- Benjamin N. Cardozo School of Law (J.D., cum laude, 2006)
Notes & Comments Editor, Cardozo Arts & Entertainment Law Journal
Recipient of the Jacob Burns Medal for exceptional contributions to the development of the school
- Sarah Lawrence College (B.A. 2001)
- Media Law Resource Center, Next Generation Media Lawyer Committee (past-Co-Chair)
- MLRC Institute (Board of Trustees)
- New York State Bar Association, Committee on Media Law
- New York City Bar Association, Communications and Media Law Committee
- Benjamin N. Cardozo School of Law, Adjunct Professor
- Recognized by Chambers USA as an associate to watch in Media and Entertainment in New York
- Recognized as a New York Super Lawyer in Media & Advertising, Entertainment & Sports, and Intellectual Property Litigation
- “Just Do It If It's Fun”: A Talk with Judge Robert D. Sack on Media Law, Communications Lawyer (Jan. 2012)
- New CDA Cases Continue to Promote Internet Growth, Privacy & Data Security Law Journal (April 2008) (with D. Singer and A. Gallegos)
Rachel’s practice focuses on defending publishers and broadcasters in defamation, privacy, newsgathering, and copyright cases and on representing them in connection with subpoena and access matters. Rachel also provides counseling and pre-publication advice to newspapers and magazines.
Chambers USA has reported that Rachel is a “highly rated associate who is described by clients as ‘very bright and very quick.’” In addition to her legal work, she frequently writes articles addressing media law issues.
Before joining the firm in 2012, Rachel was a litigation associate at Hogan Lovells, where she was a member of the firm’s media litigation and counseling practice group. While in law school, she interned for the Honorable Faith Hochberg of the United States District Court for the District of New Jersey.
Newsday v. Town of Oyster Bay (N.Y. Sup. Ct. 2016). Rachel led a team of LSKS attorneys that represented Newsday in obtaining documents sought under New York’s Freedom of Information Law that had been withheld by the Town of Oyster Bay, New York for more than a year. In granting Newsday’s FOIL petition, the court rejected nearly all of the Town’s arguments made in support of withholding the requested materials and awarded Newsday’s fees and costs.
Fine v. ESPN (N.D.N.Y. 2016). Rachel and her LSKS colleagues successfully defended ESPN and its journalists against a defamation lawsuit brought by the wife of a prominent assistant basketball coach. The lawsuit challenged a broadcast reporting on sexual abuse allegations by a former ball boy against the coach. The coach’s wife alleged that the broadcast implied she was aware of the abuse and failed to intervene. Granting ESPN’s motion for summary judgment, the court held that the plaintiff was a limited purpose public figure and that the defendants “conducted a painstakingly thorough investigation” and did not doubt the accuracy of their reporting.
Sondik v. Kimmel, 131 A.D.3d 1041 (N.Y. App. Div. 2015). Rachel and Bob Penchina successfully defended Jimmy Kimmel and ABC against a misappropriation claim based on the use of the plaintiff’s image in a comedy sketch on Jimmy Kimmel Live. The trial court dismissed the suit and the appellate court affirmed, holding that the footage of the plaintiff was not used for advertising purposes and was a matter of public interest.
Leach v. James, 455 S.W.3d 171 (Tex. Ct. App. 2014). Rachel was part of a team of LSKS attorneys that successfully defended ESPN before Texas trial and appellate courts in a high-profile suit filed by former Texas Tech football coach Mike Leach, currently the head football coach at Washington State. The defamation, tortious interference, and civil conspiracy case against ESPN arose from its reporting about allegations that Leach had mistreated a student-athlete and claims that ESPN was responsible for Leach’s subsequent termination from Texas Tech. After the trial court granted summary judgment to ESPN on all claims and Leach appealed the dismissal of his tortious inference claim, the court of appeals affirmed the lower court’s decision.
Rabinowich v. NYP Holdings, Inc. (N.Y. Sup. Ct. 2012). Rachel and Kate Bolger 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.
Psenicska v. Twentieth Century Fox Film Corp., 409 F. App’x 368 (2d Cir. 2009). Rachel 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 film to use their appearances. 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.
- Rachel F. Strom
- 321 West 44th Street
New York, NY 10036
Bar & Court Admissions
- New York
- U.S. Courts of Appeals for the Second and Fourth Circuits
- U.S. District Courts for the Southern, Eastern, and Northern Districts of New York and the District of Massachusetts