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Admitted to Practice

  • New York, 2007
  • Massachusetts, 2007
  • U.S. District Court Southern District of New York, 2007
  • U.S. District Court Eastern District of New York, 2007
  • U.S. District Court Northern District of New York, 2014
  • U.S. Court of Appeals 2nd Circuit, 2008

Rachel Strom

StromRachel
Partner
T212.402.4069
F212.379.5244
Rachel Strom concentrates her practice on media law. She represented media companies in defamation, invasion of privacy and copyright matters, including researching and writing dispositive motions, taking and defending depositions, questioning trial witnesses, drafting appellate and post-trial briefs, and presenting oral argument in trial and appellate courts. Rachel also provides counseling and pre-publication advice to television shows, online publications, newspapers, and magazines. Rachel has presented numerous client seminars.

Representative Experience

Gayle v. Home Box Office, Inc.

Won dismissal of a $1.5 million copyright and trademark suit filed by a graffiti artist. The artist claimed that the HBO drama “Vinyl” featured a one-line phrase he sprayed on a New York City wall. In a May 1, 2018, decision, Judge Jesse Furman of the Southern District of New York found that the use was de minimis and granted HBO’s motion to dismiss. (S.D.N.Y. Ongoing)

Greene v. Paramount Pictures Corp., et al.

Defending Paramount Pictures Corporation and Red Granite Pictures as local counsel in a lawsuit brought by an individual who alleges that one of the characters in the film "The Wolf of Wall Street" is actually a false depiction of him. (E.D.N.Y. Ongoing)

Leidig v. Buzzfeed, Inc.

Defending Buzzfeed Inc. from defamation claims brought by Central European News Ltd. and its founder Michael Leidig arising out of a Buzzfeed report about the accuracy of viral “weird news” stories generated by Central European News. (S.D.N.Y., Ongoing)

Michael D. Cohen v. United States of America

Represented The New York Times, ABC, CNN, Newsday, and the Associated Press to secure critical access for the public to a headline-making proceeding the judge had been prepared to close, which addressed records seized by the FBI in the raid of the office of Michael Cohen, President Trump’s attorney.  Persuaded the judge that “the fact that a lawyer represents a client is not privileged”—a finding that, on the hearing’s second day where the media was represented by DWT partner Robert Balin, led to the revelation in open court that Sean Hannity was also one of Mr. Cohen’s clients. (Ongoing)

Triestman v. Turkheimer

Secured dismissal of a defamation claim brought against Slate Group, publisher of Slate.com, and a freelance writer based on an article that inaccurately described the outcome of a criminal case involving allegations of criminal sexual contact. (D.N.J. 2018)

Adelson v. Harris, et al.*

Defended the National Jewish Democratic Council in a defamation action brought by billionaire Sheldon Adelson arising from an online petition urging Republican candidates not to accept contributions from Adelson. (S.D.N.Y., 2nd Cir., Nev. 2012-2017)

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc.*

Obtained dismissal, which was affirmed on appeal, for the national Council of Better Business Bureaus applying the U.S. Supreme Court’s newly established standard for evaluating standing to bring Lanham Act false advertising claims. (4th Cir. 2017)

Fine v. ESPN*

Sucessfully defended ESPN in a defamation action brought against the sports newscaster and its journalists by the wife of an assistant college basketball coach at Syracuse University. (N.D.N.Y. 2016)

Newsday LLC v. Town of Oyster Bay*

Represented Newsday in obtaining documents sought under New York’s Freedom of Information Law that had been withheld by the town of Oyster Bay, New York for more than a year. In granting Newsday’s petition, the court rejected nearly all of the town’s arguments made in support of withholding the requested materials and awarded Newsday’s fees and costs. (N.Y. Sup. Ct. 2016)

Sondik v. Kimmel*

Successfully argued the appeal of a dismissal of a right-of-publicity claim brought against Jimmy Kimmel and ABC Inc. by a person whose image appeared in a comedy sketch on the show "Jimmy Kimmel Live!" (N.Y. App. Div. 2d Dep’t. 2015)

Leach v. James*

Successfully defended ESPN before Texas trial and appellate courts in a suit filed by former Texas Tech football coach Mike Leach, which was based on its reporting about allegations that Leach had mistreated a student-athlete and claims that ESPN was responsible for Leach’s subsequent termination from Texas Tech. 455 S.W.3d 171 (Tex. Ct. App. 2014)

Rabinowich v. NYP Holdings, Inc.*

Won the dismissal of claims against the New York Post brought by a rabbi who alleged that the newspaper defamed him, invaded his privacy, and caused him emotional distress by publishing an article and posting a video of him cavorting with two women who appeared to be prostitutes. (N.Y. Sup. Ct. 2012)

Psenicska v. Twentieth Century Fox Film Corp.*

Defended the film "Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan" in a trio of cases brought by various individuals who claimed that they had been fraudulently induced to sign releases permitting the filmmakers to include them in the film. The 2nd Circuit affirmed the lower court’s dismissal of the lawsuit, holding that the releases correctly described the film as a “documentary-style film” and that, therefore, any alleged false promises did not render them invalid. (2d Cir. 2009)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Associate, 2012-2015; Partner, 2016-2017; Levine Sullivan Koch & Schultz LLP, New York, N.Y.
  • Summer Associate, 2005; Associate, 2006-2012; Hogan Lovells US LLP, New York, N.Y.
  • Intern for the Hon. Faith Hochberg, U.S. District Court Judge, Newark, N.J., 2004

Professional & Community Activities

  • Member, Media Law Resource Center Board of Trustees, 2016-present
  • Inaugural Co-Chair, Next Generation Committee, Media Law Resource Center, 2014-2016
  • Member, Committee on Media Law, New York State Bar Association, 2009-present

Professional Recognition

  • Ranked as “Up and Coming” for New York, Media & Entertainment: First Amendment Litigation by Chambers USA, 2017-2018
  • Ranked as “Associate to Watch” for New York, Media & Entertainment: First Amendment Litigation by Chambers USA, 2015-2016
  • Named a New York Super Lawyer in Media & Advertising, Entertainment & Sports, and Intellectual Property Litigation by Super Lawyers
Clients cite her "amazing analytical skills." -Chambers USA 2018