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Communications, Media, IP & Technology

Acquisitions and transfers of control for cable and competitive telecommunications providers

Representing various cable and telecommunications clients on local, state, and federal regulatory filing requirements for asset acquisitions, transfers of control, and internal reorganizations. (Ongoing)

Children's advertising counsel

Advises multiple media clients on rules governing children's advertising. (Ongoing)

Communications and data privacy compliance for a leading global technology provider

Advising on communications regulatory, privacy, and law enforcement assistance obligations in more than 85 countries related to the launch of cloud-based unified communications services for organizations and businesses. (Ongoing)

Counsel for BBC

Regular representation of the New York-based production division of the BBC, including such long-running reality shows as What Not to Wear and Movin' Up. (Ongoing)

Doe v. Jeffrey Epstein

Represent the New York Daily News and journalist George Rush in protecting confidential interview materials from disclosure. (Ongoing)

Domain name services

Represents and advises a range of clients on domain name issues including representation in UDRP proceedings. (Ongoing)

FCC representation

Represents broadcast and cable TV clients at the Federal Communications Commission and in connection with a variety of transactional and regulatory matters, including ownership and attribution. (Ongoing)

GLAD v. Cable News Network, Inc.

Lead counsel representing CNN in this putative class action lawsuit seeking to compel to include closed captioning on all news videos available on (Ongoing)

Interconnection agreements for Telephone Service Providers

Negotiates and arbitrates interconnection agreements, and advises telephone service providers on intercarrier compensation, universal service compliance and reform, obtaining universal service funding for high-cost areas, and complex carrier-to-carrier billing disputes. (Ongoing)

IT and software agreements for multiple clients

Negotiate, draft and provide advice concerning software licensing, software development and other types of information technology agreements. (Ongoing)

Music licensing and Internet gambling advice

Advises clients on legal issues relating to music licensing, Internet gambling, and potential liability for defamation, obscenity, and indecency. (Ongoing)

Outside general counsel for LCW Wireless

Outside general counsel for wireless telephone service provider. (Ongoing)

Political advertising

Advises on political broadcasting and cablecasting rules and issues, regularly representing broadcast and cable TV clients at the Federal Communications Commission. (Ongoing)

Privacy policies

Counsels clients on corporate privacy practices, including reviewing and drafting privacy policies for Internet and other digital media and communications services. (Ongoing)

Production and licensing counsel for Class Media Inc.

Represent Classic Media, Inc., owner of such famous characters as Rocky & Bullwinkle, Mr. Magoo, Gumby, Lassie, and Underdog in connection with a variety of production-related and merchandise licensing transactions (Ongoing)

Production counsel

Production counsel for the award-winning television series 'Inside The Actors Studio' since its inception in 1994, handling all aspects of financing, production, and exploitation of the series. (Ongoing)

Right of publicity claims for Getty Images

Manage litigation (or threatened litigation) in California, Maryland, Delaware, West Virginia and Virginia concerning allegations of breach of the right of publicity. Obtained dismissal of the most active case (involving a publicity claim by a young woman whose image appeared on the packaging for disposable cameras) on summary judgment. 461 F. Supp. 2d 1112 (N.D. Cal. 2006); (N.D. Cal. Ongoing)

Sale of assets for InfoSpace

Sale of assets of mobile search and content provider to another search and content provider. (Ongoing)

Summit Media v. City of Los Angeles

Representing Clear Channel Outdoor in litigation pending in the Central District of California concerning Los Angeles outdoor advertising ordinances. (Ongoing)

Trademark and content protection

Advises and represents clients in intellectual property protection and litigation, opposing trademark and copyright infringement, and other unauthorized uses of content. Also defends against trademark oppositions. Has secured dismissals and settled numerous cases favorably out of court. (Ongoing)

Trademark prosecution

Represents television production client on trademark applications for cable television goods and services at the U.S. Patent and Trademark Office, and in opposition proceeding before the Trademark Trial and Appeal Board. (Ongoing)

Transactional negotiations

Negotiates purchase agreements and handles related documentation and regulatory issues for radio and TV broadcast clients including LMAs. Has handled the purchase and sale of multiple broadcast stations including LPTV transactions. (Ongoing)

City of Arlington, Texas v. FCC*

Successfully defended FCC order designed to promote the deployment of wireless Internet services by requiring local zoning authorities to timely act on wireless carriers’ applications to construct and modify cell phone towers and wireless facilities. Writing for Bloomberg, Professor Cass Sunstein has described the case as "an important victory" for the Government "that will long define the relationship between federal agencies and federal courts." 113 S. Ct. 1863 (2013)

Competitive pricing litigation

Represented national provider of cable television, Internet, and telephone services defending claims of improper price competition and business torts in multi-forum litigation brought by competitor. (Cir. Ct., Wood Cnty, (W.V.) 2007, S. Ct. (W.V.) 2011, W. Va. PSC 2013)

Linda Cawley v. Vancouver Columbian

Defended newspaper in defamation action brought by teacher, based on published articles about investigation into alleged classroom assault, with trial court granting summary judgment. (Clark Cnty. (Wash.) Super. Ct. 2013)

Alberghetti et al. v. Corbis Corporation

Represented national media and licensors of photographic imagery in amicus brief challenging district court's ruling that the subject of a photograph may assert a viable right-of-publicity claim based merely on a licensor's offer to license the copyright in the photograph. (9th Circuit 2012)

CBS Corp. v. FCC

Represented CBS Corporation in a successful challenge to FCC indecency finding and $550,000 forfeiture penalty levied against CBS for the 2004 Super Bowl halftime show featuring Janet Jackson and Justin Timberlake. On June 29, 2012, the Supreme Court denied certiorari. (3d Cir., U.S. 2012)

Conde Nast v. Barry

Successfully represented Conde Nast in action under Anti-Cybersquatting Consumer Protection Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award. (S.D.N.Y. 2012)

FCC v. Fox Television Stations and ABC, Inc.

Represented CBS Corporation in a consolidated appeal challenging the FCC's application of broadcast indecency rules to "fleeting expletives" in live awards shows and brief nudity in the program "NYPD Blue." On June 21, 2012, the U.S. Supreme Court held that FCC decisions targeting “fleeting” broadcasts of allegedly indecent material were unconstitutional under the Due Process Clause. (U.S .2012) 

Richard Feiner and Company, Inc. v. Paramount Pictures Corporation

Represented Paramount Pictures in action for breach of contract concerning the rights to exploit 17 motion pictures in certain geographic markets. Summary judgment granted on appeal. (1st Dept. 2012) 

Tiwari v. NBCUniversal Media, Inc.

Represented NBCUniversal to obtain dismissal of libel and IIED claims and to resolve a federal civil rights lawsuit arising from an episode of "Dateline NBC: To Catch A Predator." (2012)

In re Erwin Arnada

Represented 17 publications and media freedom groups in submitting amicus curiae brief to Supreme Court of Indonesia urging reversal of criminal indecency conviction of Erwin Arnada, the former editor-in-chief of Playboy Indonesia magazine. (2011)

Keck v.

