Lynn Oberlander provides counsel to companies that employ journalists, editors, authors, filmmakers, and other creative professionals in legal challenges to the broadcast, distribution, and publication of their work. Having served media companies in-house for almost 25 years, Lynn has broad experience in all content-related matters, ranging from investigative journalism to celebrity coverage to access. Lynn regularly advises on prepublication and copyright issues and she also has deep experience in the corporate and contractual issues that arise in the media industry—including those concerning intellectual property, talent, podcasting, sponsorship, and distribution.
Lynn provides general counsel services; pre-broadcast and pre-publication review; pre-production services; fair use review and analysis; newsgathering and newsroom policies; counsel on Freedom of Information Act requests and access; copyright and content litigation; and contract and licensing review, drafting, and negotiation of all types. She has particular experience with journalism that involves issues of national security as well as other types of investigative reporting.
Professional Highlights
Judicial Clerkships
Hon. John H. Pratt, United States District Court for the District of Columbia, 1991-1992
Professional Activities
Member, Task Force on Free Expression in the Digital Age, New York State Bar Association, 2019 -2021
Director, Media Law Resource Center, 2012- 2020;
Chair, January 2015-December 2018
External Advisor, MacArthur Foundation Journalism and Media Program, 2017-2018
Member, New York State Bar Association Committee on Media Law
Chair, June 2012-June 2016
Recognition & Accomplishments
BTI Consulting, "Client Service All-Star," 2023
Chambers USA, Media and Entertainment: First Amendment Litigation (New York), 2023
Witness, House Judiciary Committee Hearing: “Secrecy Orders and Prosecuting Leaks: Potential Legislative Responses to Deter Prosecutorial Abuse of Power,” June 30, 2021
Recipient, 2018 National Press Photographers Association’s Kenneth P. McLaughlin Award of Merit for outstanding service in the interest of visual journalism
Speaking Engagements
Ms. Oberlander is a frequent speaker on media law topics, including national security and espionage, newsgathering and encryption, access, defamation, copyright, ethics, and the Digital Millennium Copyright Act. Highlights include:
Panelist, “Whose Dish is it Anyway? Copyrightability of Cookbooks, Recipes, and Your Nonna’s Secret Marinara,” Copyright Society, April 7, 2022
Panelist, “Newsgathering,” Communications Law in the Digital Age, Practising Law Institute, 2014 – 2020
Keynote Speaker, Vermont Law Review Symposium, Media Law and Journalism: Protecting Democracy’s Safeguards, September 15, 2017
Keynote Speaker, “Free Speech in the Age of Terrorism, Again,” IABANY Bloomsday Celebration and John Quinn Memorial Address, June 16, 2015
Board Memberships & Community Service
YDN Foundation (Alumni board of Yale Daily News), Director, 2008-present
Board of Governors, Association of Yale Alumni, 2008-2010
The New Jewish Home, Secretary and Trustee, September 2002-present
Publications
“Protecting the Press from Prosecutorial Overreach,” NYSBA.org, August 4, 2021
“New York Affirms the Protection of Confidential Sources,” newyorker.com, December 11, 2013
“Snowden and the Journalists: Whose Papers are Safe?” newyorker.com, August 23, 2013
Credentials
Education
Columbia University School of Law (J.D. 1991)
Columbia Law Review¸ Notes and Comments Editor
Yale University (B.A., cum laude, with distinction in the major, 1987)
Admissions
New York
U.S. District Court for the Northern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. Supreme Court