Constance M. Pendleton

Partner

Connie Pendleton represents clients in the area of media law, from pre-publication counseling through trial and appeal. She represents online publishers; production companies; cable news and entertainment networks; television and radio broadcasters; book, magazine, and newspaper publishers; book sellers, journalists, and authors in defamation, privacy, and newsgathering claims; reporter’s privilege, copyright, theft of ideas, and other First Amendment matters. She also provides advice on advertising, marketing, contests and sweepstakes, and other promotions.

As the daughter of a U.S. Foreign Service Officer and a World Bank lawyer, Connie grew up around the world, living in Tel Aviv; Bujumbura, Burundi in Central Africa; Brussels; London; Paris; Washington, D.C.; Boston; and New York.

Connie has represented Air America Radio Network, Al Jazeera, Amazon.com, Atlantic Media, Oath (AOL/Huffington Post), Bauer Publishing, Center for American Progress, Center for Public Integrity, China Central Television (CCTV), CNN, Discovery Inc. (Discovery Channel, Animal Planet, TLC, Investigation Discovery, Science Channel, HGTV, Food Network, Travel Channel), Dow Jones (Wall Street Journal, Barron’s), E! Entertainment Television, The Economist, Facebook, Fusion, Gannett Co., Jet.com, Journal Communications Inc., MTV, News Corp., NBCUniversal, Pew, Pro Publica Inc., Random House, Simon & Schuster, Some Spider (Scary Mommy.com, Café.com), TheCipherOnline.com, United Mine Workers of America, and V-Day.

Practice Highlights

Pre-publication and pre-broadcast counseling

Providing legal advice on newspaper and magazine articles, online publications, podcasts, and entertainment and news programs for clients such as Facebook, The Wall Street Journal, New York Post, The Atlantic Monthly, Quartz, Discovery Channel, Animal Planet, and Center for American Progress.

Defamation, privacy, and right-of-publicity litigation

Defending media clients in defamation, privacy, and right-of-publicity suits, including representing the producers of the hit podcast “S-Town” in a right-of-publicity suit in Alabama, a Wall Street Journal reporter in a defamation suit filed by Sheldon Adelson in Hong Kong, and CNN and the Washington Post in defamation suits in Maryland, which were successfully dismissed.

Copyright and Lanham Act litigation

Representing clients in copyright and Lanham Act claims. Recently obtained dismissal of a Lanham Act claim in federal court in Delaware against a production company, NBC, CNBC, Amazon, and Hulu, arising from the “The Real War Dogs” episode of the program American Greed.

* Denotes prior experience

Admitted to Practice

New York, 1998
District of Columbia, 1999
U.S. District Court Southern District of New York
U.S. Court of Appeals D.C. Circuit
U.S. District Court District of Columbia
U.S. District Court Eastern District of New York
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals 2nd Circuit

Education

J.D., University of Virginia School of Law, 1997
B.A., English, Barnard College, Columbia University, 1992, cum laude

Memberships & Affiliations

- Chair, Media Law Committee of the Arts, Entertainment and Sports Law Section, District of Columbia Bar Association
- Former Co-chair, Media Law Practice Group, Davis Wright Tremaine LLP
- Former Trustee, NCRC Preschool, 2014-2018; Co-chair, Head of School Search Committee; National Child Research Center, Washington, D.C.
- Former member, Head of School Counsel, Milton Academy, Milton, Mass.
- Former Board member, Blue Igloo Playgroup, Washington, D.C.
- Advisor, Friends of Macomb Park, Washington, D.C.

Professional Recognition

- Listed as "Up and Coming" in Media and Entertainment Law by Chambers USA, 2016-2018. Cited as "a rising star who enters the rankings after receiving strong praise for her handling of litigation and prepublication counseling in the media space."
- Named as one of "America's Leading lawyers for Business" in Media & Entertainment (D.C.) by Chambers USA, 2019
- Selected to "Washington, D.C. Super Lawyers" in Media & Advertising Law, Thomson Reuters, 2014-2019
- Named as one of the "Best Lawyers in America" in Media Law by Best Lawyers, 2010-present
- Named one of "Washington's Top Lawyers" in First Amendment & Media Law, by Washingtonian Magazine, 2015, 2018
- Fellow, American Bar Foundation
- Exclusive winner of the "2013 Client Choice Award" for Media and Entertainment Law in Washington, D.C. by ILO and Lexology, nominated by corporate counsel

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