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Desktop Image: Abigail Everdell
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Abigail Everdell

Counsel

T 212.603.6468 New York
Content carries risk, but it doesn't have to be a gamble. I can help shine a light on where risks lie, and will passionately defend your right to take them.
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Abigail Everdell counsels and defends clients in a wide range of media, intellectual property and First Amendment matters. In counseling, Abigail provides clients a clear picture of legal and practical risks, and how to navigate them. She has extensive experience providing pre-publication review for newspapers and websites, documentary films and series, scripted content, podcasts, and books for a broad array of clients including The New York Post, The Wall Street Journal, The Trace, The Messenger, Global Witness, Vice, and Buzzfeed. In litigation, Abigail draws from her extensive experience in both state and federal courts, providing vigorous and strategically minded representation to clients in high-visibility matters involving defamation, copyright, privacy law, anti-SLAPP, reporter's privilege, advertising, and access, as well as in her media clients' general commercial and contractual disputes.

Abigail also regularly advises tech and other non-traditional-media organizations on content and speech policies, Section 230, and the rapidly changing landscape of social media content legislation. In 2021, she spent six months seconded to Meta as product counsel for news.

Abigail has authored amicus briefs for the Supreme Court and Federal Appeals Courts concerning the broader free speech and press freedom implications of federal laws, doctrines, and executive orders. She serves on the associate board of Volunteer Lawyers for the Arts. Abigail worked in music journalism prior to pursuing a legal career.

Practice Highlights

Copyright defense

Defended an author and her publisher against claims from the author's ex-boyfriend that her debut novel infringed his unpublished screenplay. In the face of outrageous and threatening conduct by plaintiff and his counsel, obtained dismissal with prejudice of all copyright claims.

Libel defense

Regularly secures pre-discovery dismissal of defamation (and defamation-in-disguise) claims brought by plaintiffs with outsized resources and a passion for chilling speech.

Pre-publication counseling

In addition to advising news publishers, counsels film and series production clients creating high-risk content, providing guidance from the earliest stages through delivery and distribution.

Marano v. Metropolitan Museum of Art

Successfully defended Metropolitan Museum of Art in fair use case involving use of photograph in an online exhibition catalogue. The 2nd Circuit affirmed the district court decision granting motion to dismiss in an important decision on museum fair use rights. (2d Cir. 2021)

CoreCivic, Inc. v. Candide Group LLC and Morgan Simon

Secured dismissal of defendants in libel action brought by one of the nation's largest private prison owners arising from statements published on Forbes.com advocating against the use of private prisons to house immigrants detailed by the United States. (N.D. Cal. 2020)

Rajaratnam v. Motley Rice

Successfully secured pre-answer dismissal of civil RICO and libel claims brought by Raj Rajaratnam (who was convicted in one of the biggest insider trading case in U.S. history) against the law firm overseeing a class action against him for allegedly funding terrorism in Sri Lanka. (E.D.N.Y. 2020)

Miller v. Gizmodo Media Group LLC et al.

Won a motion for summary judgment on behalf of Gizmodo Media Group in a $100 million defamation suit brought by Jason Miller, a former senior adviser to President-elect Trump. On August 27, Judge Cecilia M. Altonaga of the Southern District of Florida found that publication, on the Gizmodo website Splinter, of the article that gave rise to the suit was protected by New York's fair report privilege. It was a particularly important ruling, as the plaintiff had claimed that the court filing described in the story was under seal. (S.D. Fla. 2019)

Elias v. Rolling Stone LLC, et al.

Defended Rolling Stone and author Sabrina Rubin Erdely in libel suit brought by three fraternity brothers against Rolling Stone and author Sabrina Rubin Erdely arising out of article "A Rape on Campus." Amicably settled. (S.D.N.Y. 2017)
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Admitted to Practice

  • New York, 2015
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 11th Circuit

Education

  • J.D., Columbia Law School, 2014
    • Harlan Fiske Stone Scholar
    • Editor-in-Chief, Columbia Journal of Law and Arts
    • Michael D. Remer Memorial Award for Aptitude in Arts and Copyright Law, 2014
  • B.A., Comparative Literature, New York University, 2007, magna cum laude

Languages

  • French

Memberships & Affiliations

    • Associate Board Member, Volunteer Lawyers for the Arts, 2016-present

Professional Recognition

    • Named "One to Watch" by Best Lawyers in Entertainment and Sports Law, 2024-2025; in Intellectual Property Law, 2025
    • Selected to "New York Rising Stars" in Intellectual Property, Thomson Reuters, 2021-2024
    • Received the "Counsel for Justice Award," Davis Wright Tremaine, 2024

Background

    • Associate, Debevoise & Plimpton LLP, New York, N.Y., 2014-2016
    • Legal Intern, Tumblr, Inc., New York, N.Y., 2013
    • Legal Intern, Metropolitan Museum of Art, New York, N.Y., 2012
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Publications
08.15.24
News
2025 Edition of Best Lawyers Recognizes More Than 180 Davis Wright Tremaine Attorneys for Excellence Read More
10.12.23
Presentations
Moderator, "When Journalism Gets Personal," DOWNLOAD/NY
Publications
09.05.23
News
Press Photographers Achieve Historic Settlement With New York City Police Department Read More
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
04.16.21
News
Media & Entertainment
Quoted in "11th Circ. Affirms Gizmodo Win In Ex-Trump Aide's Libel Suit," Law360 Read More External Link
Publications
04.02.21
News
Media & Entertainment
Quoted in "2nd Circ. Backs The Met's Win In IP Suit Over Van Halen Pic," Law360 Read More External Link
GIzmodo_title
02.28.20
Insights
Winter 2020
On Eve of Trial, Gizmodo Wins Dismissal of Ex-Trump Staffer's Libel Suit - Fair-Report Privilege Bars Claims Read More
Publications
08.29.19
News
Media & Entertainment
Mentioned in "Daily Dicta: Judge Axes Splinter.com Defamation Suit," Law.com Read More External Link
Publications
08.28.19
News
Media & Entertainment
Davis Wright Tremaine Secures Favorable Ruling for Gizmodo in High-Profile Defamation Suit Read More
Publications
08.28.19
News
Media & Entertainment
Mentioned in "Gizmodo Defeats Ex-Trump Aide's 'Abortion Pill' Libel Case," Law360 Read More External Link
Publications
2018
News
Defamation Defense for Women Standing Up in the #MeToo Movement Read More
Publications
December 2018
Publications
Media & Entertainment
California Federal Court Puts Ex-Boyfriend’s Copyright Claims over The Girls to Bed (Again) Read More
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