Defended against privacy claims raised by book that was published by third parties through Amazon's Kindle Direct Publishing program. Court found immune from liability under Section 230, granting its motion for judgment on the pleadings. (2011)

TV station and news website representation for Meredith Corp. (KPTV)

Representation of television station and news website including pre-broadcast review and defense of defamation and privacy claims. (2011)

Barker v. Skype, Inc.

Represented Skype and eBay in putative class action in Federal District Court in the Western District of Washington alleging that expiration of Skype credits violates Washington's Consumer Protection Act and the Washington Gift Certificate Statute. The case has been settled on favorable terms. (2010)

Bockhan v. AOL, LLC

Represented AOL in putative class action in King County Superior Court alleging that AOL enrolled consumers in service plans without authorization. The case was settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2010)

Broadband plant relocation counseling

Represented major cable operator obtaining municipal reimbursement for costs associated with the relocation of cable system as part of various municipal improvement projects. (2010)

Cardillo v. BBC Worldwide Americas, et al.

Defended the BBC and BBC Worldwide America in a copyright infringement and theft of ideas action brought by an individual alleging that the TV series "The Great American Road Trip" infringed his format for a reality television program allegedly submitted to the Travel Channel and retransmitted to the BBC. Motion to dismiss granted. 2010 U.S. Dist. LEXIS 103153 (E.D.N.Y. 2010)

Defend cable MSO against challenge to change of access channel location and format

Lead counsel defending against claims brought by several cities challenging service provider's plan to change the channel location and format of public, educational and educational access channels. (U.S.D.C. 2008, FCC 2010)

Defend national ISP against claims for Internet access service fees

Lead counsel for national provider of broadband services against claims of cities seeking payment of local franchise fees on revenue received by the cable provider from its provision of broadband Internet access service. (State S. Ct. 2008, State Ct. App. 2010)

Defense against imposition of taxes for cable service provider

Defended client against an attempt by the City of Eugene, Ore., to impose $14 million in taxes on revenues from cable modem services when such taxes are barred by the Internet Tax Freedom Act. Prevailed at bench trial.

Digital media service licensing, distribution and regulatory arrangements for Kangaroo Media

Represented the provider of the Kangaroo TV handheld interactive television service at Formula One races worldwide in its commercial distribution, sponsorship and content licensing arrangements and in securing broadcast licenses for its operations at F1 races in Europe. (2010)

DirecTV v. Dish Network

Represented Dish Network in a false advertising action by DirecTV involving commercials for competing satellite television services; temporary restraining order against Dish denied and case thereafter settled. (S.D.N.Y. 2010)

EU Audiovisual Media Services Directive for several Internet companies*

Advised clients on the potential application of the U.K.'s implementation of the EU Audiovisual Media Services Directive to content services delivered over the Internet. (2010)

In re Rule 45 subpoena issued to Cablevision Systems Corp.

Successfully moved to quash subpoena seeking private information of individual posting anonymously on Internet message boards regarding public company, on First Amendment grounds. (E.D.N.Y. 2010)

In re Search Warrant to

Aided (one of the Gawker Media websites) in dealing with reporter's shield issues immediately following the execution of a search warrant by the San Mateo County District Attorney's Office on the home of a Gizmodo writer covering a story about a prototype Apple iPhone left in a Redwood City, Calif., bar. (2010)

Open source software services agreement for privately held software services company*

Drafted agreement to become the exclusive provider of software development and maintenance services for a widely used software application distributed under a French copyleft software license. (2010)

Pole attachment rate litigation for national provider of broadband services

Won motion to dismiss utility complaint company demanding higher pole attachment payments for the operator's provision of telecommunications and voice services over its cable system. (U.S.D.C. 2010)

Purchase negotiation for Central Oregon Cable Advertising

Negotiated purchase and handled documentation for client's acquisition of an LPTV station. (2010)

Purchase negotiation for S.J. Broadcasting, LLC

Negotiated agreements and handled documentation for multiple radio station purchases in Illinois. (2010)

Putative statewide privacy class action for national cable service provider

Represented national cable service provider in putative statewide class action alleging state wiretap claims in relation to call center operations. Obtained order enforcing client’s arbitration provision, including its class action waiver. Affirmed on appeal. (Baltimore City Cir. Crt. and Md. Ct. Spec. App. 2010)

Rivera v. First Data Bank

As local counsel, using the anti-SLAPP statute, obtained the dismissal of wrongful death claims brought against First Databank, a medical publisher, on the grounds that First Databank's drug monograph was protected by the First Amendment. 187 Cal. App. 4th 709 (2010)

Rosenblatt v. Jewish Federation of Rockland County, et al.

Defended journalist, newspaper, and federation which published newspaper in libel action brought by man depicted anonymously in article on domestic abuse in an Orthodox Jewish community, who claimed that he was identifiable based on certain details in article. Obtained dismissal based on plaintiff's failure to carry out discovery obligations. (2010)

Steinbeck v. McIntosh & Otis, Inc., Estate of Elaine Steinbeck, et al.

Represented literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted and affirmed by the 2nd Circuit. 2009 WL 928189, 2010 WL 3995982 (S.D.N.Y., 2d Cir. 2010)

Wholesale interconnection arbitration

Represented major cable operator in multistate public service commission arbitration proceedings upholding operator's wholesale telecommunications interconnection rights. (2010)

Young v. Suffolk County, et al.

Defended print, online, and broadcast media against federal civil rights claims and state law claims for defamation and emotional distress arising out of media coverage of uninhabitable living conditions of plaintiff and her children. (E.D.N.Y. 2010)

Broadband service provider for Charter Communications, Inc.

Represented national provider of cable television, Internet, and telephone services in obtaining federal, state, and local approvals for corporate restructuring. (2009)

Child Model et al. v. DraftFCB

Defended Draft FCB in an action for defamation and violation of sections of the New York Civil Rights Law. Action brought by two professional models alleging that use of their photographs in an advertisement for agencies involved in counseling addicts defamed them by implying that they were former meth addicts. (S.D.N.Y. 2009)

European communications policy-making for several online companies*

Advised companies on a range of communications policy and compliance issues in Europe, including the recently completed review of its electronic communications regulatory framework, the regulation of VoIP services, incentives for the creation of next-generation high-speed data networks and net neutrality/broadband access rights. This work involved regular advocacy before policy makers in Brussels and key national regulators, such as the U.K.'s Office of Communications. (2009)

Friendly Family Productions v. Little House on the Prairie, Inc.

Represented Friendly Family Productions, the owner of the trademark and merchandising rights in the famed book and television series each titled "Little House On The Prairie," against a corporation operating a small museum and gift shop on what is alleged to be the historic site of a venue described in the book and television series, which had launched a website from which it was selling branded merchandise. The case was settled on the eve of trial. (C.D. Cal. 2009)

Harris v. Simon & Schuster, Inc. and the McGraw-Hill Companies, Inc.

