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Duane A. Bosworth

BosworthDuane
Partner
T503.778.5224
F503.778.5299
Duane Bosworth has more than 30 years of litigation experience representing television and radio broadcasters, cable companies, motion picture producers and distributors, newspapers and magazines, book authors and publishers, internet companies, and web publishers, both at the trial and appellate levels of federal and state courts. His practice encompasses all areas of content, media, and entertainment litigation, including defamation, privacy, access, prior restraint, reporter's shield laws, copyright law, Lanham Act claims, and internet law.

Practice Highlights
  • Has appeared numerous times before the Oregon Supreme Court and the Oregon Court of Appeals, and before the 9th Circuit Court of Appeals.
  • Regularly represents media outlets in access to records, public meetings, and judicial proceedings including in the Oregon Supreme Court; in media shield law matters; and in defending against tort claims
  • Recipient of the Oregon State Bar’s award for pro bono services regarding access to public records and public access meetings.
  • Has extensive anti-SLAPP litigation experience in trial courts and on appeal. Teaches annual statewide anti-SLAPP seminars.
  • National clients represented, among others: NBC; Penguin Random House; Simon & Schuster; HarperCollins; TripAdvisor; Playboy; CBS ("60 Minutes" and "48 Hours"); Gannett; Sony Pictures; Meredith Corporation; Clear Channel Communications; Time, Inc.; Warner Music Group; Comcast; The Associated Press, and the Weinstein Company. Northwest clients, among others: The Oregonian, (the Northwest’s largest newspaper); six television stations; Bent Image Labs; Oregon Public Broadcasting; and the Western Communications chain of Oregon and California newspapers.

Representative Experience

Adams v. Sussex Publishers

Defending Psychology Today publication against defamation claim. (Ongoing)

City of Portland v. Bartlett

Representing defendant in obtaining public records from city. (Or. App. Ongoing)

Oregon Health and Sciences University v. The Oregonian

Successfully representing the Northwest’s largest newspaper at trial in public records litigation and obtained significant attorney fees. Argued in the state of Court of Appeals and state Supreme Court. (Ongoing)

Leif’s v. Better Business Bureau, Inc, et al

Successfully used anti-SLAPP motion to defeat multimillion dollar defamation claim early. Obtained attorney fee award in excess of $120,000. (2017)

Milstein v. Meredith Corporation*

Successfully used anti-SLAPP motion in a defamation claim against television station. Attorney fee award pending. (2017)

United States v. Bundy, et al.

Represented Oregon Public Broadcasting in successfully quashing Attorney General Sessions’ first subpoena to a journalist. (2017)

Comcast v. City of Eugene

Represented Comcast at trial and successfully in the Oregon Court of Appeals and in the Oregon Supreme Court. 211 Or. App. 573, 155 P.3d 99, affirmed at 346 Or. 238,209 P.3d 800, regarding municipal fees. Matter resolved with payment to Comcast. (2016) 

Consumer Cellular, Incorporated v. ConsumerAffairs.com, Inc.

Represented defendants against unlawful trade practice, intentional interference with prospective economic relationships, defamation, and RICO claims, arising out of content on defendants’ consumer review website. (D. Or. 2016)

Oregon Public Broadcasting v. Portland Public Schools

Represented Oregon Public Broadcasting in its suit against school district, regarding failure to comply with public meetings laws. Matter resolved after trial with change in district procedures. (2016)

LaHodny v. CBS News and 48 Hours

Successfully defended CBS News and 48 Hours against defamation and privacy claims arising out of criminal investigation. (2015)

Mullen v. KPTV

Represented Meredith Corporation and reporter in an invasion of privacy claim, at trial and successfully in the Oregon Court of Appeals, where issues of the scope of Oregon’s anti-SLAPP statute were decided. (2015)

Penguin Random House v. American Buddha

Obtained summary judgment for Penguin Random House in its copyright infringement claims against a nonprofit placing publisher’s works online and claiming fair use because of transformative searchability. (D. Ariz. 2015)

Bent Image Lab v. Refuge VFX LLC

Represented plaintiff in claims of breach of fiduciary duty and misappropriation, concerning images used in television series "Grimm" and others. Matter successfully resolved. (Multnomah Cnty. (Or.) Cir. Ct. 2014)

Expunged Records, LLC v. Warner Bros. Records, Inc.

