Our experience includes these matters:

Libel, Privacy and Related Claims

  • Successfully defended a national broadcast network in a two-week libel trial based on news broadcast.
  • Represented a television advertising production company, negotiating the settlement of a right of publicity dispute with a leading 20th-century figure.
  • Represented a major national newspaper in a defamation action brought in London by a Russian businessman and former public official.
  • Represented a newspaper and won a unanimous Arizona Supreme Court decision ordering the dismissal, under the First Amendment, of an intentional infliction of emotional distress claim over a letter to the editor about the Iraq war.
  • Secured dismissal of action alleging negligent and intentional infliction of emotional distress against national cable news network over “live” airing of police chase resulting in suspect’s unanticipated suicide.
  • Successfully represented a California-based publisher in persuading the United States District Court for the District of Utah to apply California's Anti-SLAPP statute to the publisher's special motion to strike the Plaintiff's complaint.

Access to Information

  • Secured access to sealed transcript of in-chambers conference held during criminal trial for national media.
  • Represented Arizona publishers and broadcasters in several matters involving access to court records and discovery in cases concerning allegations of priest pedophilia in the dioceses of Phoenix and Tucson.
  • Obtained e-mail records sent and received by County Manager, who later pled guilty to criminal charges.
  • Drafted amicus brief for national news organizations in the Arizona Supreme Court to help secure the right of access to public-record “metadata.”
  • Securing camera coverage of civil and criminal court proceedings for local and national news organizations, including wire services, newspapers, television stations and networks. 

Reporter’s Privilege

  • Helped to establish the scope of the First Amendment journalists’ privilege in the Ninth Circuit.
  • Enforced the First Amendment journalists’ privilege by securing a protective order against the disclosure of confidential journalistic information and winning attorneys’ fees and costs in the trial court and the Ninth Circuit after further litigation to preserve the protective order became necessary.

Intellectual Property

  • Represented a cable television production company, negotiating, creating and securing music publishing rights fortelevision and radio series.
  • Represented a private investment company, advising on intellectual property due diligence in the acquisition of a leading international direct-to-consumer retailer of entertainment media, including books, music and motion pictures.
  • Represented a cable television sports network, advising on music licensing and copyright matters.
  • Represented numerous copyright owners, obtaining copyright registrations and recordations for works, including musical compositions, sound recordings, websites, multimedia works, audio visual works, books, photographs, and works of visual art.
  • Obtained published decisions from the Eastern District of New York (and an unpublished affirmance from the Second Circuit) in a trademark action involving comparative advertising on the Internet.
  • Addressing the misappropriation of name and likeness and false designation of origin in Heigl v. Duane Reade, Inc.
  • Achieving a $132 million jury verdict for copyright infringement, fraud, and breach of contract in TVT Records v. The Island Def Jam Music Group.
  • Representing a Trustee in adversary litigation in the reorganization of a record label in In re Death Row Records.
  • Addressing the alleged theft of trade secrets, unfair competition, antitrust and breach of non-compete provisions in KTNQ/KLVE, Inc. v. Humberto Luna and Spanish Broadcasting Systems.
  • Handling Racketeer Influenced and Corrupt Organizations Act (RICO) and unfair competition claims arising from alleged criminal copyright infringement in Sybersound v. UAV, et al.
  • Addressing Lanham Act issues, right of publicity claims for misuse of name and likeness in Chris Rock v. Perna Communications, et al.

Contracts and Employment Issues 

  • Represented the publisher of The Philadelphia Inquirer in a lawsuit against the paper's owners over the firing of the editor and tenure of the publisher. We successfully obtained a denial of the injunction requested by the owners and received a ruling affirming the publisher's position.
  • Served as trial counsel to sports and entertainment firm and a professional ice hockey team in a putative class action. The plaintiffs sought damages under theories of breach of contract, unjust enrichment, and violation of consumer fraud statutes involving various aspects of the sale of tickets to a special event.
  • Represented a cable television and broadband service provider in negotiating a celebrity endorsement agreement for video on demand. 
  • Addressing a breach of fiduciary duty involving television rights to The Larry Sanders Show in Garry Shandling v. Brad Grey.
  • Handling a breach of a recording contract case in Jill Scott v. Hidden Beach Records.

Advertising 

  • Represented television advertising production companies, reviewing long-form scripts for FTC compliance.