Represented defendant publishers in an action for copyright infringement arising from the licensing of a passage from a copyrighted work for inclusion in standardized tests. Case settled. (S.D.N.Y. 2009)

Ibarra v. Houston Chronicle

Obtained summary dismissal of libel litigation challenging the comments of sports blogger writing about MMA controversy. (2009)

J.K. Idema v. The Australian Broadcasting Corporation, et al.

Defended the Australian Broadcasting Corporation against claims of defamation and copyright infringement allegedly arising from a television program about plaintiff's credentials as a media expert on counter-terrorism in Afghanistan and related Web postings. Motion to dismiss granted; appeal to 2nd Circuit dismissed. 91 U.S.P.Q.2d 1281 (S.D.N.Y. 2009)

Liao v. CNN

Twice, obtained dismissal of federal civil rights lawsuit challenging editorial content on (2009)

Reudy v. CBS Corporation, et al.

Obtained order of dismissal, affirmed on appeal, in favor of CBS Corporation of a complaint containing antitrust and business tort allegations involving outdoor advertising. (9th Cir. 2009)

Stern v. Rita Cosby, Hachette Book Group USA

Represented Rita Cosby in libel action brought by Howard K. Stern, former partner of Anna Nicole Smith, arising out of Cosby's book "Blonde Ambition." (S.D.N.Y. 2009)

Surf City Enterprises v. The Daily Orange, et al.

First Amendment defense for a student publication against allegations of defamation. Case settled. (Sup. Ct. Onondaga Cty. 2009) Read more

Trademark litigation for CompTel

Defended client in trademark dispute. Successfully settled and dismissed in D.C. Superior Court. (2009)

Atrium Group v. Harry N. Abrams, Inc.

Won dismissal of Lanham Act and unfair competition claims in a dispute over the publication of U.S. versions of Spanish books. Action subsequently settled. 565 F. Supp. 2d 505 (S.D.N.Y. 2008)

Bankruptcy and tax code issues for major communications company

Represented the liquidating trustee of a major telecommunications company in potential litigation and ensuing negotiations involving complex bankruptcy and tax code issues that led to favorable confidential settlement. (2008)

Barnes v. Creative Marketing Resources; Magro v. Getty Images

Defended Getty Images and indemnities of Getty Images in lawsuits involving invasion of privacy, misappropriation of likeness and unjust enrichment. One case dismissed with prejudice at pleading stage. Other case resolved before discovery at extremely favorable terms. (L.A. Cnty. (Cal.) Super. Ct. 2008)

ConnectU, Inc. v. Facebook, Inc.

Successfully represented magazine 02138 when Facebook sought to compel removal of sealed documents about its founder, Mark Zuckerberg, from the magazine’s website; court rejected as unconstitutional prior restraint. Successful defense by attorneys from Davis Wright Tremaine led a federal judge to reject the company’s request for a court order to take down the material. 2008 WL 2330992 (D. Mass. 2008) Read more

CTIA v. Federal Communications Commission

Represented telecommunications provider in successful D.C. Circuit appeal of FCC decision imposing back-up power requirements on all telephone company and wireless facilities. Nos. 07-1475, 07-1477, 07-1480 (D.C. Cir. 2008) Read more

Dalia Gal v. Viacom, et al.

Defended author Mary Higgins Clark and publisher Simon & Schuster, among others, in a copyright infringement action arising out of Ms. Clark's novel "The Second Time Around." Secured summary judgment for defendants. 518 F. Supp. 2d 526 (S.D.N.Y. 2008)

Doe v. TS

Successfully defended newspaper against subpoena under Oregon's media shield law. (2008)

Hatfill v. Mukasey, et al.

Represented coalition of media organizations as amici in support of a reporter facing contempt sanctions in a Privacy Act suit for refusing to reveal confidential sources related to the investigation of the 2001 anthrax attacks. Filed two amicus briefs in the U.S. Court of Appeals for the District of Columbia Circuit. Appeal dismissed as moot. No. 03-cv-1793 (D.C. Cir. 2008)

Interphase Garment v. Fox Television Stations

Obtained dismissal of claims for defamation, interference with contract, emotional distress, and invasion of privacy arising from local Fox affiliate's coverage of plaintiff's failure to deliver school uniforms on time. Established Maryland precedent regarding statute of limitations as applied to mass media. 566 F. Supp. 2d 460 (D. Md. 2008)

Long v. Internal Revenue Service

Successfully moved to require the IRS to continue producing records under the Freedom of Information Act and recovered award of attorneys' fees on two occasions. 2008 WL 4083172 (W.D. Wash. 2008)

Mattel v. MCA

Successfully defended "BusinessWeek" reporter who was subpoenaed to testify by Mattel in multibillion-dollar civil lawsuit arising from ownership of Bratz dolls. Relying on First Amendment reporter's privilege, the court denied Mattel’s motions to compel and motions for reconsideration before the discovery master, and Mattel's motions asking the district court judge to reverse the master's orders. (C.D. Cal. 2008)

Miller v. Holtzbrinck Publishers

Successfully defended publisher and co-author of novel against claims of fraudulent inducement, conversion and tortious interference by plaintiff who alleged that novel plagiarized plaintiff's manuscript. Case was dismissed. 2010 WL 1932322 (S.D.N.Y. 2008)

Miller v. Paramount

Represented Paramount Pictures and E! Entertainment in copyright action arising from use of a disputed photo in a televised program. Successfully settled. (S.D.N.Y. 2008)

New Jersey Telecommunications Association et al. v. Fox

Counsel for national cable television operator in a case challenging requirements under New Jersey law for cable operators to allow competitors to use their cable networks. (D.N.J. 2008)

NextG Networks of NY, Inc. v. City of New York

Lead counsel for NextG in federal court challenge to City of New York franchise and regulation of wireless deployment in public rights of way. Including successful 2nd Circuit appeal reversing District Court grant of summary judgment to defendant city on NextG's claims that the city's franchise requirements violate Section 253 of the federal Communications Act. Pending on remand at the District Court. 513 F.3d 49 (2d Cir. 2008) Read more

Smale et al. v. Cellco Partnership d/b/a Verizon Wireless

Represented Verizon Wireless in putative class action alleging the failure to disclose surcharges in consumer contracts and billing statements. Obtained dismissal on the pleadings. See Smale et al. v. Cellco Partnership, dba Verizon Wireless, 547 F.Supp.2d 1181 (W.D. Wash. 2008).

