ATTORNEY ADVERTISING. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
PRIOR CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN FUTURE CASES.
Education

  • The University of Chicago Law School (J.D. 1998)

  • University of Virginia (B.A., with high distinction, 1994)

Memberships & Affiliations

  • ABA Forum on Communications Law, Governing Committee

  • ABA First Amendment and Media Litigation Committee (past-Co-Chair)

  • ABA Women in Communications Law Committee (past-Co-Chair)

  • Media Law Resource Center, Entertainment Law Committee (past-Chair)

  • Fordham University School of Law, Adjunct Professor
  • New York University, School of Continuing and Professional Studies, Instructor

Honors & Distinctions

  • Recognized by Chambers USA as a leading lawyer of the nationwide First Amendment bar and a leading lawyer in Media and Entertainment in New York

  • Recognized by Best Lawyers as one of the preeminent Media lawyers in New York

  • Recognized as a New York Super Lawyer in Media & Advertising and Entertainment & Sports

Selected Publications

  • Flowerpot to SecureDrop: Promoting Anonymity While Preserving the Bartnicki Principle, Communications Lawyer (Fall 2015) (with M. Schafer)

  • Lessons from DOJ's 1st Annual Media Subpoena Report, Law360 (Sept. 22, 2015) (with M. Schafer)

  • A Comparative French and U.S. Law Approach to Scènes à Faire and Other Non-Protectable Elements in Copyright Law, Propriétés Intellectuelles (Jan. 2009)

Katherine M. Bolger

Kate is an experienced First Amendment and media litigator who has represented news and entertainment companies in a broad spectrum of content-related matters, ranging from investigative journalism to coverage of celebrities. In addition to defending media clients in court, Kate regularly counsels newspapers, magazines, and book publishers about pre-publication issues and advises authors on contract, electronic publishing, and intellectual property matters.

Chambers USA reports that clients have described Kate as a “phenomenal lawyer” who is “a very sharp, very tough litigator” and offers “first-rate analyses and beautiful writing.”

Prior to joining LSKS, Kate was a partner at Hogan Lovells, where she co-chaired the media litigation and counseling practice group.

Notable Matters

Ventura v. Kyle, 825 F.3d 876 (8th Cir. 2016). Kate and her LSKS colleagues successfully represented the estate of the late Chris Kyle, a sniper for the Navy SEALs, and secured the appellate reversal of a $1.85 million jury verdict in favor of former Minnesota governor and professional wrestler Jesse Ventura for unjust enrichment and defamation. The court held that there is no valid claim for unjust enrichment in the context of an alleged defamation and remanded Ventura’s defamation claim for a new trial.

In re The Wall Street Journal (4th Cir. 2015). Representing a coalition of media and non-profit organizations, Kate, together with Dave Schulz, led a team of LSKS lawyers to obtain a decision from the United States Court of Appeals for the Fourth Circuit vacating a gag and sealing order issued in the prosecution of West Virginia mine owner Donald Blankenship, which had blocked public access to most documents filed in the case and prohibited certain individuals connected to the case from discussing it with reporters. After the media coalition sought expedited appellate review, the Fourth Circuit directed the trial court to vacate the order, agreeing that it could not withstand First Amendment scrutiny.

Prince v. Fox Television Stations, Inc. (N.Y. Sup. Ct. 2014). Kate served as lead counsel in successfully defending Fox Television Stations in a suit brought by a business owner who, claiming his ice cream product was diet-friendly, sued for defamation and product disparagement after Fox’s New York station broadcast an investigative report about the nutritional content of the ice cream. Granting summary judgment to Fox, the court ruled that the report was substantially true and that the reporters did not act with gross irresponsibility.

Wager v. Littell, 549 F. App’x 32 (2d Cir. 2014). Kate successfully represented HarperCollins Publishers and Jonathan Littell, author of the award-winning novel The Kindly Ones, in a federal copyright infringement lawsuit brought by a plaintiff who claimed Littell had copied her late son’s unpublished manuscript. After the trial court dismissed the suit, that ruling was affirmed by the U.S. Court of Appeals for the Second Circuit, which found the plaintiff failed to allege any plausible theory regarding defendants’ access to the manuscript and that the works were not so similar that access could be presumed.

Rabinowich v. NYP Holdings, Inc. (N.Y. Sup. Ct. 2012). Kate and Rachel Strom won dismissal of claims against the New York Post brought by a rabbi who alleged that the newspaper defamed him, invaded his privacy, and caused him emotional distress by publishing an article and posting a video of him cavorting with two women who appeared to be prostitutes.

Kipper v. NYP Holdings, Inc., 12 N.Y.3d 348 (2009). Kate was part of a team that defended the New York Post in an action for defamation brought by a California “doctor to the stars.” The New York Court of Appeals affirmed the decision that the doctor was a public figure and held that he had failed to demonstrate that the Post had acted with constitutional malice.

Psenicska v. Twentieth Century Fox Film Corp., 409 F. App’x 368 (2d Cir. 2009). Kate was part of the team that defended the film Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan in a trio of cases brought by various individuals who claimed that they had been fraudulently induced to sign releases permitting the filmmakers to include them in the film. The Second Circuit affirmed the lower court’s dismissal of the lawsuit, holding that the releases correctly described the film as a “documentary-style film” and that, therefore, any alleged false promises did not render them invalid.

  • Katherine M. Bolger
  • Partner
  • PGP key ID 00919D30

    321 West 44th Street
    Suite 1000
    New York, NY 10036


Bar & Court Admissions

  • New York

  • U.S. Supreme Court

  • U.S. Courts of Appeals for the Second, Third, Fifth, Seventh, Eighth, Ninth and Eleventh Circuits

  • U.S. District Courts for the Districts of Connecticut, the Southern and Eastern Districts of New York, and the Eastern District of Pennsylvania