 Once again, LSKS and its lawyers have been recognized by clients in the media and entertainment industry as leaders in the field. The 2010 edition of Chambers USA: America’s Leading Lawyers for Business – an annual survey of corporate legal officers and other attorneys – included the firm and seven LSKS attorneys in its national and regional rankings. The publication described the firm as “a behemoth in the First Amendment field” and noted that its “considerable expertise in libel, defamation and privacy law is complemented by its impressive experience in IP and contract cases.” Lee Levine, Michael Sullivan, Dave Schulz, and Tom Kelley were identified among the top First Amendment litigators in the nation and as leading media and entertainment lawyers in their respective cities. Seth Berlin and Nathan Siegel were each singled out as leading media and entertainment counsel in the District of Columbia, and Chris Beall was recognized as one of Colorado’s top intellectual property attorneys. Click on the following links to read the Chambers USA commentary on: the firm’s national First Amendment practice, its Media & Entertainment practices in New York and D.C., and its Intellectual Property work in Colorado.
JUNE 15, 2010
On June 12, 2010, Denver partner Steve Zansberg was a panelist at the annual convention of Investigative Reporters and Editors, Inc. in Las Vegas. Zansberg discussed the latest legal developments in access to government records under state and federal freedom of information acts, focusing particularly on how new notions of “personal privacy” are being asserted to block disclosure of public records. The “Tip Sheet” for his remarks is available here.
JUNE 12, 2010
The Pennsylvania Commonwealth Court has held that the state’s new Right to Know Law mandates the disclosure of all records directly related to activities contracted out to private entities. The court specifically concluded that “all contracts that governmental entities enter into with private contractors necessarily carry out a ‘governmental function’ – because the government always acts as the government.” In so holding, the court assured that government entities cannot evade the disclosure requirements of the open records law by outsourcing their activities to private entities. In East Stroudsburg University Foundation v. Office of Open Records, a reporter for The Pocono Record sought records relating to the fundraising and management activities of a university foundation, activities once performed by the university. In a 7-0 ruling, the court concluded that the paper was entitled to all records requested from the Foundation, including donor lists and files and board of director meeting minutes. In a procedural aspect of the decision, the court also determined that arguments not raised in the administrative proceedings before the newly created Office of Open Records are waived and cannot be raised on appeal. LSKS attorneys Gayle Sproul, Christopher Beall, Ashley Kissinger, and Katharine Larsen represented The Pocono Record, a Dow Jones publication, and its education reporter, Dan Berrett.
MAY 24, 2010
In a significant reaffirmation of the constitutional and common law protections afforded to statements that cannot “reasonably be interpreted as stating actual facts” or otherwise lack “a provably false factual connotation,” a Virginia federal court granted a motion to dismiss a defamation claim brought against two LSKS clients. In Arthur v. Offit, the U.S. District Court for the Eastern District of Virginia ruled on March 10 that quoting a key figure in a controversy about science as saying that one of his adversaries in the debate “lies” does not give rise to a claim of defamation. The case arose out of a brief passage in a Wired magazine cover story entitled “An Epidemic of Fear: One Man’s Battle Against the Anti-Vaccine Movement,” which profiled Dr. Paul Offit, a Philadelphia pediatrician and vaccine inventor who has become an outspoken advocate of widespread, mandatory inoculation. The plaintiff runs an organization that opposes universal vaccination, including because of perceived links to childhood disorders like autism and, as described in the article, has been one of the doctor’s harshest critics. In the article, the doctor is quoted as saying that “‘Kaflooey theories’ make him crazy” and that the plaintiff “makes him particularly nuts, as in ‘You just want to scream’” because “She lies.” The court held that the statement “She lies” was a non-actionable expression of opinion because, in context, it could not be viewed as an assertion of fact that was susceptible to objective verification, but rather must be “understood as an outpouring of exasperation and intellectual outrage over Plaintiff’s ability to gain traction for ideas that Dr. Offit believes are seriously misguided.” LSKS attorneys Michael Sullivan, Seth Berlin, and John O’Keefe represented Wired publisher Condé Nast Publications Inc. and the freelance author of the article, Amy Wallace.
MARCH 18, 2010
Reaffirming both the qualified testimonial privilege afforded to journalists by the First Amendment and the importance of protecting third parties from unreasonable burdens in civil discovery, a federal court in Washington, D.C., has held that a former reporter for The New Yorker magazine cannot be deposed about his interviews with an Israeli settler who is suing the Palestinian Authority under the U.S. Anti-Terrorism Act. On March 15, 2010, the United States District Court for the District of Columbia granted the motion of reporter Jeffrey Goldberg to quash a subpoena served on him by the Palestinian Authority. In re Subpoena to Jeffrey Goldberg, --- F. Supp. 2d ----, 2010 WL 893661 (D.D.C. 2010) (Facciola, M.J.). In so ruling, the court flatly rejected the Palestinian Authority’s argument that the privilege did not apply to the testimony sought from the reporter and expressly affirmed that federal courts in the District of Columbia recognize a qualified privilege in civil actions for reporters to refuse to give evidence that would reveal even their non-confidential journalistic work product. The Palestinian Authority had sought Goldberg’s testimony on grounds that it would reveal an alleged anti-Arab “bias” by the Israeli settler. The court said such evidence was not sufficiently important to the case and that the Palestinian Authority had not shown it was unable to obtain the same information by other means. Goldberg was represented by LSKS attorneys Lee Levine, Betsy Koch, and John O’Keefe.
MARCH 15, 2010
On March 8, 2010, Chris Beall and Steve Zansberg appeared as panelists, alongside investigative reporter Tony Kovaleski of Denver’s KMGH-TV and Laura Frank of the Rocky Mountain Investigative News Network, to discuss access to information under Colorado’s Open Records Act. The panel, entitled, “Digging for the Truth: Investigative Reporting,” was held at the Denver Press Club and presented jointly by the Colorado chapter of the Society of Professional Journalists and Colorado Press Women. The panelists explored creative ways journalists can access government-held information in tough economic times.
MARCH 8, 2010
On February 26, 2010, Tom Kelley and Steve Zansberg presented a two-hour session surveying recent developments in Colorado libel law, invasion of privacy claims, and access to information under Colorado's Open Records Act and Open Meetings Law at the annual convention of the Colorado Press Association. LSKS serves as counsel for the Colorado Press Association and provides counsel and advice to CPA member newspapers on open meetings and open records issues.
FEBRUARY 26, 2010
LSKS partner Chris Beall gave a presentation at the January meeting of the Mile High Association of Legal Support Staff (in Colorado) on the evolution of First Amendment law in recent years, titled “The First Amendment in the Era of Wardrobe Malfunctions, Sexting Celebrities, and Internet Bullying.” The talk explored the tension under the free speech protections of the First Amendment arising from community outrage stemming from incidents of indecency and invasion of privacy on the internet and in live television broadcasts.
JANUARY 12, 2010
LSKS partner Ashley Kissinger gave a presentation at the California Cyberspace Law Committee’s monthly meeting on the topic of “Untangling the Legal Labyrinth: Protections for Anonymous Online Speech.” The presentation arose out of an article by the same name, co-authored by Ms. Kissinger and LSKS associate Katharine Larsen, that will shortly be published in the Journal of Internet Law. That article was, in turn, adapted from a paper by the same authors entitled “Shielding Jane and John: Can the Media Protect Anonymous Online Speech?,” published in the July 2009 issue of Communications Lawyer and available at our website here.
JANUARY 12, 2010
A Colorado District Court granted LSKS’s motion to dismiss a libel case that was filed on behalf of a national financial journalism publisher and two of its newspapers. Plaintiffs were five individuals who were indicted on charges of federal mail and wire fraud; they sued the newspaper publisher claiming they were defamed by an article reporting on the indictment. The court found that the article was a substantially accurate or “fair report” of an official judicial proceeding – the return of an indictment in open court – and was therefore absolutely privileged. The Court also found that the article’s statement of the criminal penalties available under federal law, though not contained in the indictment, was accurate and therefore could not form the basis for a libel claim. The defendants were represented by LSKS attorneys Tom Kelley and Steve Zansberg.