Sugarman v. Apostolina, Simon & Schuster

Obtained summary judgment dismissing libel in fiction and right of publicity claims arising out of book "Hazing Meri Sugarman." 101750/06 (N.Y. Sup. Ct. 2008) Read more v. Henry Holt and Company

Successfully defended publisher and co-author of novel against claims of fraudulent inducement, conversion and tortious interference by plaintiff who alleged that novel plagiarized plaintiff's manuscript. Case was dismissed. 2010 WL 1932322 (S.D.N.Y. 2008)

Television dispute over cable carriage

Lead counsel defending a complaint filed by TV station concerning carriage of the station on cable systems. (FCC 2008)

Unfair competition class action litigation for national wireless carriers

Represented national wireless carriers in class action lawsuits brought by plaintiffs asserting unfair competition and unjust enrichment claims on behalf of classes of California cellular phone service subscribers. (2008)

Vargas v. Pfizer

Successful defense of a soundware company against copyright infringement claim based on drum loop used in advertisement. Case raised issues of originality, independent creation and substantial similarity. Defendants prevailed on summary judgment. 418 F. Supp. 2d 639 (S.D.N.Y 2005, 2d Cir. 2008)

Ward v. National Geographic

Represented newspaper and magazine publishers as amici curiae in defense of rights to publish digital archives of periodicals. 284 Fed. Appx. 822 (2d Cir. 2008)

Acquisition of spectrum for Clearwire Corporation

Purchase of AT&T's portfolio of 2.5 GHz spectrum for $300 million. (2007)

Acquisition of stock for Clearwire Corporation

Stock and purchase agreement between Clearwire Spectrum Holdings II LLC, Clearwire, BellSouth, and AT&T. (2007)

Bandwidth purchase for Clearwire Corporation

Purchase of AT&T's portfolio of 2.5 GHz spectrum for $300 million. (2007)

Barrino v. Simon & Schuster

Represented Simon & Schuster in libel action brought by Joseph Barrino, father of Fantasia Barrino, arising out of Ms. Barrino's book 'Life is Not a Fairy Tale.' (S.D.N.Y. 2007)

Berman v. CIA

Represented Vietnam war historian in Freedom of Information Act litigation, defeating CIA's claim that presidential intelligence daily briefs are categorically exempt from FOIA's disclosure mandates. 501 F.3d 1136 (9th Cir. 2007)

Clapp v. Olympic View Publishing Co.

Represented defendant in favorable application of public reports privilege by Division II in defamation lawsuit, affirming dismissal of case on the pleadings. 137 Wn. App. 470, 154 P.3d 230 (Wash. App. 2007)

Clark v. Cable News Network and Larry King

Defended CNN and Larry King against defamation lawsuit filed by actress Lynn Redgrave's ex-husband, based on statements about their divorce proceedings made on "Larry King Live." The 9th Circuit affirmed the district court's order dismissing the lawsuit. (C.D. Cal., 9th Cir. 2007)

Defended challenge to multi-billion dollar merger

Lead counsel defending against claims that broadband service provider unlawfully closed multibillion-dollar acquisition of cable systems. (St. Ct. 2006, aff’d, St. Ct. App. 2007)

Direct TV v. EchoStar Communications Grp.

Represented Echostar Satellite Corporation Grp. in declaratory judgment actions raising issue of whether use of competitor's trademark as a search term is a trademark use and/or trademark infringement. Defeated motion to dismiss; thereafter settled. (S.D.N.Y., C.D. Cal. 2007)

Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc.

Represented Global Crossing in case involving enforceability of FCC regulations through private rights of action. 550 U.S. 45. (2007) Read more

Grecco v. Gawker Media

Defended online media company in copyright infringement action arising out of the use of the plaintiff's photograph on, one of Gawker's blogs. (S.D.N.Y. 2007)

In re Application of Verizon Virginia, Inc. for Retail Services Deregulation and Detariffing

Represented competitive carrier in opposition to Verizon deregulation request. Case No. PUC-2007-00008 (Va. SCC 2007)

In re: Natural Gas Commodities Litigation

Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoenas issued by plaintiffs and defendants. (S.D.N.Y. 2007)

Katonah Village Improvement Society v. Martha Stewart Living Omnimedia, Inc.

Successfully defended the right of Martha Stewart Living Omnimedia to register 'Katonah' as a trademark for a line of furniture. Case settled. (T.T.A.B. 2007)

Latin World Entertainment v. H&M Communications Group

Lead defense counsel in action alleging misappropriation of trade secrets, unfair competition and breach of contract. Obtained dismissal with prejudice on all claims. (2007)

McCain v. Rahal

Represented television networks, blog operators and stock photography agency in numerous copyright actions alleging unauthorized use of photographs. Dismissed-want of prosecution. 2007 WL 2435170 (S.D.N.Y. 2007)

Mikhail Anikin v. Random House and Dan Brown

Defended copyright infringement case against Dan Brown and Random House in which a curator at the Hermitage and the author of a Russian work on Da Vinci claimed Brown copied his phrase 'Da Vinci Code' and his analysis of the Mona Lisa. 3:07-cv-00697 (D. Tenn. and Russian court 2007)

MINDS v. Discovery Communications

Defended breach of contract and fraud action related to acquisition of online educational technology, which was successfully resolved after extensive discovery. (AAA 2007)

NextG Networks of Calif., Inc. v. County of Los Angeles

Order granting preliminary injunction prohibiting defendant county from enforcing its wireless zoning code against NextG on the grounds that the code is pre-empted by Section 253 of the Federal Communications Act. 522 F. Supp. 2d 1240 (C.D. Cal. 2007) Read more

Paterson v. Little, Brown & Co.

Secured summary judgment dismissing defamation and false light claims brought by 'father of DOS' computer operating system against book publisher, author and researcher on grounds that statements in suit were protected opinion or were not published with actual malice. 502 F. Supp. 2d 1124 (W.D. Wash. 2007)

Powers v. City of Seattle

Successfully represented The Seattle Times Company in an opposing motion to join media entities as indispensable parties in a defamation lawsuit filed by terminated city employee against City of Seattle. Judge ruled that our client would not be added as a defendant. 242 F.R.D. 566 (W.D. Wash. 2007) Read more

Sale of business for Time Warner & subsidiary (AOL LLC)

$265 million sale of mobile device software company, Tegic Communications, Inc., to Nuance Communications (NASDAQ: NUAN). (2007) Read more

Securities transaction for Sierra Wireless, Inc.

Secondary public offering. (2007)

Steinbuch v. Cutler

Obtained dismissal of privacy and related claims against Ana Marie Cox, former author of the blog 'Wonkette,' based on excerpting, linking to and commenting on another blogger's first-hand accounts of her relationship with plaintiff. 1:05CV00970 (D.D.C. 2007)

Television programming for Smithsonian Networks

Clearance of music rights for the television broadcast by Smithsonian Networks of a concert tribute to Ella Jenkins titled 'Cellabration!' (2007)

U.S. Commodity Futures Trading Commission (CFTC) v. Bradley

Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoenas issued by CFTC and by defendants. USCFTC v. McGraw-Hill (D.D.C. 2006)

U.S. Commodity Futures Trading Commission (CFTC) v. McGraw-Hill

Represented McGraw-Hill in its assertion of the reporter's privilege in response to investigatory subpoena by CFTC. (2007)

Ward v. Gene Simmons and VH1

Represented VH1 and Gene Simmons in a libel action concerning a documentary regarding KISS. (2007) Read more

Wong v. Simon & Schuster

Defeated injunction against book publisher Simon & Schuster in copyright infringement action. (E.D. Va. 2007)

Acquisition of business for Clearwire Corporation

Acquisition of broadband wireless operator in Ireland. (2006)

Berry v. Penguin Group (USA), Inc.

