Elizabeth "Lizzie" Seidlin-Bernstein's practice focuses on defamation, privacy, and intellectual property counseling and litigation. She regularly provides prepublication and prebroadcast advice to news organizations, entertainment companies, nonprofits, and other content creators. She also has experience representing journalists in seeking access to public records and court proceedings and in responding to subpoenas that would require the disclosure of privileged information and materials.
Before beginning her legal career, Lizzie worked at The New Press, where she edited books on politics, policy, and culture.
Lizzie previously was with the highly regarded First Amendment boutique law firm Levine Sullivan Koch & Schulz, which merged with Ballard Spahr in October 2017.
Experience
Representative Matters
- Successfully defended Lifetime network against claims under New York’s commercial misappropriation statute arising from a made-for-television movie based on the true story of a convicted murderer’s crime and prosecution. An appeals court ruled in favor of the network and dismissed the complaint, holding that the movie was protected from liability under the statute’s newsworthiness exception.
- Successfully defended a major streaming service against wiretap and replevin claims arising from "hot mic" audio captured during the production of a documentary series. The court denied the plaintiff’s request for a temporary restraining order to prevent use of the audio and granted summary judgment to the streaming service on all claims.
- Successfully represented the Associated Press in Bill Cosby's appeal of a trial court decision releasing discovery motions under Federal Rule of Civil Procedure 26(c) at the request of the Associated Press. The documents had previously been kept under seal for more than eight years in a civil lawsuit in which the plaintiff alleged that Cosby had drugged and raped her. The Third Circuit held that the appeal was moot because the documents had already been released and subject to extensive publicity.
Professional Highlights
Judicial Clerkships
Hon. Berle M. Schiller of the U.S. District Court for the Eastern District of Pennsylvania
Recognition & Accomplishments
The Best Lawyers in America, First Amendment Litigation, 2023
Named to Philadelphia Business Journal's 2019 "40 Under 40" list, in recognition of professional excellence and outstanding community involvement
Speaking Engagements
"United States v. Sealed Search Warrant," New York City Bar Committee on Communications & Media Law, September 29, 2022
"Arts, Entertainment, Media and Sports Law Community Media Law Committee Meeting," District of Columbia Bar, September 14, 2022
"Internet Defamation 2022," Pennsylvania Bar Institute, June 21, 2022
Publications
"New Jersey State Court Imposes Sanctions Against Counsel for Pursuing Frivolous Defamation Claims," MLRC MediaLawLetter, September 2022
Co-author, "Florida Federal Court Releases Redacted Warrant Affidavit in Unprecedented Search of Former President Trump’s Florida Residence," MLRC MediaLawLetter, August 2022
Co-author, "Survey of Virgin Islands Libel Law," MLRC Media Libel Law 2021-2022 50-State Survey
"The First Amendment Is for #MeToo," New Jersey Lawyer, December 2020
"Pennsylvania's Outdated Defamation Law," The Pennsylvania Lawyer, September/October 2017
Credentials
Education
New York University School of Law (J.D. 2009)
Executive Editor, New York University Law Review
Robert McKay Scholar
Dean’s Award
Deborah Rachel Linfield Fellowship in Freedom of the Press
Brown University (B.A. 2003, magna cum laude)
Managing Editor, The College Hill Independent
Head Writing and Rhetoric Fellow
Languages
Spanish
French
Admissions
Pennsylvania
New York
New Jersey
U.S. District Courts for the Southern, Eastern, and Northern Districts of New York
U.S. District Courts for the Eastern, Western, and Middle Districts of Pennsylvania
U.S. District Court for the District of New Jersey