DECEMBER 30, 2009
LSKS won an access victory for its client Newsday when Judge Hurley of the U.S. District Court for the Eastern District of New York issued an order allowing Newsday’s reporter to participate in a visit to the jail by the judge presiding over a “strip search” class action litigation brought against Nassau County jail officials. Addressing what was essentially an issue of first impression, the court determined that the constitutional right of access to court proceedings extended to a jail visit conducted as part of its judicial fact-finding, and that county officials opposing access had failed to make the necessary showings to defeat Newsday’s right to attend. Newsday was represented by David A. Schulz, Amanda M. Leith and John B. O’Keefe.
DECEMBER 9, 2009
Following a two-week jury trial, LSKS lawyers Chris Beall and Adam Platt obtained a jury verdict in favor of a former radio talk-show host and investigative internet journalist, Michael L. Zinna, who had brought a First Amendment retaliation claim against the former chairman of the Jefferson County Board of County Commissioners in Colorado. Mr. Zinna claimed that the commission chairman orchestrated a campaign of retaliation against him as a result of Mr. Zinna’s unflattering coverage and commentary on the county and the county commission. The retaliatory acts included the creation of an attack website where information collected by private investigators hired by the county attorney’s office was posted, including interceptions of Mr. Zinna’s wireless email communications. During the trial, the court ruled that Mr. Zinna would not be permitted to recover economic damages for the retaliation because his radio shows and website were not making a profit at the time of the retaliation. As a result, the jury was asked to determine an amount of non-economic damages that would be sufficient to vindicate the interests of the First Amendment. During the jury’s deliberations, the presiding juror sent a note to the Court asking when the First Amendment was adopted. After the Court instructed the jury that the First Amendment was adopted with the rest of the Bill of Rights in 1791, the jury returned with its verdict in favor of Mr. Zinna, awarding him $1,791. As the prevailing party in a civil rights action, Mr. Zinna is entitled to seek a further award of his attorneys’ fees under 42 U.S.C. § 1988(b).
DECEMBER 9, 2009
LSKS attorneys successfully defended BET in an action alleging breach of contract and fraud brought by C4 Pictures, one of two companies that had served as executive producer for the first season of the BET reality television series “Baldwin Hills.” After BET exercised its option to renew the other production company, C4 brought suit to get a share of payments made to the other producers for the second and third seasons of the show, as well as payments for a subsequent series, “Harlem Heights, ” which C4 Pictures claimed was a spin-off or sequel to “Baldwin Hills.” The court granted BET’s motion to dismiss the action.
DECEMBER 9, 2009
LSKS attorney Michael Berry defeated an emergency motion seeking to enjoin an evening news broadcast reporting on women’s complaints that a website improperly posted compromising photos and videos of them. After hearing argument from Mr. Berry, the judge advised plaintiff’s counsel that the motion would be denied. Plaintiff’s counsel withdrew the motion, and the report was broadcast as scheduled.
NOVEMBER 23, 2009
On October 22, 2009, LSKS attorneys Nicole Auerbach, Michael Berry, Alia Smith and Steve Zansberg presented an “Online Legal Issues Update” at a luncheon seminar in New York for LSKS clients. In a panel discussion moderated by Lee Levine, the panelists discussed a series of real-world hypothetical scenarios as the vehicle to consider myriad legal issues arising from hosting, editing, and soliciting third-party content; providing links to potentially infringing material; taking fair use into account in sending DMCA take-down notices; responding to subpoenas to unmask anonymous posters; and potential liability exposure for accessing and publishing information posted online only to a select group of invitees. The seminar provided updates on the evolving case law surveyed at last year’s two-day seminar on online legal risks. The firm’s two prior annual client seminars addressed reporting on national security and the e-discovery rules in the context of litigation involving the media.
NOVEMBER 23, 2009
The U.S. Court of Appeals for the Second Circuit has rejected an attempt to overturn a jury verdict for The New York Times in a copyright infringement action brought by a freelance photographer who alleged that the newspaper had no right to publish approximately one hundred of his photographs on the Times’ web site. The Second Circuit’s decision in Dallal v. New York Times Co., 2009 WL 3680501, came one week after oral argument. In a seven-page summary order issued November 5, 2009, the court affirmed a unanimous jury verdict for the Times entered in late 2007. The Times was defended by LSKS at trial and on appeal.
NOVEMBER 23, 2009
A. Zack Rosenblum has joined LSKS as an associate in its New York office. Mr. Rosenblum is a 2009 graduate of the Emory University School of Law, where he served as Director-In-Chief of the Emory Law School Moot Court Society. He previously worked as a summer associate in the New York office of Heller Ehrman LLP. Mr. Rosenblum has passed the bar examination in New York and is awaiting admittance. To learn more about Mr. Rosenblum, please click here.
NOVEMBER 9, 2009
The 2010 edition of The Best Lawyers In America includes LSKS partners Seth Berlin, Lee Levine, Nathan Siegel, and Michael Sullivan of the firm’s Washington DC office; David Schulz of the firm’s New York office; and Chris Beall, Tom Kelley, and Steve Zansberg of the firm’s Denver office. The Best Lawyers In America, which describes itself as “the preeminent referral guide to the legal profession,” chooses lawyers for inclusion based solely on a vote of their peers.
NOVEMBER 6, 2009
A Colorado Municipal Court judge has granted the motion to quash a subpoena issued to a Colorado newspaper that sought the identity of an individual who allegedly had been an eyewitness to the municipal ordinance violation (trespass) with which the defendants have been charged. Anti-tax crusader Doug Bruce faces criminal trespass charges for having refused to leave the premises of a Costco store where he and a co-defendant were gathering signatures for a local ballot initiative. A person using the moniker “lucius” posted a comment to a story detailing Bruce’s arrest, in which “lucius” indicated (s)he observed the two men gathering signatures and commented that they did not interfere with pedestrians or engage in any harassing conduct. Bruce served a subpoena on The Gazette newspaper to obtain any registration or other identifying information for “lucius” to be called as a defense witness at the trial. The court granted The Gazette’s motion to quash that subpoena, finding that the grounds asserted by the newspaper – Colorado’s Press Shield Law and the First Amendment – compelled the court to protect the identity of the anonymous poster. The Gazette was represented by LSKS attorneys Steven Zansberg and Ashley Kissinger.
OCTOBER 27, 2009
At its annual Carle Whitehead Memorial Dinner on October 17, 2009, the ACLU Foundation of Colorado bestowed its 2009 Edward Sherman Award to Denver-based LSKS attorneys Steve Zansberg and Chris Beall for their role in leading the ACLU legal team that defended the right to free speech during the 2008 Democratic National Convention in Denver. Beall and Zansberg represented a dozen national and Colorado organizations in a suit challenging the restrictions imposed by the United States Secret Service and the City and County of Denver on parades, public demonstrations, and other peaceable assembly during the national political convention in August, 2008. Click here for a short video presentation about their efforts.
OCTOBER 18, 2009
LSKS partner Bob Penchina participated in a panel discussion on the Digital Millennium Copyright Act presented at the Fall Meeting of the Intellectual Property Section of the New York State Bar Association on October 17. The presentation was entitled “DMCA – Then and Now,” and covered how the DMCA has been applied and how it is being applied to social networking, blogs, vlogs, webcasting and other new mediums of communication and business.
OCTOBER 17, 2009
The New York Appellate Division affirmed a decision dismissing libel claims against The News-Review and its editor for their reports and commentary on the plaintiff’s application for New York Department of Environmental Conservation permits and his previous criminal conviction. The appeals court held that the publications were privileged as fair and accurate reports of judicial proceedings, concluding that the privilege extends to reports derived from secondary sources, such as newspaper articles, and not just to reports based on first-hand observations of the proceedings. A copy of the decision can be found here. LSKS attorneys David Schulz and Michael Berry represented the newspaper and its editor.