Won dismissal of copyright lawsuit against book publisher on jurisdictional grounds. 448 F. Supp. 2d 1202 (W.D. Wash. 2006)

Branch Banking Company v. PanAmSat and Seaton Broadcasting

Represented cable television network in contract litigation with satellite operator regarding unauthorized satellite transponder migration, obtaining favorable settlement.

Dealer dispute/termination litigation for national wireless carrier

Defended national wireless carrier in many claims brought by various independent dealers nationwide alleging various theories, including breach of contract, violation of Robinson-Patman Act, violation of state franchise and consumer protection legislation and antitrust laws. (2006)

Hart v. Scholastic, Inc.

Represented publisher in federal court putative nationwide class action alleging violations of the Washington Consumer Protection Act and the Washington Unsolicited Goods Act for demanding payment for goods that were purportedly free. After filing motion for judgment on the pleadings, plaintiffs voluntarily dismissed all claims. (W.D. Wash. 2006)

In re Wisconsin PSC Investigation into Transit Traffic

Litigation of transit traffic interconnection issues in multi-party proceeding involving competitive, incumbent and rural LECs. Docket No. 05-TI-1068 (2006)

Jones v. NBC; Suser v. NBC*

Successfully defended intentional interference and idea theft claims related to several NBC television shows. Actions resolved without any payment. (W.D.N.Y. 2006)

Qwest v. Universal Telecom

Section 251/252 arbitration of interconnection agreement terms and compensation provisions against Qwest Corp. Case No. ARB 671 (2006)

Renco Group, Inc. v. Workers World Party, Inc.

Successful defense of Workers World newspaper in defamation action brought by holding company owner of steel plants arising from two articles referring to plaintiff robbing its subsidiary's pension fund. 102875/06 (N.Y. Sup. Ct. 2006) Read more

Sale of business for Clearwire Corporation

Representation of Clearwire in the $50 million sale of its wholly owned subsidiary, NextNet Wireless, to Motorola. (2006)

Southwestern Bell Tel., L.P. v. Missouri Public Service Comm'n

Federal district court appeal of interconnection arbitration decision concerning intercarrier compensation for CLEC. 461 F. Supp. 2d 1055 (E.D. Mo. 2006)

Spafford v. EchoStar Communications Corp.

Represented defendant in a First Amendment challenge to regulations barring telephone solicitation, but the court declined our client's motion to dismiss. 448 F. Supp. 2d 1220 (W.D. Wash. 2006)

Stephen Dupont v. NBC Universal

Represented NBC in a copyright infringement action brought by plaintiff freelance photographer who filmed the Taliban burning incident in Afghanistan; NBC asserted fair use defense. Settled during pendency of motion for judgment on the pleadings. (S.D.N.Y. 2006)

Telecommunications regulatory approvals for Sprint Corporation

Obtained state regulatory approvals nationwide for spinoff of Embarq Corporation from Sprint. (2006)

The Knot, Inc. v. Ruben Rotteveel

Represented owner of website in case brought by competing bridal website involving allegations of misappropriation of proprietary business information and trade secrets, including website functionality. (N.Y. Sup. Ct. 2006)

U.S. Commodity Futures Trading Commission (CFTC) v. Whitney

Represented McGraw-Hill in its assertion of the reporter's privilege in response to litigation subpoena issued by CFTC and defendants. (2006)

Carver v. Bonds

Successfully defended former San Francisco 49er Roger Craig in libel lawsuit arising from statements published in newspaper's investigative article. (2005)

Harmatz v. Reader's Digest

Defended Reader's Digest against copyright infringement and theft of idea claims arising from magazine article on celebrity philanthropy that plaintiff alleged was based on ideas in his unsolicited submission. Suit voluntarily withdrawn by plaintiff after motion to dismiss and for sanctions was filed. (D.N.J. 2005)

Huggins v. The New York Daily News

Represented 'The Daily News' in libel action on remand from N.Y. Court of Appeals. Settled. 118787/93 (N.Y. Sup. Ct. 2005)

NAD Case: Challenge brought by Verizon Communications, Inc. against Adelphia Communications Company

Successfully represented Adelphia Communications Company in defense of various comparative advertising claims as a result of promotional pricing and speed claims for its Internet access service. Main claims found substantiated. (N.A.D. 2005)

Roberts v. Anderson News Company

Lead defense counsel and obtained dismissal (before class certification) in a wage and hour class action alleging claims for overtime, meal periods and 'off the clock' work. (2005)

Sale of business for Obie Media

Acquisition of a media company. (2005)

Subpoena enforcement matter for national provider of broadband services and other ISPs

Federal appeals court defense of subscriber privacy claims under Digital Millennium Copyright Act; multiple proceedings in state and federal courts for ISPs responding to, quashing or objecting to subpoenas for subscriber information. 393 F.3d 771 (8th Cir. 2005)

Suser v. National Broadcasting Co., et al.

Defended NBC in idea theft lawsuit related to two television shows. Successfully brought a motion to dismiss action, leading to the resolution of action without the payment of money. (C.D. Cal. 2005)

Telecommunications regulatory approvals for Sprint Corporation

Obtained state regulatory approvals nationwide for Sprint/Nextel merger. (2005)

U.S. Commodity Futures Trading Commission (CFTC) v. McGraw-Hill

Represented McGraw-Hill in its assertion of the reporter's privilege in response to subpoena from regulatory agency. (2005)

Asset acquisition for ICO Global Communications, Inc.

Acquisition of global communications and satellite assets of Globalstar, LP. (2004)

Bakersfield City School Dist. v. Superior Court

Successfully prosecuted California Public Records Act in trial court and court of appeal to establish legal precedent ensuring the public's right to review complaints of misconduct by public employees. 118 Cal. App. 4th 1041 (2004)

Buena Vista Television v. Adelphia Communications Corp.

Defended Adelphia against suit seeking more than $500 million in damages for copyright infringement arising from Adelphia’s failure to pay copyright royalties during the 2002/1 accounting period, when Adelphia declared bankruptcy. (2004) Read more

Corporate finance for Tenzing Communications

$40 million preferred equity and related debt financings and exit sale of substantially all of its assets. (2004)

E. Benton v. Liberation Publications

Obtained dismissal on appeal of libel and right of publicity claims arising out of use of plaintiff's photograph on cover of novel allegedly falsely implying he was homosexual. (2004)

Harris v. City of Seattle

On behalf of local broadcaster, granted summary judgment dismissing false light, intentional infliction of emotional distress, and outrage claims by former public official. 315 F. Supp. 2d 1105 (W.D. Wash. 2004)

In re Petition of Monmouth Tel. for Arbitration of an Interconnection Agreement

Section 251/252 interconnection arbitration proceeding. New Jersey BPU Case No. TO 03100788 (2004)

Plantec v. Swanton

Obtained injunction for Plantec prohibiting violations of duty of loyalty and prohibiting performance of service contract by competitor founded by former employee. Cause No. 03-2-00717-4 (Island Cnty. (Wash.) Super. Ct. 2004)

Qwest Corp. v. Universal Telecom, Inc.

