James Rosenfeld

Partner

I help clients protect and defend their content – online, on screen and in print.

Jim Rosenfeld litigates for and counsels clients on risks and claims relating to their content. He represents a wide range of internet content and service providers, and publishers and broadcasters in every medium. His cases span media, intellectual property, and internet law - including copyright, trademark, defamation, right-of-publicity, invasion of privacy, freedom of information law, reporter’s privilege, and commercial matters. He has particular expertise in digital media law, advising clients on issues unique to content providers on the internet and other new platforms, including the DMCA and CDA legal immunities for user-generated content; liability arising from linking, sharing, distributing, embedding, moderating, and aggregating content; and issues relating to online advertising, social media, bots, artificial intelligence, and piracy. Jim focuses his practice on the specific needs of his media, entertainment, and tech clients, keeping current on changes in their industries so he can best tailor advice to help them achieve their business goals.

Practice Highlights

Disputes arising from third-party content

Defending clients sued for content that others post on their sites or services, by asserting the DMCA safe harbors, Section 230 of the CDA, and other defenses, or responding to pre-action disclosure applications or “John Doe” lawsuits for user information.

Disputes about clients’ content

Litigating state and federal lawsuits, arbitrations and appeals, involving claims that content has defamed (defense only), infringed, or violated privacy, publicity or First Amendment rights.

Content-related counseling to identify, mitigate and avoid risk

Advising clients ranging from leading media and tech companies to digital media startups on how to shape content and technologies to minimize issues of infringement, defamation, and violating publicity and privacy rights - and how to resolve claims short of litigation.

Admitted to Practice

New York, 1997
U.S. Court of Appeals 3rd Circuit, 1999
U.S. Court of Appeals 2nd Circuit, 2006
U.S. Court of Appeals 6th Circuit, 2012
U.S. District Court Southern District of New York, 1997
U.S. District Court Eastern District of New York, 1997
U.S. District Court District of Colorado, 2000
U.S. District Court Middle District of Pennsylvania, 1998

Education

J.D., Columbia Law School, 1995
- Harlan Fiske Stone Scholar
B.A., Yale University, 1990, cum laude

Memberships & Affiliations

- Copyright Litigation Subcommittee, American Bar Association, 2011
- Copyright Committee, 2018-2021; Communications and Media Law Committee, 2007-2010 – New York City Bar Association
- Copyright Society of the United States

Professional Recognition

- Named a "Recognised Practitioner" in Media & Entertainment: First Amendment (New York) by Chambers USA, 2017-2018
- Selected to "New York Super Lawyers," Thomson Reuters, 2013-2018

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