OCTOBER 6, 2009
A New York Supreme Court granted LSKS’s motion to dismiss filed on behalf of a public relations firm. Plaintiff sued the public relations firm along with his former employer, asserting causes of action ranging from defamation to invasion of privacy and tortious interference. The claims were based on a statement the firm had issued on the employer’s behalf concerning plaintiff’s termination. The court found that plaintiff’s own admissions established the truth of the challenged statement, thus negating his claims for defamation and tortious interference, and held that New York law does not recognize the invasion of privacy causes of action that plaintiff attempted to allege. The defendant public relations firm was represented by LSKS attorneys David Schulz and Amanda Leith.
OCTOBER 1, 2009
LSKS successfully defended Newsday in a libel lawsuit filed in New York state court. The suit arose out of an in-depth investigative news report published by Newsday in that centered around the plaintiffs’ dubious real estate and mortgage lending practices, which were the subject of several pending lawsuits. Plaintiffs’ alleged that the article contained false or inaccurate statements. Affirming that “New York courts have long-favored dismissal of a libel claim at the outset to safeguard freedom of the press,” the court granted defendant’s motion to dismiss, finding that all of the challenged statements were either privileged, non-defamatory or both. LSKS attorneys David Schulz and Amanda Leith represented Newsday.
SEPTEMBER 28, 2009
The Second Circuit affirmed summary judgment for LSKS client American Media, Inc., in a trademark and unfair competition case brought against AMI by “Sly,” an online publication devoted to women’s shoes. The Court held that there was no “likelihood of confusion” between the plaintiff’s fashion-oriented website and the AMI-published (now defunct) SLY magazine, a print publication that reflected the lifestyle of its founder, Sylvester “Sly” Stallone. Despite their similar names, the publications were marketed to different readers, appeared in different media, and used different script, font, and layout in their designs, the appeals court concluded.
SEPTEMBER 23, 2009
On August 28, LSKS attorney Adam Platt conducted a newsroom seminar for the staff of the CUindependent, an internet-only newspaper covering the University of Colorado. The presentation focused upon avoiding common legal pitfalls in covering the news.
AUGUST 28, 2009
A federal district court in Colorado granted a motion to dismiss all claims for invasion of privacy filed by LSKS attorneys on behalf of a national cable television network. The suit alleged that a cable television program on prison gangs, that included a brief video clip of the plaintiff, a federal prison inmate, engaged in a fight on the prison recreation yard, violated the plaintiff’s privacy through intrusion, publication of private facts, and misappropriation of the plaintiff’s likeness. The court dismissed all of the plaintiff’s privacy claims, finding that the documentary and the video clip of the plaintiff “addressed matters that are newsworthy or of legitimate public concern” and thus protected by the First Amendment. LSKS attorneys Tom Kelley, Steve Zansberg and Adam Platt represented the national cable television network.
AUGUST 21, 2009
The United States Court of Appeals for the Second Circuit affirmed a decision dismissing copyright infringement and Lanham Act claims against ABC Records arising from a songwriter’s assertion that she was the author of songs that ABC had distributed. The trial court dismissed those claims as time-barred, and the Court of Appeals agreed. LSKS attorneys Robert Penchina and Michael Berry represented ABC on appeal.
AUGUST 19, 2009
A federal district court in New York granted a motion to dismiss brought by LSKS attorneys on behalf of The Phoenicia Times, its publisher and its editor, who were alleged to have engaged in a conspiracy to defame and violate the due process rights of a local man. The suit alleged that the newspaper conspired with local law enforcement by supposedly printing false information in an effort to bias a grand jury against him. The court dismissed the civil rights claims, finding that the complaint alleged no “state action” by the newspaper, and then dismissed the defamation claim based on lack of subject matter jurisdiction. LSKS attorneys David Schulz and Amanda Leith represented The Phoenicia Times.
AUGUST 19, 2009
LSKS partner Bob Penchina spoke on the federal Unlawful Internet Gambling Enforcement Act (UIGEA) and related issues at the Saratoga Institute on Racing and Gaming Law, presented by the Government Law Center of Albany Law School on August 4. The presentation covered application of UIGEA and Treasury Department regulations promulgated under that statute to the horseracing industry and explored current legislative proposals to legalize online poker and internet betting on games of skill.
AUGUST 4, 2009
The Legal Intelligencer and Pennsylvania Law Weekly have named LSKS attorney Michael Berry as a “Lawyer on the Fast Track.” The award recognizes 30 attorneys in Pennsylvania under 40 years of age whom the newspapers’ editorial staff and a panel of judges consider to be the future leaders of the state’s legal community.
AUGUST 3, 2009
The American Bar Association’s publication Communications Lawyer has published an article entitled “Shielding Jane and John: Can the Media Protect Anonymous Online Speech?” authored by LSKS attorneys Ashley Kissinger and Katharine Larsen. The article comprehensively discusses the standards courts are developing to determine when an online speaker’s right to anonymity is trumped by a litigant’s right to a remedy, and offers tips to media entities moving to quash subpoenas seeking online posters’ identities. To read the article, click here.
JULY 30, 2009
The Maryland Court of Special Appeals affirmed the right of Baltimore’s WBAL-TV to obtain a copy of a videotaped confession that was played to the jury in a high-profile murder trial. The decision addressed several questions of first impression in Maryland concerning the standard to be applied to press requests to copy video and audio evidence, and affirmed a strong presumption of access. The Court also rejected the contention that, in cases where family members of a crime victim object to access, a recent victims-rights amendment to the Maryland Constitution overrides the presumption of access. WBAL was represented by LSKS attorney Nathan Siegel.
JULY 17, 2009
In its annual “Client’s Guide” to “America’s Leading Lawyers for Business,” Chambers and Partners has again rated LSKS among the leading firms in its areas of practice. Recognizing LSKS’s depth of expertise counseling companies in the news, information, and entertainment industries, the 2009 edition of Chambers USA noted that: “The 26-strong media team at Levine Sullivan Koch & Schulz LLP enjoys an incredible reputation across the country, with a number of its attorneys deemed to be among ‘the brightest and the best,’ with superb practices.” Four LSKS attorneys were included within the publisher’s rankings of the top national lawyers in First Amendment litigation. The guide also identified the firm and several of its attorneys as leaders in the New York, D.C., and Colorado markets for services in Media & Entertainment and Intellectual Property law, and quoted clients who consider the firm a “brillant value” and praise the firm’s “top-quality advice, excellent written work and utterly cooperative style.” Published annually since 1999, Chambers USA provides tiered rankings of law firms by practice area and location based on surveys of lawyers and commercial users of legal services. Click on the following links to read the Chambers USA commentary on: the firm’s national First Amendment practice, its Media & Entertainment practices in New York and D.C., and its Intellectual Property work in Colorado.
JUNE 12, 2009
The Legal 500, one of the most highly respected law firm ranking guides worldwide, has ranked LSKS at the top in the category of First Amendment Litigation and Counseling, and has included two of the firm’s founders among the “Leading Lawyers” of the First Amendment bar. Legal 500 says LSKS “is widely acknowledged to do more First Amendment work than any other in the market, and lists among its clients the major broadcasting networks and newspapers across the US.” LSKS is described by clients in the guide as being “not only a top-tier firm for media law but also an incredible bargain for the cost . . . . The level of service is absolutely top notch. One of the hallmarks of the firm is that it never drops any ball, no matter how small, ever.” To read the full description by The Legal 500, click here.
JUNE 4, 2009
LSKS successfully represented The New York Times, the Associated Press and USA Today in opposing a request by the Department of Justice to seal completely the government’s responses to all of the habeas corpus petitions filed by the Guantanamo detainees. Judge Thomas Hogan of the United States District Court for the District of Columbia accepted the firm’s analysis demonstrating that the First Amendment right of access extends to court records in habeas petitions (an issue of first impression), and concluded that the government had not met its burden to justify keeping its responses to the petitions completely secret. The court gave the government six weeks to file redacted versions of its pleadings that would be made available for public inspection (removing only information that was properly classified), or to submit factual support for the sealing of specific information in specific documents. The Times, the AP, and USA Today were represented by LSKS attorneys David Schulz and Jeanette Melendez Bead.