Federal district court defense of interconnection and carrier compensation claims. (2004) Read more

Wiley v. Black Entertainment Television

Obtained voluntary dismissal after motion filed to dismiss emotional distress claims against BET for use of still photograph of Magic Johnson during annual cable television network's annual music awards program. (2004)

Woon Ng, Chinese Freemasons Grand Lodge of USA et al. v. Sing Tao Daily

Successful defense of newspaper Sing Tao Daily in defamation action arising out of an organizational dispute between two lodges of the Chinese Freemasons. (2004)

Center for National Securities Studies v. Department of Justice

Represented coalition of media entities in federal FOIA and First Amendment appeal to the Department of Justice's refusal to divulge the identities of persons detained in immediate aftermath of September 11. 331 F.3d 918 (D.C. Cir. 2003)

In re Globalstar, L.P.

Represented ICO in purchase of debtor's assets out of bankruptcy. (2003)

Level 3 Communications v. City of Prichard

Federal district court action under Section 253 challenging municipal right-of-way franchise requirement and franchise fees. Civil Action No. 03-248-P-C (2003)

Los Angeles Times v. Board of Supervisors

Obtained important published decision from the Court of Appeal, reversing a trial-court order denying attorneys' fees to a successful plaintiff in a Brown Act open-meetings case. 112 Cal. App. 4th 1313 (Cal. Super. Ct., Cal. Ct. App. 2003)

Sea Horse Ranch v. CBS Broadcasting

Obtained voluntarily dismissal after motion filed to dismiss negligence and privacy claims based on hidden camera investigation of alleged animal abuses. (2003)

Viacom Outdoor, Inc. v. Clallam County (Wash.)

Represented client in successful challenge to county sign ordinance. WL 21781131 (W.D. Wash. 2003)

Cobb v. Time, Inc.

Successfully represented amici in federal appeal of a multimillion-dollar verdict in actual malice defamation case. The opinion reversed the verdict and ordered judgment for the defendant. 278 F.3d 629 (6th Cir. 2002)

In re Evans

Secured the protection of the reporter's privilege for an investigative journalist who became part of the story, running for the board of a company he was covering and testifying at regulatory hearings. (N.Y. Sup. Ct. 2002)

Jane Doe v. Merck & Co.

Successfully vacated a $2 million punitive judgment against pharmaceutical manufacturer Merck & Co. and its advertising agency, in a libel and right of publicity action based on use of a model's photograph in promotional brochure for an anti-AIDS drug. (N.Y. Super. Ct. 2002)

Marcus Cable Associates, LLC v. City of Bristol

Federal district court prosecution of broadband and video competition claims. 237 F. Supp. 2d 675 (2002)

Motion Picture Association of America v. FCC

Represented the Motion Picture Association of America, the National Association of Broadcasters, and the National Cable & Telecommunications Association in successful challenge to FCC rules imposing mandates for video description of television programming. (D.C. Cir. 2002)

Random House, Inc. v. Rosetta Books LLC

Represented Random House in test case litigation on scope of publishers' electronic rights under standard grant clauses in publishing agreements. (2002)

U.S. West Communications v. Jennings

Represented AT&T Wireless in 9th Circuit Court in appeal of a ruling regarding various 1996 Telecommunications Act issues. 304 F.3d 950 (9th Cir. 2002)

Byrne v. BBC*

Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled. (2d Cir. 2001)

Global NAPs v. FCC

Appeal of FCC decision limiting intercarrier compensation rights. 247 F.3d 252 (2001)

Ohio Players v. Polygram Records, Inc.*

Represented PolyGram Records in a breach of contract action brought by the Ohio Players with regard to PolyGram's right to license certain master recordings produced under an exclusive recording agreement for use in connection with television advertisements. (S.D.N.Y. 2000)

Penguin Classics v. Oxford University Press*

Action for trade dress infringement based upon distinctive cover for Penguin's Classics series; preliminary injunction granted. (2000)

Prima v. Darden Restaurants, Inc.*

Represented Grey Advertising and Darden Restaurants in defense of an action for violation of the right of publicity of the deceased performer Louis Prima and false advertising by reason of use of an alleged Prima sound-alike in a commercial for the Olive Garden Restaurants. (D.N.J. 2000)

Spelling v. Gear

Defended a magazine against a major television producer's claims for libel and violation of the Lanham Act. (C.D. Cal. 2000)

Project financing for communications company*

Acted as Washington counsel to communications company in $75 million project financing of fiber optic cable line from Seattle to Alaska, which involved structuring of security in on-shore and underwater cable line through multiple counties. (1999)

Mainstream Loudoun v. Board of Trustees of the Loudoun County Public Library

Counsel for plaintiff in first case to hold that mandatory content filtering of public library Internet terminals violates the First Amendment. (E.D. Va. 1998)

New York Magazine, a division of PRIMEDIA Inc. v. The Metropolitan Transportation Authority*

Represented New York Magazine in an action against the Metropolitan Transit Authority for civil rights violations because of the MTA's decision to remove a series of advertisements from the outside of New York City buses on the complaint of then-Mayor Rudy Giuliani that they violated his right of publicity. Judgment for plaintiff, affirmed on appeal. (2d Cir. 1998)

Chaiken v. Village Voice

Affirmed dismissal of private figure implication libel action finding that claims can only proceed if plaintiff establishes that defendants were aware of and endorsed the challenged implication. This was the first federal case to address the gross irresponsibility standard in a case involving an allegation of defamation by implication. (2d Cir. 1997)

Lipton v. The Nature Company*

False advertising and copyright infringement based on taking Lipton's compilation of animal terms of venery for use on merchandise. Summary judgment for plaintiff; affirmed in relevant part on appeal. (2d Cir. 1995)

Campbell v. Acuff-Rose Music, Inc.

In a case that set standards for copyright fair use in cases of parody, the U.S. Supreme Court held that the commercial nature of a parody does not render it presumptively beyond the bounds of fair use. Filed amicus curiae brief on behalf of HBO and other media companies. 510 U.S. 569, 114 S. Ct. 1164 (U.S. 1994)

Holliday v. Cable News Network (CNN)

Defended CNN against copyright infringement and breach of contract lawsuit brought by the videographer of the infamous home video depicting Rodney King's beating by Los Angeles police; obtained summary judgment dismissing claim. (1994) Read more

In re Cable News Network, Inc.

Represented CNN in prior restraint action brought by Manuel Noriega to prevent broadcast of tapes of phone conversations between Noriega and his defense counsel. Case involved conflict between First Amendment prohibition against prior restraints on media and Sixth Amendment right to fair trial. 917 F.2d 1543; cert. denied, 498 U.S. 976 (11th Cir. 1990)

Harte-Hanks Communications, Inc. v. Connaughton

In a defamation case brought by a judicial candidate against a newspaper, the U.S. Supreme Court determined that actual malice was the threshold standard for a finding of libel. Filed amicus curiae brief on behalf of the Associated Press and other media organizations. 491 U.S. 657, 109 S. Ct. 2678 (U.S. 1989)

Bestview Cable v. City of Abbeville, S.C.