Defeated motions for injunctive relief sought against Warner, arising out of rights in recording artists and copyright matters. (2014)

Karboau v. KGW-TV

Successfully brought anti-SLAPP action defeating libel claim against Tegna station arising out of broadcast concerning allegations of criminal matters. (2014)

Lincoln City Lodging Limited Partnership I v. John/Jane Doe, dba TripAdvisor User “12Kelly”

In a precedent-setting matter, successfully used Oregon’s media shield law to quash subpoena seeking the identity of an anonymous reviewer. (2014)

Noonan v. Bridges Produce

Represented organic food distributor in defending defamation claim, filing an anti-SLAPP motion and obtaining an immediate settlement. (2014)

Snook v. Stars Cabaret

Filed anti-SLAPP motion and obtained dismissal of multiple claims, including false arrest. Obtained substantial fee award. (2014)

Christenson v. FLTI, et al.

Successfully defended publisher, Campus Crusade for Christ, in copyright action against claims of substantial similarity infringement. (D. Or. 2013)

Imel v. Imel

Successfully represented newspaper chain at trial and in state Supreme Court mandamus proceeding, concerning newspaper public notices. (2013)

Cawley-Herrmann v. Meredith Corporation

Successfully represented Meredith Corp., owner of KPTV in Portland, Ore., in motion to dismiss and subsequent motion for reconsideration in a lawsuit brought by plaintiff alleging a new theory of invasion of privacy through the publicity of her identity as the subject of allegedly false and unsubstantiated allegations. 654 F.Supp.2d 1264 (W.D. Wash. 2009)

Oregon Health & Science University v. The Oregonian

Obtained summary judgment for media client in public records litigation. (Or. App. 2008)

Duboff v. Playboy Enterprises International, Inc. et al.

Defended client in federal court against defamation and invasion of privacy claims. (D. Or. 2007)

Johnson v. HarperCollins Publishers, LLC

Obtained dismissal of right of publicity/misappropriation claims in federal district court and affirmance on appeal to the 9th Circuit. (9th Cir. 2007)

Juvrud v. Meredith Corp.

Defended defamation claim brought against a television station arising out of a news broadcast. (2007)

Liysa Northon, et al. v. Ann Rule, et al.

Defense of defamation and false light claims in federal court. (2007)

Gardner v. Clear Channel Communications

Obtained dismissal of defamation and invasion of privacy claims. (2006)

I.C. Marketing, et al. v. The Taunton Press

Obtained summary judgment on behalf of Taunton in litigation regarding magazine subscriptions and distribution. (2006)

Spread v. The Weinstein Company; J.C. Penney Co.; Anchor Bay Entertainment; and Marchesa Holdings

Represented all defendants regarding copyright infringement claims arising out of music attached to distribution of "Silver Linings Playbook." Matter resolved after defendants’ successful motions. (D. Or.)
* Denotes experience completed at a prior firm

Professional & Community Activities

  • Elected Member, American Bar Foundation
  • Member (over 20 years), Past President – Oregon Bar Press Broadcasters Council
  • Member, Multnomah Bar Diversity and Inclusion Committee
  • Director, Lines for Life
  • Director, Open Oregon, Foundation for Government Transparency
  • Past Chair, University of Oregon Law School Board of Visitors
  • Past Chair, Diversity Task Force, Oregon State Bar Association 
  • Past President, Understanding Racism Foundation
  • Past Chair, Urban League
  • Past Director, Portland Art Museum