JUNE 2, 2009
On June 1, the United States District Court for the Eastern District of New York denied a motion brought by a Nassau County legislator seeking to enjoin Newsday and News 12 from publishing photographs of his arrest for income tax evasion. LSKS successfully opposed the motion for a prior restraint, demonstrating that the First Amendment barred any such injunction and that many alternatives exist to secure the defendant’s right to a fair trial without restricting press coverage. The court agreed that it was without authority to censor the press in the manner requested, and that a prior restraint was not necessary to safeguard the defendant’s right to a fair trial. Newsday and News 12 were represented by LSKS attorneys David Schulz and Nicole Auerbach.
JUNE 1, 2009
Laura Leitner has joined LSKS as an associate in its New York office. Ms. Leitner is a 2005 graduate of the University of Pennsylvania Law School, where she served as Senior Editor of the University of Pennsylvania Law Review. She most recently worked as an associate practicing media law at Hogan & Hartson, LLP, and she has also worked at Gibson, Dunn & Crutcher, LLP and at Dechert LLP. Ms. Leitner is admitted to practice in New York, New Jersey and Pennsylvania. To learn more about Ms. Leitner, please click here.
MAY 26, 2009
LSKS partner Ashley Kissinger assisted David Cook, Esq., of Sills, Summis and Gross P.C. in conducting a workshop in Amman, Jordan, with the board of the Yemeni Journalists’ Syndicate. Ms. Kissinger and Mr. Cook, working under the auspices of the International Research and Exchanges Board (IREX), discussed international norms of free expression with the board in an effort to assist the journalists in drafting a revised press law for Yemen and a code of ethics for the Syndicate.
MAY 25, 2009
On May 5, the United States District Court for the Southern District of New York granted a motion made by LSKS on behalf of General Electric Company to dismiss an amended complaint alleging copyright and breach of contract claims against GE. The suit alleged that various GE subsidiaries had used software in excess of the rights granted in a master license with GE. The court found that GE had not itself committed any acts of infringement and rejected the various theories advanced by the plaintiff to hold GE liable for infringement committed by its affiliated companies. Previously, the court dismissed the original complaint, finding that infringement had not properly been alleged against GE and that all of the state law claims against the company were preempted by federal copyright law. GE was represented by LSKS attorney Bob Penchina.
MAY 11, 2009
On April 23, the same day a Maryland trial court refused to lift a prior restraint on WBAL-TV’s ability to broadcast portions of an audio recording of a civil hearing, LSKS sought and obtained an emergency ruling from the Court of Special Appeals reversing the trial court. Although audio recordings are routinely provided by Maryland courts, some recordings have come with a directive restricting their broadcast. WBAL-TV was represented by LSKS attorneys Nathan Siegel, Alia Smith, and Katharine Larsen.
MAY 11, 2009
LSKS successfully defended CBS-owned Pittsburgh television station KDKA and its reporter Marty Griffin in a libel and invasion of privacy lawsuit filed in Pennsylvania state court. Plaintiff, who was employed as a public school security guard at the time of the news report at issue, had asserted that details in the report regarding his extensive criminal history were false and that the fact the report showed a public criminal record containing his visible social security number constituted publication of a private fact. The court first granted in part defendants’ motion for judgment on the pleadings, ruling that the fact that plaintiff’s social security number was depicted in connection with a public record required dismissal of his privacy claim. Then, in March, the court granted defendants’ motion for summary judgment, holding that the statements in the report concerning plaintiff’s violent past and referring to him as “a walking crime wave” were substantially true and/or rhetorical hyperbole. Plaintiff has announced that he will not appeal the grant of summary judgment.
MAY 6, 2009
In a complete victory for Viacom International, a federal district court last month tossed out a complaint alleging false advertising, false designation of origin, and disparagement under the Lanham Act; Sherman Act and Clayton Act antitrust claims; and other federal and state claims against Viacom International and others involved in the creation of a VH-1 reality television program. The court agreed with the arguments made by LSKS and held that the plaintiff lacked prudential standing to assert the false advertising claim and that he did not have a valid and legally protectable mark. Viacom International was represented by LSKS attorneys Jeanette Melendez Bead and Katharine Larsen.
APRIL 23, 2009
On April 21, LSKS attorney Ashley Kissinger served on a panel entitled “Navigating Your Way Through Legal Issues On the Web” at RTNDA @NAB, the annual conference of the Radio-Television News Directors Association in Las Vegas. Also on the panel were Richard Goehler of Frost Brown Todd and George Galt of The Associated Press. Kathleen Kirby of Wiley Rein moderated the discussion, which covered issues ranging from intellectual property issues arising from websites to the state of the law on cameras in the courtroom.
APRIL 21, 2009
On April 3, LSKS attorney Alia Smith led a seminar entitled “Libel: Applying it in Real Life” at the annual conference of the New York Press Association in Saratoga Springs, New York.
APRIL 3, 2009
The Steamboat Pilot & Today newspaper, in Steamboat Springs, Colorado, won an important victory in the Colorado Court of Appeals under the Colorado Open Meetings Law in a case against the Steamboat Springs Board of Education. The case involved allegations that a closed-door meeting by the school board violated the statute in a variety of ways, including that the school board illegally made decisions behind closed doors and illegally conducted discussions without adequate public notice. The Court of Appeals ordered that the unredacted transcript of the illegally closed meeting be made public. LSKS attorneys Christopher Beall, Steven Zansberg, and Adam Platt worked on this appeal on behalf of the newspaper. Mr. Beall handled the trial court proceedings in 2007.
MARCH 26, 2009
On March 24, LSKS attorney Chad Bowman presented “Publishing and the Law: Fair Use, Rights and Aggregated Content Issues” at the Publishing Business Conference & Expo in New York. The presentation to magazine publishers focused on legal issues relating to online content.
MARCH 24, 2009
The Orange County Superior Court granted a motion to quash subpoenas issued to four Orange County Register journalists that LSKS filed on their behalf. The journalists, including a student journalist who had worked with the Register in the past, had been subpoenaed to testify in and bring documents to the misdemeanor trial of Steve Rocco, a former elected board member of the Orange County Unified School District who was charged with stealing a bottle of ketchup from a university cafeteria. After a hearing, Judge Jacki Brown granted the motion to quash from the bench.
MARCH 18, 2009
LSKS lawyers Tom Kelley, Steve Zansberg and Adam Platt obtained an order from a U.S. District Court in Colorado dismissing all five federal claims asserted against the Denver/Boulder Better Business Bureau, its officers and thirty of its past and present directors. The court granted the defendants’ motion to dismiss with prejudice the plaintiff’s claims for violation of the federal RICO statute and Civil Rights Act, and declined to consider any of the pleaded state law claims. The court’s order completely terminated the federal court action brought by a national distributor of pre-fabricated metal buildings who was the subject of unfavorable company “Reliability Reports” on the BBB’s website, which alerted consumers of a pattern of complaints concerning the plaintiff’s advertising, sales, and delivery practices, and its failure to substantiate its advertising claims with local BBB officers.
MARCH 9, 2009
The Colorado Court of Appeals has ruled that the compensation agreements of two highly-paid staff surgeons in the cardiology department at a local public hospital are “public records” that must be disclosed, in their entirety, under the Colorado Open Records Act. In addition, the court ruled, the newspaper that challenged the hospital’s denial of access, The Gazette, was entitled to recover its attorneys fees for prevailing at the trial court and on appeal. LSKS lawyers Steve Zansberg and Adam Platt represented The Gazette in the action.
FEBRUARY 26, 2009
Michael Berry wrote a column in The Philadelphia Inquirer shining a light on recent Sunshine Act violations in the Philadelphia region, including a private meeting of the City Council to discuss whether to hold public meetings, and a public meeting of a local Board of Commissioners to discuss whether to hold private budget meetings. To read the column, titled “Fight for the Right to Know,” click here.
