SDNY 2022)

Application by the New York Post for an order unsealing grand jury materials in the matter of the investigation into the death of Eric Garner

Represented the New York Post in its application for an order unsealing grand-jury records that investigated the death of Eric Garner after he was taken into police custody on Staten Island, New York. (N.Y. Sup. Ct. Richmond Cnty. 2015)

Florida Medical Association, Inc. v. Department of Health, Education and Welfare

On behalf of Dow Jones, the publisher of The Wall Street Journal, obtained order vacating a 34-year-old injunction obtained by the American Medical Association in 1979, that blocked public access to records of payments doctors receive under Medicare. 947 F. Supp. 2d 1325 (M.D. Fla. 2013) In 2014, after comments submitted on behalf of Dow Jones, HHS released the database of Medicare provider reimbursements, leading to ground-breaking articles across the country. (2014)

The Chronicle v. The Orange County, New York Board of Ethics

Won New York Freedom of Information Law ("FOIL") appeal on behalf of local newspaper declaring that the Orange County Ethics Law prohibiting photographing and photocopying of public officials' financial disclosure forms was unenforceable under FOIL. (2014)

National Business Aviation Ass'n v. FAA

Defeated on behalf of Pro Publica a reverse FOIA claim seeking to prevent the FAA from releasing information about private plane owners who have blocked public release of flight plans. 686 F. Supp. 2d 80 (D.D.C. 2010)

Copyright and Theft of Ideas

NYP Holdings, Inc. v. New York Post Publishing Inc., et al.

Representing NYP Holdings, the publisher of the New York Post, in trademark infringement and unfair competition action. On November 17, 2014, Judge Marrero of the District Court for the Southern District of New York issued a decision regarding a preliminary injunction he had granted on October 31, 2014 in favor of NYP Holdings and the Post. Judge Marrero found that defendant Steven Hoffenberg's use of the website "www.newyorkpostpublishinginc.com" to publish news content, and his plan to distribute a free newspaper using the name "New York Post Publishing, Inc.," were likely to confuse consumers and to harm NYP Holdings' name and reputation. (S.D.N.Y. 2014)

Kimberley v. Penguin Random House, et al.

Successfully defended Chelsea Clinton and publisher in copyright infringement suit arising out of best-selling children's book "She Persisted: 13 Women Who Changed the World." Court dismissed the action with prejudice for lack of substantial similarity between the works, holding that plaintiff's references to historical figures were not copyrightable; 2018 WL 1918614 (S.D.N.Y. 2018)

Sunset Concepts v. Discovery Communications

Defended Discovery in theft of ideas suit relating to creation of OWN, the Oprah Winfrey Network, and its programming. Case dismissed. (S.D. Fla. 2014)

DMBJ v. TMZ

Obtained dismissal of copyright infringement claim by paparazzo for use of celebrity clip. No. 08 Civ. 6160. 2009 WL 2474190 (S.D.N.Y. 2009)

Col. Adams v. Discovery Communications, LLC, et al.

2nd Circuit affirmed dismissal of copyright infringement claim arising out of the movie "Polar Express" and cable program "Extreme Engineering." 289 F. App'x 456 (2d Cir. 2008)

Commercial Speech

The Humane Society of the United States v. Amazon.com, et al.

Defended Amazon.com in a lawsuit brought by the Humane Society of the United States regarding sale of subscriptions to cockfighting magazines. 2007 WL 1297170 (D.D.C. 2007)

Admitted to Practice

U.S. Supreme Court
New York
District of Columbia
Massachusetts
U.S. Court of Appeals, 1st Circuit
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 6th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, District of Maryland
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of Columbia

Education

J.D., Boston University School of Law, 1977, magna cum laude
B.A., Yale University, 1973, cum laude

