Jeremy A. Kutner

Associate

kutnerj@ballardspahr.com
Tel 212.850.6107
Fax 212.223.1942
New York

Mr. Kutner represents media clients in a wide range of content-related matters, including cases involving defamation, access to courts and sealed documents, intellectual property, and freedom of information laws.

Previously, he was the First Amendment Fellow at the New York Times Company, where he counseled reporters on legal issues, litigated and argued access, reporter’s privilege, and public records cases in state and federal court, and provided prepublication review.

Mr. Kutner has also worked as a news reporter before and during his legal career. His articles have been published in The New York Times, The Christian Science Monitor, and The Huffington Post, filed from around the United States and from other countries, including China, Indonesia, South Africa, Kosovo, and Colombia. He previously lived in Guangzhou, China, as a fellow with the Yale-China Association.

Mr. Kutner previously was with the highly regarded First Amendment boutique law firm Levine Sullivan Koch & Schulz, which merged with Ballard Spahr in October 2017.

Judicial Clerkship

Hon. Janet C. Hall of the U.S. District Court for the District of Connecticut

Representative Matters

  • Worked on a team that successfully defended Dow Jones & Company in a defamation action brought by a prominent Venezuelan politician over an article published in The Wall Street Journal concerning federal law enforcement investigations into drug trafficking and money laundering. The court dismissed the lawsuit in its entirety, holding that the politician had failed to adequately plead actual malice and material falsity.
  • Worked with his colleagues to successfully defend The New York Times in a defamation action brought by Sarah Palin over an editorial published following a June 2017 shooting that left a member of Congress injured. The editorial included a sentence that Palin alleged suggested a link between another shooting six years earlier and political rhetoric at the time from Palin’s political action committee. Following briefing and an evidentiary hearing, the court dismissed Palin’s suit, holding that she could not plausibly claim that The Times had published with the required actual malice.
  • Worked on a legal team that obtained dismissal of defamation claims brought by a gun-oil manufacturer against a blogger who had published several reports regarding a controversy over the manufacturer’s product. The court held that the Virginia-based plaintiff could not hale the Arizona blogger into court in its home state, reasoning that precedent in pre-internet defamation cases does not control on jurisdictional questions involving internet publishers.

Professional Activities

Federal Bar Council

New York City Bar Association
Yale Law School (J.D. 2012)
Student Director, Media Freedom and Information Access Clinic

Yale University (B.A. 2006, magna cum laude)
Magazine Editor, Yale Daily News
Phi Beta Kappa

New York

U.S. Court of Appeals for the Second Circuit

U.S. District Courts for the Southern and Eastern Districts of New York