FEBRUARY 20, 2009
LSKS successfully defended The New York Times Company and several editors and reporters of The New York Times in a highly publicized defamation action brought by a lobbyist referenced in an article published in the newspaper about then-Presidential candidate Sen. John McCain. The plaintiff dismissed her $27 million lawsuit, seven weeks after it was filed, under a settlement in which she received no payment of any kind. Under the settlement, The Times published a “Note to Readers,” which reiterated that the article “did not state, and The Times did not intend to conclude,” that the plaintiff had “engaged in a romantic affair with Sen. McCain or an unethical relationship on behalf of her clients in breach of the public trust,” and permitted her counsel to post a “commentary” about the lawsuit on the newspaper’s website.
FEBRUARY 20, 2009
The United States Court of Appeals for the Second Circuit has affirmed the dismissal of claims brought by a scientist against Science magazine and its publisher, the American Association for the Advancement of Science, alleging breach of contract, fraud, misappropriation and trade secret infringement based on the scientist’s submission of a purported scientific proof to the magazine. LSKS attorneys David Schulz and Alia Smith represented Science magazine and AAAS.
FEBRUARY 18, 2009
LSKS partners Steve Zansberg and Chris Beall were selected by the board of directors of the Colorado Press Association as recipients of the organization’s “Friend of the First” award for 2009. The award is given annually by the association to recognize outstanding contributions to free speech and Sunshine Law rights in Colorado. In its decision to select Zansberg and Beall, the association cited the lawyers’ years of representation and advocacy on behalf of newspapers and journalists throughout Colorado on access issues under the Colorado Open Meetings Law, the Colorado Open Records Act, and the Colorado Criminal Justice Records Act. Previous recipients of this award have included former Governor Bill Owens, former Colorado Attorney General and U.S. Senator Ken Salazar, and LSKS’s own Tom Kelley. The association will formally present the award at its annual convention on February 27, 2009.
FEBRUARY 5, 2009
LSKS lawyers Chris Beall and Adam Platt won a preliminary injunction for client 5280 magazine following a two-day mini-trial in Denver state court on a trademark dispute involving the mark “5280.” The case involved claims of trademark infringement by a business that opened a restaurant just a block away from the magazine’s offices in Denver, under the name “5280 Steak House.” In issuing the preliminary injunction, the court found that 5280 magazine had proven that its mark is very strong, and that the restaurant’s use of that mark was causing actual confusion in the marketplace.
JANUARY 31, 2009
LSKS is very pleased to announce that Tom Curley became a partner in the firm, effective January 1, 2009. Tom is resident in the firm’s Washington, DC office.
JANUARY 5, 2009
Granting a motion made by LSKS on behalf of The New York Times and the Los Angeles Times, the United States District Court for the District of Columbia recently ordered the release of search warrant materials related to the “Amerithrax” investigation, finding that the public has a qualified First Amendment right of access to search warrants and related materials after an investigation has concluded. In the Matter of the Application of the New York Times Company for Access to Certain Sealed Court Records, --- F. Supp. 2d ---, 2008 WL 4900605 (D.D.C. Nov. 17, 2008). The Order, issued by Chief Judge Royce C. Lamberth, required the release of any search warrants materials relating to two individuals known to have been targeted in the Amerithrax investigation: Dr. Steven J. Hatfill and Dr. Hatfill’s girlfriend, Peck Chegne. The court concluded, among other things, that the government had failed to demonstrate a compelling interest in keeping the materials secret. The newspapers were represented by LSKS attorneys David Schulz and Jeanette Melendez Bead. Click here to read the decision.
JANUARY 5, 2009
In the wake of Philadelphia Mayor Michael Nutter’s decision to meet privately with City Council about the city’s budget crisis, Michael Berry wrote a column in the Harrisburg Patriot-News calling for the General Assembly to enact legislation to strengthen the Pennsylvania Sunshine Act’s enforcement provisions. To read the column, click here. And, on December 5, 2008, Berry was the featured guest on “Conversations,” a radio program on 900 AM WURD, where he discussed the Sunshine Act and the need for reform. The Philadelphia Inquirer also interviewed Berry about a Philadelphia court’s ruling in a Sunshine Act case arising from the Mayor’s closed door meetings with City Council. To read the article, click here.
DECEMBER 17, 2008
Adopting the arguments asserted by LSKS attorneys Gayle Sproul and Katharine Larsen, a federal district court unequivocally held that a newspaper has standing to assert the First Amendment right to anonymity held by pseudononymous posters on the newspaper’s website. This opinion appears to be the first to so hold, and thus represents a critical extension of the law of jus tertii standing and an important link in the fast-evolving body of law related to the unmasking of anonymous online speakers. In its decision to quash a subpoena directed toward the newspaper, the court then further concluded that the posters’ rights to anonymity outweighed the plaintiff’s need for discovery relevant to her claim.
DECEMBER 11, 2008
The American Bar Association’s Communications Lawyer published “Litigating Facsimile Advertising,” by LSKS attorney Chad Bowman, in its November 2008 edition. Click here to read the article.
DECEMBER 10, 2008
On December 9, LSKS attorney Chad Bowman presented “What Marketers Need to Know About E-Mail Marketing Law” at the Specialized Information Publishers Association 25th Annual Mid-Year Marketing Conference in Las Vegas. The presentation summarized federal regulation of email marketing and litigation trends, and highlighted key compliance pitfalls that marketers should avoid.
DECEMBER 9, 2008
LSKS is very pleased to announce that Cameron Stracher, formerly an LSKS partner, has returned to the firm as Of Counsel. Cam is a nationally recognized media lawyer and former in-house counsel at CBS and Media/Professional Insurance. Among other clients, Cam represents American Media Inc., Al Roker Entertainment, and the producer of the hit series Dog the Bounty Hunter. He is a professor at New York Law School and the author of three books and numerous essays and articles appearing in The New York Times, The Wall Street Journal and other publications. Cam is resident in the firm’s New York office.
DECEMBER 1, 2008
Pennsylvania Super Lawyers has named LSKS associate Michael Berry a 2008 “Rising Star” in the First Amendment/Media/Advertising category. Mr. Berry is the only lawyer listed in that category. The selections were published in the December edition of Philadelphia magazine.
DECEMBER 1, 2008
A state district court in Denver granted a motion to dismiss brought by LSKS attorneys on behalf of Michael Muhammad Knight, a Muslim author, who was alleged to have engaged in a conspiracy to defame a Muslim television commentator. The suit alleged that Mr. Knight used his strong influence over a Muslim punk rock band to cause the band to write and perform a song including a line that allegedly defamed the plaintiff. The court found that the author, a New York resident, had insufficient contacts with Colorado to support the court’s exercise of personal jurisdiction over him and ordered the case dismissed. LSKS attorneys Chris Beall and Adam Platt represented Mr. Knight.
NOVEMBER 26, 2008
LSKS lawyers successfully defended a Pennsylvania state court action in which the plaintiff asserted claims against CBS Interactive for breach of contract, fraud, misrepresentation, libel, harassment, communication of threats by computer, as well as for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the federal Interstate Communications Act. The plaintiff contended that CBS, among others, had allowed users to post threatening comments about him on various websites. After receiving the motion to dismiss filed by LSKS, the plaintiff agreed to voluntarily dismiss the action as to CBS. LSKS attorneys Gayle C. Sproul and Katharine Larsen represented CBS Interactive.
NOVEMBER 25, 2008
LSKS Partner Elizabeth Koch was profiled in the November 2008 issue of the Women in Communications Law Newsletter. The newsletter is published by the Women in Communications Law Committee of the ABA Forum on Communications Law. To read Betsy’s profile, authored by Michelle Worrall Tilton, President and Claims Counsel of First Media, Inc, please click here.
NOVEMBER 24, 2008
LSKS Attorney Michael Berry wrote a column for The Philadelphia Inquirer challenging Mayor Michael Nutter’s closed door budget meetings with City Council. Berry argued that the meetings violated Pennsylvania’s Sunshine Act, which protects the public from being shut out of budget deliberations. In the column, he called on the Mayor to open the meetings and appealed to the Pennsylvania legislature to strengthen the law’s enforcement provisions. To read the column, click here. In an interview with The Legal Intelligencer on the same issue, Berry emphasized that “the point of the Sunshine Act is for disclosure and deliberations to occur in plain public view, and the government shouldn’t make any efforts to skirt the law.” To read the full article, click here (subscription required).