Memberships & Affiliations

- Executive Committee – Reporters Committee for Freedom of the Press
- Board of Overseers, Columbia Journalism Review
- Co-Chair, Bench Bar Media Dialogue, Council for Court Excellence
- Testimony, House Judiciary Committee, Maryland General Assembly – Testified on behalf of MD/DE/DC Press Association and the Washington Post against bill to establish statutory and descendible right of publicity in Maryland, February 2013
- Testimony, Hearing on Libel Tourism (libel suits brought against U.S.-based defendants in foreign countries) and HR 6146 (related amendment to federal judicial code), Subcommittee on Commercial and Administrative Law of the House Judiciary Committee, February 2009
- Advisory Board, Digital Media Law Project, Online Media Legal Network, Berkman Center for Internet & Society, Harvard Law School
- Co-Taught "Journalism, Law & Society," Columbia Journalism School, Summer 2011
- Co-chair, Dialogue Project: Conversations with Bench, Bar and Press, Council for Court Excellence, 2010–present
- Co-chair, Project Committee, "Journalists' Handbook to the Courts in the District of Columbia," published by the Council for Court Excellence, 2009
- Executive Committee, Council for Court Excellence, 2010-2020
- Founder and past Chair, Media Law Committee, Arts, Entertainment and Sports Law Section, District of Columbia Bar
- Past Chair, Communications and Media Law Committee, Association of the Bar of the City of New York
- Past President, Defense Counsel Section, Libel Defense Resource Center

Professional Recognition

- Named one of "America's Leading Lawyers for Business" by Chambers USA in First Amendment Litigation (Nationwide), 2007-2009, 2011-2025; Received "Band 1" ranking, 2012-2025; in Media & Entertainment (D.C.), 2005-2018, 2020-2025; Received "Band 1" ranking, 2019-2025; Named a "Star Individual" for Media & Entertainment (D.C.), 2016-2018
- Selected as New York City's "Lawyer of the Year" by Best Lawyers in Litigation - First Amendment, 2017, 2020, 2024; in Media Law, 2025
- Selected as Washington, D.C.'s "Lawyer of the Year" by Best Lawyers in Litigation - First Amendment, 2014-2017, 2020; in First Amendment Law, 2015; in Media Law, 2015
- Named one of the "Best Lawyers in America" by Best Lawyers in First Amendment Law, 1997-present; named in Media Law, 2009-present; named in Litigation - First Amendment, 2011-present
- Selected to "Washington, D.C. Super Lawyers" by Thomson Reuters in Appellate, Media/Advertising, and Intellectual Property, 2007-2025; in Top 50 Women, 2007-2008, 2010, 2015, 2017-2018, 2020-2021
- Named as one of "500 Leading Global Entertainment, Sports & Media Lawyers" by Lawdragon, 2025
- Named to the "Top Lawyers Hall of Fame" by Washingtonian Magazine, 2022
- Named to "Capital Pro Bono Honor Roll" by the D.C. Court of Appeals and the D.C. Superior Court, 2020, 2024; High Honors, 2022-2023
- Named "MVP of the Year" by Law360, 2016
- Named one of, "Washington, D.C. & Baltimore's Top Rated Lawyers" by The National Law Journal, 2013
- Selected to "New York Super Lawyers" in First Amendment/Media/Advertising, Thomson Reuters, 2006-2024
- Named one of "Washington's Top Lawyers" in First Amendment law, 2009-2013, 2022; by Washingtonian Magazine
- Received the 2007 International PEN First Amendment Award from PEN USA, the West Coast center for the worldwide writers' organization
- Recognized in the area of First Amendment Litigation in "The New York Area's Best Lawyers" list published by American Lawyer Media, 2005
- Received the John M. Davis Award for Legal Expertise, Davis Wright Tremaine, 2013

Background

- Former Assistant U.S. Attorney, E.D.N.Y.
- Law Clerk to Chief Judge Raymond J. Pettine, D.R.I.
- Associate & Partner, Coudert Brothers
- Appointed special federal master by S.D.N.Y. judge responsible for reviewing all advertising and promotion of company subject to civil mail fraud action