Obtained injunction for cable television operator enjoining rival company from operating competing cable system and ordering dismantling of system.

The Seattle Times Company v. Ishikawa

Represented The Seattle Times in a landmark case setting the rights of media access to court. The Supreme Court of Washington held that trial court judge erred in closing pretrial hearing and set standards describing when court may restrict access to criminal hearings or records. 97 Wn.2d 30, 640 P.2d 716 (Wash. 1982) Read more

Administrative litigation and private arbitration against Verizon Communications

Two private arbitrations of claim by competitive local exchange carriers (CLECs) against Verizon, under Section 251/252 interconnection agreements, regarding appropriate charges (if any) for including CLECs’ customers in Verizon's printed telephone directories and directory assistance databases.

Administrative litigation for competitive local exchange carrier

Successfully prosecuted administrative litigation for competitive local exchange carrier, arguing that the telecommunications-service affiliate of a government-owned power company is subject to regulation as a telecommunications carrier by state-level regulatory body.

Antitrust counsel for multiple major communications companies

Regularly advise numerous companies regarding structuring and operation of joint buying, distribution, development, and standard setting activities, interlocking directorates, and other issues concerning compliance with U.S. antitrust laws.

Antitrust litigation for cable television operator

Obtained favorable settlement for plaintiff cable operator of federal antitrust lawsuit against electric cooperative for denial of access to essential utility poles.

Appeal of USAC rulings to the FCC

Handled intra-agency appeals of adverse decisions by the Universal Service Administrative Company (USAC) regarding disbursements of universal service funding under the interstate common line support (ICLS) program; handled appeal of USAC rulings to the FCC.

Arbitration for telecommunication providers

Arbitration proceedings before state public utility commissions and private arbitration panels.

Broadband policy

Advises clients on local, state and federal broadband policies, including the FCC’s National Broadband Plan and Congressional legislation. Founded and contributes regularly to the Broadband Law Advisor, a regular blog about the events related to the National Broadband Plan and the FCC’s “Third Way” approach to regulating Internet networks under Title II of the Communications Act.

Cable broadcast signal carriage disputes for cable operators and cable networks

Represented cable operators and cable networks in FCC complaint and rulemaking proceedings concerning must carry and retransmission consent rules.

Cable regulatory for major cable companies and small independent cable companies

Representation of major cable companies, as well as small independent cable companies, operating under the Communications Act, as amended by the 1984 and 1992 Cable Acts, and the 1996 Telecommunications Act. Read more

Citizens for Responsibility and Ethics in Washington v. U.S. Dep't. of Homeland Security

Represented National Security Archive as amicus curiae, on pro bono basis, in support of lawsuit brought under FOIA to compel Department of Homeland Security and Secret Service to publicly disclose records reflecting the identities of persons who visited the President and Vice President.

Corporate transaction for XO Interactive

Represented provider of interactive voice response and related services in negotiating services agreements with more than 100 purchasers.

C-Span v. FCC

Represented consortium of cable television networks, as amici curiae, in support of constitutional challenge to FCC leased access regulations.

DirecTV, Inc. v. Treesh, Commissioner of the Revenue

Represented Kentucky Cable & Telecommunications Association, as amicus curiae, in federal district court and court of appeals, in support of successful defense of constitutional challenge (under Commerce Clause) by DBS operators to Kentucky sales and excise tax equalization legislation.

Drafted comments on 'automatic roaming' for wireless carrier clients

Drafted comments on proposed Federal Communications Commission rules requiring 'automatic roaming' arrangements among technically compatible wireless carriers; successfully lobbied FCC to adopt client's position on automatic roaming.

FCC rulemaking proceedings for coalitions of cable television program networks

Regularly represents coalitions of cable television program networks in rulemaking proceedings before the FCC in opposing efforts to impose regulations that would undermine program networks' economic model and significantly restrict their distribution.

FCC rulemakings for communications companies

Represented communications companies in a number of FCC rulemakings including those relating to special access, intercarrier compensation, numbering, local number portability and telemarketing.

Franchise negotiations for TCI, AT&T Broadband, Charter Communications

Negotiated hundreds of franchise renewals for a variety of cable companies, including Seattle and King County, Wash., West Covina, Calif., Denver Metro Consortium, Colo., and West Palm Beach, Fla. The negotiations ended in favorable business arrangements and long-term franchise renewals for the companies.

Franchise review and transfer for Adelphia Communications and Charter Communications

Reviewed thousands of cable franchisees for Adelphia and Charter and determined whether local regulatory consent would be required for a variety of different transactions. A variety of complex information was summarized and entered in databases for the clients.

Franchise transfer project for Adelphia Communications

Represented Adelphia Communications in the sale of its cable systems out of Chapter 11 bankruptcy to Time Warner and Comcast Communications. Managed the team that handled the regulatory aspects of the transaction, including obtaining consent from more than 1,600 local municipalities.

Franchise University government relations training program for Charter Communications

Created the curriculum and materials and provided instruction for a national provider of broadband services' first training program for government relations employees. This three-day program has become the provider's premier annual training program. Developed additional curriculum and materials and provided instruction for subsequent Franchise University programs.

Grieco v. Woman's World Magazine

Represented magazine in successfully dismissing libel and invasion of privacy claims arising from use of stock house photo to illustrate article about divorce.

Hart Scott Rodino premerger clearances

Obtained numerous Hart Scott Rodino premerger clearances from the U.S. Department of Justice and Federal Trade Commission for acquisitions or mergers involving cable television companies, Internet access businesses, movie rental companies, and others.

Hatfill v. United States

Represented media amici in D.C. Circuit challenging contempt against former USA Today reporter for refusing to reveal confidential sources in Privacy Act case. (D.C. Cir.)

In re Pappas Telecasting, Inc.

Represented the Trustee in Bankruptcy as special communications counsel in the bankruptcy of Pappas Telecasting Companies, handling all regulatory representation of 25 television stations, assignment of stations' licenses, and other communications issues relating to the wind-up of the bankruptcy estate.

In the matter of Adelphia Communications Corp.

Represented Adelphia Communications Corp. in defense of a nationwide federal contract debarment action brought by U.S. Department of the Air Force and the U.S. General Services Administration, obtaining complete rescission of the debarment.

Intercarrier compensation dispute for three wireless providers

Represented three wireless providers in Southern District of California litigation arising out of an intercarrier compensation dispute; obtained dismissal of complaint.

Intercarrier compensation rules

Arguments in U.S. District Courts (Arizona, Washington, Oregon) on appeal from state administrative agency orders establishing intercarrier compensation rules to be applied as between Qwest Communications and various competitive local exchange carriers.

Interconnection agreement for landline and wireless competitive local exchange carrier

Handled negotiation and arbitration of interconnection agreement under the Telecommunications Act of 1996 for landline and wireless competitive local exchange carrier with incumbent local exchange carrier in Puerto Rico.