NOVEMBER 6, 2008
On October 20, 2008, LSKS partner Bob Penchina was a panelist on a program presented by the New York Chapter of the Copyright Society entitled “Cartoon Network v. Cablevision: Buffered From Infringement?” The panel addressed the Second Circuit’s recent holding in that case and its implications for development of future content delivery technology.
OCTOBER 20, 2008
Last month, LSKS attorneys successfully represented a coalition of 27 news media amici in support of an emergency petition to the California Court of Appeal to strike down a prior-restraint order against The Orange County Register. The order was issued in a class-action lawsuit brought against The Register. The trial judge had prohibited the newspaper, as a defendant in the case, from publishing any reports of the testimony or evidence presented in court during the trial. The order was premised on a theory that prohibiting news coverage of witness testimony and evidence was no different than a standard witness-sequestration order, which otherwise prohibits a party in a case from communicating to one witness what another witness has testified during the trial. The Register and the news media amici argued that this kind of application of a witness-sequestration order was a flagrant violation of the First Amendment. The appellate court quickly agreed, striking down the trial judge’s order within days of receiving the newspaper’s petition. The amici represented by LSKS were the California Newspaper Publishers Association, ABC, Inc., the American Society of Newspaper Editors, The Associated Press, Bloomberg L.P., Cable News Network, Inc., the California First Amendment Coalition, the California Newspapers Partnership, Californians Aware, Dow Jones & Company, Inc., The E.W. Scripps Company, The First Amendment Project, Forbes Inc., Los Angeles Times Communications LLC, The McClatchy Company, The McGraw-Hill Companies, Inc., MediaNews Group, Inc., the National Association of Broadcasters, the National Newspaper Association, the Newspaper Association of America, The New York Times Company, The Press-Enterprise, the Radio-Television News Directors Association, the Reporters Committee for Freedom of the Press, Reuters America LLC, the Society of Professional Journalists, and Times Community News. The LSKS attorneys who worked on the amicus effort were Christopher Beall, Ashley Kissinger, Dave Schulz, Katharine Larsen, and Adam Platt.
OCTOBER 17, 2008
The United States District Court for the Southern District of New York granted a motion made by LSKS on behalf of General Electric Company to dismiss copyright, breach of contract and related claims against GE. The suit alleged that various GE subsidiaries had used software in excess of the rights granted in a master license with GE. The court found that GE had not itself committed any acts of infringement and that all of the state law claims against the company were preempted by federal copyright law. Accordingly, the court dismissed all claims against GE. GE was represented by LSKS attorneys Bob Penchina and Alia Smith.
OCTOBER 16, 2008
LSKS attorney Adam Platt appeared on a panel entitled “Policies, Rights and Responsibilities” at Colorado State University in Fort Collins on October 16. The panel, which was organized as a part of the Colorado High School Press Association’s annual “Journalism Day,” discussed the rights of student journalists as against prior restraint and statutory protections against holding schools and their employees liable for the contents of student publications.
OCTOBER 16, 2008
The Pennsylvania Supreme Court ruled last month that the state’s Shield Law absolutely protects confidential sources in civil cases, even when the confidential source allegedly leaked secret grand jury information or committed a crime in providing information to a reporter. On behalf of a coalition of Pennsylvania and national media organizations, LSKS filed an amicus brief with the Supreme Court supporting the reporter and newspaper in the case and arguing that the plain language of the Shield Law, the history of the statute, and substantial precedent in Pennsylvania demonstrated the law’s absolute protection for confidential sources. LSKS attorneys Lee Levine, Gayle C. Sproul, and Michael Berry represented the amici. A copy of the Supreme Court’s decision can be viewed here.
OCTOBER 16, 2008
LSKS attorneys recently won a significant ruling in which a Harrisburg, Pennsylvania, judge quashed wide-ranging subpoenas to reporters in a high-profile inquiry into alleged grand jury leaks. The inquiry was ordered by the Pennsylvania Supreme Court in a case in which three defendants were charged with perjury in connection with two of the defendants’ application for a casino. As part of the inquiry, the defendants subpoenaed The Associated Press, The Morning Call, four other Pennsylvania newspapers, and more than a dozen reporters seeking their testimony and extensive evidence about their reporting. On July 17, 2008, the judge presiding over the inquiry issued a one-sentence order granting the reporters’ motions to quash the subpoenas. LSKS attorneys Gayle C. Sproul and Michael Berry represented the AP, The Morning Call, and their reporters.
OCTOBER 16, 2008
The United States District Court for the Southern District of New York granted a motion made by LSKS on behalf of General Electric Capital Corporation (“GECC”) to dismiss copyright and related claims against GECC. The suit alleged that, by making commercial loans to a company accused of infringing the copyright in various software applications, GECC was contributorily or vicariously liable for copyright infringement by the borrower and otherwise in violation of the software developer’s rights. The court found in favor of GECC and dismissed all claims against it. GECC was represented by LSKS attorney Bob Penchina.
SEPTEMBER 30, 2008
In the first test of the state’s new Shield law, a Connecticut trial court last month denied the state's attorney’s request for a subpoena directed to John Christoffersen, a reporter with the Associated Press. Superior Court Judge John F. Kavanewsky Jr. ruled from the bench that the shield law, which allows prosecutors to use reporters’ notes or testimony only as a last resort, applied in the case of a request to subpoena Mr. Christoffersen who had interviewed the criminal defendant. LSKS attorneys David Schulz and Amanda Leith represented Mr. Christoffersen and the Associated Press.
SEPTEMBER 17, 2008
A Colorado district court has held that it has inherent power, under both the state open records statute and Colorado common law, to remedy a knowing spoliation of public records if, at the time of destruction, the defendant was on notice that the records were likely to become the subject of a forthcoming request for access. The Morgan County District Court denied the defendant City of Fort Morgan’s motion for summary judgment, and the case is scheduled to proceed to trial on September 15, 2008. LSKS attorneys Tom Kelley, Chris Beall and Adam Platt are representing The Fort Morgan Times in the case. The court’s order can be viewed here.
SEPTEMBER 10, 2008
LSKS lawyers successfully defended two suits in the Southern District of New York brought by J.K. Idema, a self-proclaimed counter-terrorist specialist, and his employer, Counterr Group. The suits claimed that CBS and AP improperly used video and photographs owned by Idema and Counterr Group and that they had defamed Idema when reporting on his arrest and conviction for torture in Afghanistan. The court threw out the case against CBS, ruling that its reporting on Idema’s criminal case was fair and accurate and that the other claims were preempted by federal copyright law. The court dismissed the case against AP because neither Idema nor Counterr Group had registered copyrights over the video and photographs at issue in their suit. Click here to read the CBS decision and here to read the AP decision.
SEPTEMBER 10, 2008
A New York court last month quashed a subpoena Donald Trump served on Bill Keller, the executive editor of The New York Times, and severely limited a subpoena Trump served on Arthur Sulzberger, the publisher of the Times. Trump had served the subpoenas in connection with his ongoing libel suit in New Jersey against Times reporter Timothy O’Brien, who wrote a biography of Trump for Warner Books. Despite the New Jersey court’s issuance of commissions for the subpoenas, the New York court found that the subpoenas were largely improper under New York’s discovery rules because they sought mostly credibility evidence from non-parties. LSKS attorneys David Schulz and Alia Smith represented Messrs. Keller and Sulzberger.
SEPTEMBER 5, 2008
During the Democratic National Convention, the attorneys of LSKS’s Denver office hosted a media hotline on behalf of the Reporters Committee for Freedom of the Press. The RCFP operates the hotline during every national convention cycle to provide pro bono legal assistance to credentialed reporters who experience problems with law enforcement, including detention and arrest, while covering the convention and related events and protests.
