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 has described her as “a vastly experienced litigator” and “an acknowledged expert in First Amendment and media law.”
Prior to joining LSKS, Kate was a partner at Hogan Lovells, where she co-chaired the media litigation and counseling practice group.
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.
Lemerond v. Twentieth Century Fox Film Corp., 2008 WL 918579 (S.D.N.Y. 2008). Kate was part of the team that defended a blockbuster movie against a lawsuit brought by an individual who claimed that the movie misappropriated his likeness because he briefly appeared in the film. The court dismissed the case, holding that the movie was newsworthy and that the use of the plaintiff’s likeness was related to that newsworthy content.