Interconnection arbitration for two wireless carriers

Represented two wireless carriers in an interconnection arbitration against 11 rural local exchange carriers before the California PUC; prevailed on all issues.

Interconnection strategy development for wireless carrier

Developed a strategy for a wireless carrier to address rural carrier demands for interconnection in more than 20 states.

Intrastate access charges litigation for competitive local exchange carrier

Successful litigation defending competitive local exchange carrier's intrastate access charges against claims from Sprint long distance that such charges were unreasonably high under state law.

iPCS v. Sprint

Represented third-party in case attempting to block merger, including discovery and injunction issues. Case settled.

Knight v. E! Entertainment

Represented television network in copyright action alleging unauthorized use of a photograph.

Legal and regulatory implications of mobile content offerings for a major search engine

Advised a major search engine on legal and regulatory implications of its mobile content offerings.

Leiber, et al. v. Grokster, Ltd.

Represented a class of songwriters and music publishers in Grokster copyright infringement action against peer-to-peer file-sharing services. Plaintiffs obtained unanimous decision from the U.S. Supreme Court ruling that defendants could be held liable for inducing copyright infringement. (C.D. Cal., 9th Cir., U.S.)

Litigation for Bright House Networks

Successfully prosecuted claim (along with two co-plaintiffs) that Verizon Communications had violated FCC rules, and provisions of the Communications Act, limiting Verizon's ability to use, in order to market its own services, information it obtains from competitors as part of the process of transferring customers to those competitors.

Litigation for telecommunication providers

Administrative arbitration proceedings and appeals in federal courts around the country.

Liu Tai Ying v. Ying Chan

Successfully represented Chinese-American journalist in securing dismissal of criminal libel charges in landmark decision that recognized important protections for the press under Taiwan's constitution.

Love v. Kwitny

Defended publisher St. Martin's Press and author in defamation and copyright infringement suit arising from extensive use of plaintiff's unpublished manuscript in book on U.S. foreign policy. Secured summary judgment dismissing defamation claims. After trial on copyright claim, damages of less than $2,000 awarded and injunctive relief denied.

National technology platform for interactive television for cable MSOs, NCTA, CableLabs

Negotiation of the multi-industry contract and licensing for delivering interactive 'Tru2way' digital television through common middleware.

New media content distribution transactions*

On behalf of content owners, handled deals for and advised on distribution of video content and creation of branded channels on Internet platforms such as Hulu, Joost, and AOL Video.

Obtained 'eligible telecommunications carrier' status for wireless carrier

Helped obtain favorable legislation, then conducted administrative litigation under that legislation to obtain designation for wireless carrier as an 'eligible telecommunications carrier' in the United States Virgin Islands.

Outdoor Life Network and Speedvision Network v. Echo Star Communications

Represented cable television networks in lawsuit arising from DBS distributor's breach of networks' distribution contract, resulting in favorable settlement.

Oz Technology v. Maryland Public Television et al.

Obtained dismissal of false light/defamation case against Speedvision Network.

Plug-and-play' negotiations for the cable industry

Represented the cable industry in the two-way 'plug-and-play' negotiations between the cable industry and the consumer electronics and IT industries.

'Plug-and-play' regulations and technology licensing agreements for cable MSOs, NCTA, CableLabs

Facilitated the negotiations between the cable industry and the consumer electronics and IT industries, leading to the FCC's 'plug-and-play' regulations and technology licensing agreements with the consumer electronics industry. Handled rulemaking comments and ex partes leading to FCC revision of its 'CableCARD' bundling, and set-top output rules in 2010. Handled FCC Notice of Inquiry comments and ex partes concerning 'AllVid' proposal. Assisting MSOs with new CableCARD notices.

Plyman et al. v. Century Venture Corp.

Obtained dismissal for major cable television operator, Century Cable, of consumer class action alleging illegal collection of franchise fees and billing overcharges.

Private arbitration claim for cable operator-competitive local exchange carrier

Defended private arbitration claim brought by an incumbent local exchange carrier against a cable operator-competitive local exchange carrier regarding charges under the parties' interconnection agreements for use of network interface devices on customer premises.

Publishing transactions for Newsweek Budget Travel

Numerous publishing deals, including the production of the magazine's book, 'Secret Hotels.'

Re-regulation under the 1992 Cable Act for cable MSOs, NCTA

Part of the NCTA legal team to steer the industry through re-regulation under the 1992 Cable Act.

Rohn v. Cingular Wireless, LLC, et al.

Obtained dismissal for defendant wireless telephone carrier, Centennial de Puerto Rico, of class action alleging violation of federal number portability requirements.

Scott v. Cingular*

Amicus representation of CTIA (the wireless industry association) before the Washington Supreme Court.

Set-top box waiver for cable operators

Obtained waivers for 10 cable operators from the FCC's ban on the deployment of integrated set-top boxes.

Shin Corp. v. Supinya Klangnarong

Led amici effort by international media lawyers that helped secure dismissal of criminal libel charges lodged against media advocate and Thai newspaper that had criticized company controlled by family of Thailand's prime minister.

State 'level-playing field' franchise law for state cable and telecommunications associations

Along with the Florida Cable Telecommunications Association team, negotiated and wrote the first state 'level-playing field' franchise law.

T.V. Signal Company of Aberdeen v. AT&T et al.

Represented cable television operator in successful antitrust litigation, obtaining judgment establishing Sherman Act liability against AT&T and its subsidiary Northwestern Bell based on essential facilities and bathtub conspiracy claims.

Telecommunication regulation for telecommunication providers

Represented the first nationally known VoIP provider in successful campaign to pre-empt state regulators from imposing state telecom regulation on the provider's VoIP service; Mike Sloan conceived and developed the strategy and drafted the petition that led to the FCC's definitive preemption ruling.

The Auto Channel v. Speedvision Network et al.

Obtained dismissal of all theft of concept and antitrust claims against defendant Speedvision Network.

The Local Church et al. v. Harvest House Publishers

Represented cable television network operator and publisher, Inspiration Networks, as amicus curiae, in support of publisher's successful First Amendment defense of defamation action brought against publisher for including discussion of plaintiff religious organization in book on religious cults.

Trademark representation

Trademark representation for multiple clients in the publishing, media and entertainment industries including:

  • Sesame Workshop
  • Martha Stewart Living Omnimedia
  • Wenner Media
  • Crumbs Holdings
  • Filmdistrict Holdings
  • Sourcebooks

Providing management and maintenance of domestic and foreign trademark portfolios including clearance, prosecution, licensing and claims/disputes. Brand management and strategy.

United States v. Playboy Entertainment Group, Inc.

Lead counsel for Playboy Entertainment Group in a successful challenge to a provision of the Telecommunications Act of 1996 that restricted Playboy Television. This case established that cable television networks are fully protected by the First Amendment. (U.S.)

Xiu Xiu v. Rolling Stone

Represented magazine in right of publicity claim.
* Denotes experience completed at a prior firm
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