AUGUST 28, 2008
Matthew Bender & Company, a member of the LexisNexis Group, has published Media and the Law, a new casebook for use in law and journalism schools co-authored by LSKS partner Lee Levine and Professor David Kohler, Professor of Law and Director of the of the Donald E. Biederman Entertainment and Media Law Institute at Southwestern Law School. A loose-leaf version of the 850-page volume will be in use this Fall, as part of a “beta” test, at several law schools and journalism programs, including at Georgetown University, the University of Michigan, Emory University, Southwestern Law School and Catholic University. The hard-bound first edition of the book will be available for general use in the Spring 2009 semester.
AUGUST 26, 2008
The El Paso County District Court in Colorado Springs, Colorado, granted a motion to quash a subpoena filed by LSKS on behalf of the Colorado Springs Gazette. The Gazette had published an article describing a plaintiff’s victory in a libel suit, and the plaintiff later subpoenaed the Gazette, seeking the e-mail and IP addresses of individuals who had pseudonymously posted allegedly defamatory comments to the article on the Gazette website. The court quashed the subpoena.
AUGUST 22, 2008
On August 8, LSKS partner Chris Beall gave a presentation on “Trademark Issues: Who’s Afraid of the Little Red ®” to the 2008 Program Directors Conference of the Certified Financial Planner Board of Standards at the Mayflower Hotel in Washington, D.C. The presentation focused on the tricky trademark issues confronting organizations that engage in the certification of professional skills for financial planning practitioners. The conference was attended by directors, faculty and staff of professional education programs at universities and colleges throughout the United States.
AUGUST 8, 2008
LSKS partner Bob Penchina spoke on intellectual property issues at the Saratoga Institute on Racing and Gaming Law, presented by the Government Law Center of Albany Law School on August 5. The presentation covered application of copyright, trademark and right of publicity laws to the sport of horseracing and explored such issues as trademark protection for the names of race horses and racing silks and whether the tracks, horse owners or others own copyright in simulcast races.
AUGUST 5, 2008
On July 22, LSKS attorney Chad Bowman presented “Can-Spam Act Update: New Regulations Effective July 7, 2008,” a teleconference/webinar for nearly 200 marketing professionals that was hosted by Real Magnet. The hour-long presentation summarized federal regulations on email marketing, including revised regulations under the Can-Spam Act that were recently promulgated by the Federal Trade Commission.
JULY 22, 2008
Partners in LSKS’s Denver office presented updates on the law of access in Colorado at regional meetings of the Colorado Press Association this summer. The meetings, which were held throughout the state, brought together reporters, editors, judges, and representatives of the State Court Administrator’s Office and the Colorado Bar Association to discuss reporting on the courts.
JULY 18, 2008
A three-judge panel of the United States Court of Appeals for the Fourth Circuit has unanimously affirmed a ruling in favor of The New York Times in a defamation suit brought by a scientist who was investigated by the FBI in connection with the 2001 anthrax mailings. The scientist, Steven J. Hatfill, claimed he was falsely implicated as the anthrax mailer in a series of columns published by the newspaper. Following extensive discovery, the trial court granted the newspaper’s motion for summary judgment in 2007. The Fourth Circuit affirmed, finding that Hatfill was a limited-purpose public figure who failed to establish the requisite evidence of actual malice. The Times was represented in the case by LSKS attorneys Lee Levine, David Schulz, Michael Sullivan, Celeste Phillips, Ashley Kissinger, Alia Smith, Chad Bowman, and John O’Keefe. Click here to read the appeals court’s decision.
JULY 14, 2008
LSKS attorneys Gayle C. Sproul and Michael Berry are serving as Pennsylvania counsel for the Institute for Justice (IJ) and three Philadelphia tour guides in a federal lawsuit challenging the City’s new law mandating that tour guides receive a special license. The law makes it illegal to give a tour for pay in the City’s historic downtown area without first filing a written application, paying a fee, and passing a written examination. IJ and LSKS argue that the new law violates the tour guides’ First Amendment right to speak freely about Philadelphia and its rich history. Click here to read the tour guides’ complaint, and click here to learn more about the suit.
JULY 14, 2008
On June 3 and 4, LSKS partners Chris Beall, Ashley Kissinger, Bob Penchina, and Steve Zansberg presented “Tackling Online Issues,” a two-day luncheon seminar in New York for LSKS clients discussing emerging issues in online journalism. The first day of the seminar covered intellectual property issues, including updates on copyright liability for embedded versus redirected content, open-source licensing principles for user-generated content, and emerging right-of-publicity concerns. The second day addressed content liability issues, including an update on Section 230 immunity, liability for collaborative journalism efforts, the law governing subpoenas for anonymous Internet posters’ identities, and handling online corrections. The firm’s two prior seminars addressed reporting on national security and the new e-discovery rules in the context of litigation involving the media.
JUNE 26, 2008
LSKS is “universally regarded as the top firm for defamation and libel cases” in the United States, according to the 2008 edition of The Legal 500-United States. Published annually, The Legal 500 is a comprehensive guide to “the best of the best” law firms. The Legal 500’s rankings are based on its surveys of thousands of law firm clients and attorneys. Click here to read The Legal 500’s commentary on LSKS and its attorneys.
JUNE 12, 2008
LSKS was once again rated as one of the leading firms in Media & Entertainment law in Washington, D.C., and New York in the 2008 edition of Chambers USA, which also ranked several LSKS attorneys among the top First Amendment litigators in the country. Published annually by Chambers and Partners and billed as “The Client’s Guide” to “America’s Leading Lawyers for Business,” Chambers USA provides tiered rankings of law firms by practice area and location based on surveys of lawyers and commercial users of legal services. Click here to read the Chambers USA commentary on LSKS and its attorneys.
JUNE 12, 2008
Gayle C. Sproul, an LSKS partner, has been appointed to serve on the Legal Advisory Committee of the Student Press Law Center. The Student Press Law Center educates high school and college journalists about the rights and responsibilities embodied in the First Amendment, and supports the student news media in covering important issues. The Center also provides free information and educational materials for student journalists and their teachers on a wide variety of legal topics.
JUNE 11, 2008
LSKS partners Tom Kelley, Lee Levine, Bob Penchina, David Schulz and Michael Sullivan have been recognized once again as outstanding practitioners in their respective cities by Law & Politics’ Super Lawyers magazine, which conducts regional surveys of lawyers to identify those who have stellar reputations among their peers in particular practice areas. Mr. Kelley was identified as a standout in Denver in the fields of Civil Rights/First Amendment, Civil Litigation Defense and Business Litigation. In the magazine’s New York metro edition, Mr. Schulz is acknowledged as a top practitioner of First Amendment/Media/Advertising law and Mr. Penchina is recognized for his Intellectual Property Litigation practice and for his representation of clients in the field of Gaming, Entertainment and Sports. Messrs. Levine and Sullivan were included among the leading lawyers in the practice of First Amendment/Media/Advertising law in Washington, D.C.
JUNE 2, 2008
In a debate hosted by the Philadelphia chapter of the Federalist Society, LSKS attorney Michael Berry argued in support of a proposed federal shield law that would permit journalists to resist many efforts to compel them to provide evidence in federal court proceedings about their newsgathering. The debate – titled “The ‘Reporter’s Privilege’ vs. National Security: When Should Journalists Be Required to Testify?” – took place on June 2. Click here for more information about the event.
JUNE 2, 2008
LSKS attorney Michael Berry appeared on a panel entitled “Truth and Journalism” at Drexel University in Philadelphia on May 28. The panel discussed the role of the press in shaping public perceptions of truth by focusing on media coverage of a court ruling that the Pledge of Allegiance’s inclusion of “under God” is unconstitutional. The panel also featured a Drexel professor who recently wrote a book about the media’s coverage of the case and editors and a reporter from The Philadelphia Inquirer and The Legal Intelligencer.
MAY 28, 2008
LSKS is pleased to welcome five law students to the firm as summer law clerks. Kim Atura, a first-year law student at Harvard Law School, is a member of the Harvard Civil Rights-Civil Liberties Law Review and the Harvard Latino Law Review. Tom Donnelly, a second-year law student at Yale Law School, is a member of the Yale Law Journal and the Yale Law and Policy Review. Shaina Jones, a second-year law student at Vanderbilt University Law School, is a pro bono intake volunteer for the Legal Aid Society and a member of the Thurgood Marshall Legal Aid Society, and has previously worked for Belo Broadcasting and NBC News. Jeff Kosseff, a second-year law student at Georgetown University Law Center and member of The Georgetown Law Journal, is an accomplished journalist; since 2001, he has worked as a reporter for The Oregonian, where he was a finalist for the 2007 Pulitzer Prize for national reporting and the 2006 recipient of the George Polk Award for national reporting. Ling Wu Kong, a first-year student at Boston University School of Law, has previously worked as a general assignment reporter for the Sarasota Herald-Tribune and as an associate editor for The Earth Times.
MAY 19, 2008
The Media Law Resource Center has published an article by LSKS partner Steve Zansberg and LSKS associate Adam Platt entitled The Murky Wake of Roommates.com: When Does the Exercise of “Traditional Editorial Functions” Render a Website Operator Responsible for Third-Party Postings? in the May 2008 Media Law Resource Center Bulletin (Issue No. 2). The article, included in a compendium entitled “Digital Media: Articles & Comments on New Frontiers in Internet Law,” was published in connection with the MLRC’s “Legal Frontiers in Digital Media” conference held May 15-16, 2008, at the Stanford Law School Center for Internet and Society.
MAY 15, 2008
LSKS partners Steve Zansberg and Chris Beall are the “cooperating attorneys” representing the American Civil Liberties Union and several other advocacy groups in a federal lawsuit seeking disclosure and judicial review of anticipated restrictions on protests during the upcoming Democratic National Convention. The suit, filed in the U.S. District Court for the District of Colorado against the City and County of Denver and the U.S. Secret Service, seeks an order compelling Denver officials to process pending permit requests for parades and demonstrations on city streets. It also requests disclosure and court review of the anticipated regulations affecting expression at or near the convention site. Click here for more information on the lawsuit.
MAY 7, 2008
Katharine Larsen has joined LSKS as an associate. Ms. Larsen, a 2003 cum laude graduate of Georgetown University Law Center, previously worked as an associate for Clifford Chance LLP. She also served two years as a judicial law clerk to the Honorable Joan A. Lenard of the U.S. District Court of the Southern District of Florida. Most recently, Ms. Larsen was a Legal Education Specialist with the American Bar Association’s Rule of Law Initiative in Baku, Azerbaijan. She is admitted to practice in New York.
MAY 5, 2008
LSKS has agreed to become a regular contributor to the Legal Risk Blog published by the Knight Citizen News Network. The Knight Citizen News Network is a self-help portal that guides both ordinary citizens and traditional journalists in launching and responsibly operating community news and information sites and that assembles news innovations and research on citizen media projects. The project is coordinated by Geanne Rosenberg of CUNY Graduate School of Journalism and Baruch College. Click here to access the Legal Risk Blog.
APRIL 14, 2008
With representation by LSKS, the Associated Press and The Denver Post prevailed in their effort to unseal the indictment of a Colorado man charged in connection with the disappearance of his six-year-old daughter in 2005. The news organizations challenged a ruling by the Arapahoe County District Court that would have kept secret the contents of the 60-count charging document against Aaron Thompson of Aurora. The Colorado Supreme Court ruled that the indictment is a “record of official action” and thus must be made public under the Colorado Criminal Justice Records Act. Click here to read the decision.
APRIL 7, 2008
Lawyers from LSKS successfully represented CBS News in its efforts to quash a subpoena by military prosecutors for outtakes of a 60 Minutes interview with a marine staff sergeant charged with killing innocent civilians in Haditha, Iraq. The court-martial quashed the subpoena, finding that the information sought was available to prosecutors from alternative sources. Click here to read more on the judge’s ruling.
FEBRUARY 23, 2008
In January 2008, LSKS partner Ashley Kissinger was appointed Co-Chair of the Women In Communications Law Committee of the American Bar Association’s Forum on Communications Law. Her term will expire in December 2009.
FEBRUARY 1, 2008
The Los Angeles County Superior Court granted LSKS’s anti-SLAPP motion filed on behalf of KABC-AM, talk-show host Doug McIntyre, ABC, Inc., and related entities, and held that the defendants are entitled to attorneys’ fees and costs. A Los Angeles County charter school, Academia Semillas del Pueblo, and its principal sued McIntyre and the radio station asserting claims for slander, false light invasion of privacy, negligence, tortious interference with a business relationship and incitement of others to make racially-motivated threats of violence against the school. McIntyre had criticized the school and its principal on his radio show in the summer of 2006. The court held that McIntyre’s criticism was constitutionally protected opinion.
JANUARY 10, 2008
The New York Times obtained a favorable jury verdict in a copyright infringement action brought by a freelance photographer who alleged that the newspaper had no right to publish approximately one hundred of his photographs on NYTimes.com. The two-week jury trial in Dallal v. New York Times Co. (S.D.N.Y.), concluded with a unanimous verdict for the Times on the issue of liability for uses of the freelancer’s photographs in the newspaper’s Internet edition. LSKS attorneys Bob Penchina, Tom Curley, and John O’Keefe served as trial counsel for the Times.
DECEMBER 5, 2007
Since LSKS opened its Denver office in May 2007, it has added another attorney and three staff members. Cynthia Henning, the office’s Legal Administrative Assistant, helped open the Denver office in May. Adam Platt joined as an Associate in July, Eleanor Henning joined as a Project Assistant in October, and Marla Kelley joined as a Paralegal in November. Cindy Henning and Adam Platt were previously at Faegre & Benson, and Marla Kelley comes to us from Holme Roberts & Owen. LSKS welcomes these additions to the Denver office team.
NOVEMBER 19, 2007
James Goodale announced that LSKS partner Lee Levine and Debevoise & Plimpton’s Bruce Keller would succeed him as chairmen of the Practising Law Institute’s annual Communications Law seminar beginning in 2008. The PLI program, which began in 1973, is one of the premier forums for legal practitioners to discuss and debate developments in the field of media law.
NOVEMBER 12, 2007
The Media Law Resource Center published How U.S. Law Navigates the Boundary Between Free Speech and Private Facts, by LSKS partners David Schulz and Ashley Kissinger, in the September 2007 Media Law Resource Center Bulletin (Issue No. 3) as part of a compendium entitled “Publishing in the Global Environment: Developments in European and American Media Law.”
NOVEMBER 1, 2007
In June 2007, under the auspices of the Kuwait Journalists Association, LSKS attorney Ashley Kissinger taught a two-day course on the international law of free expression to Kuwaiti lawyers, editors and journalists in Kuwait City. Ms. Kissinger also served as a panelist at a regional conference held in Kuwait City on “Media Law in the Gulf: Judiciary and Freedom of Press,” conducted by the International Research and Exchanges Board.
JUNE 29, 2007
LSKS was rated as one of the leading firms in Media & Entertainment law in Washington, D.C., and New York, and as one of only two top “national” firms in the field of First Amendment litigation in the 2007 edition of Chambers USA. Published annually by Chambers and Partners and billed as “The Client’s Guide” to “America’s Leading Lawyers for Business,” Chambers USA provides tiered rankings of law firms by practice area and location based on surveys of lawyers and commercial users of legal services. Click here to read the Chambers USA commentary on LSKS and its attorneys.
JUNE 18, 2007
Tom Kelley, Steve Zansberg, and Chris Beall, who are among the pre-eminent media law practitioners in Colorado, have joined LSKS as partners and opened a new office for the firm in Denver. The attorneys, who come to LSKS from the law firm Faegre & Benson, are joined in Denver by LSKS partner Ashley Kissinger, who formerly was resident in the firm’s Washington, D.C., office. With its arrival in Denver, LSKS now has four offices offering legal services to clients nationwide. Click here to read the Denver Business Journal’s report on the new office.
MAY 14, 2007
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