 |
 |
 |
Top Headlines |
LSKS Obtains Dismissal of Conspiracy Claims Against Publisher A Colorado federal court dismissed constitutional claims against LSKS client Arkansas Valley Publishing Company based on an editorial written by a local mayor and published in the company’s Chaffee County Times. The mayor’s editorial opposed a referendum that would have permitted a controversial development. After the referendum failed, the developers claimed the mayor and the Times conspired to violate their constitutional rights. The court rejected plaintiffs’ conspiracy theory, holding that the plaintiffs could not show that the newspaper and the mayor had agreed to try to scuttle the development. The Arkansas Valley Publishing Company was represented by LSKS attorney Tom Kelley. February 15, 2012 Second Circuit Affirms LSKS Reporter’s Privilege Victory The Second Circuit affirmed the quashing of a subpoena for testimony from Jesse Eisinger, a former Wall Street Journal reporter. The district court had granted LSKS’s motion to quash a subpoena for Eisinger’s testimony in a civil suit against Goldman Sachs, ruling that the information sought was protected by the New York Shield Law and was not critical or necessary to the plaintiffs’ claims. The Second Circuit agreed, and further rejected plaintiffs’ effort to elicit testimony simply confirming that the published information was accurately reported. The court held that such questioning “cannot be divorced from unpublished material relating to the article.” The court refused to undermine the reporter’s privilege by allowing “a question deliberately framed to be (supposedly) outside the scope of the privilege” that would actually “have the effect of compelling testimony on cross-examination within the privilege.” Eisinger was represented by LSKS attorney Gayle Sproul. February 15, 2012 LSKS Obtains Dismissal of Claims Against New Jersey Publisher and Editor A New Jersey state court granted a motion to dismiss filed by LSKS on behalf of a magazine publisher and one of its editors. The claims were brought by the owner of a competing magazine, who alleged that LSKS’s clients tortiously interfered with its advertisers and misappropriated its trade secrets and confidential information. The publisher and editor were represented by LSKS attorneys Gayle Sproul, Michael Berry, and Paul Safier. February 3, 2012 LSKS Wins Copyright Case Based On Reality Show A federal judge in the Western District of Pennsylvania granted a motion to dismiss copyright claims brought against Viacom arising from the show “Charm School” on VH1. The court held that the plaintiff’s claims were barred by the statute of limitations and because he had not registered his copyright before filing suit. Viacom was represented in the case by LSKS attorneys Robert Penchina, Michael Berry, and Shaina Jones. January 31, 2012 Libel Claims Against LSKS News Client Dismissed A New York trial court dismissed claims against Cablevision arising from a News 12 report about the plaintiff’s arrest for having a cache of unregistered firearms in his home. Although the plaintiff alleged the report falsely implied he was dangerous and intent on hurting innocent people, the court held that the challenged statements were all either opinion or protected by New York’s fair report privilege. Cablevision was represented by LSKS attorneys David Schulz and Amba Datta. January 18, 2012 LSKS Announces Two New Partners LSKS is pleased to announce that, effective January 1, 2012, Alia Smith and Chad Bowman have become partners in the firm, resident in our Washington, DC office. January 8, 2012 LSKS Obtains Dismissal of Claims Against Comedian Jimmy Kimmel A New York court granted a motion to dismiss filed by LSKS on behalf of the host of Jimmy Kimmel Live! and ABC. The plaintiff in the case claimed the show misappropriated his image when it aired a clip depicting the plaintiff that had been posted on YouTube after editing the clip to make it appear that plaintiff was interacting with Jimmy Kimmel. The court held that because the show used the clip in a "satiric parody" of a newsworthy event -- a meeting between NBA star LeBron James and celebrity rabbi Yishayahu Pinto -- it did not violate New York's right of publicity law and was protected under the U.S. Constitution. Jimmy Kimmel and ABC were represented by LSKS attorney Robert Penchina. December 22, 2011 Two LSKS Attorneys Named Colorado "Lawyers Of The Year" Denver lawyers Steven Zansberg and Michael Beylkin were among eighteen lawyers and judges honored as "Lawyers of the Year" by Colorado Law Week. Zansberg and Beylkin were recognized for their work in representing the Associated Press and The Denver Post in successfully moving to unseal the arrest warrant affidavit for former Denver Bronco football player Perrish Cox, who stands accused of two sexual assault crimes. Zansberg and Beylkin also defeated Cox's request that the court close his preliminary hearing to the public. For their work in protecting the public's First Amendment right to access court records and proceedings, Zansberg and Beylkin were honored as "Constitutional Crusaders." December 19, 2011 LSKS Partner Speaks On National Security Leaks Lee Levine was a panelist at the Sixth Annual Intelligence and National Security Law Conference, entitled The Crisis in Information Sharing and Safeguarding, sponsored by the Office of General Counsel of the Department of Homeland Security in Washington, DC. Levine spoke on a panel addressing leaks of national security-related information to the press that was moderated by Professor Stephen Wermeil of the American University Washington College of Law. His fellow panelists were Judge Reggie B. Walton of the United States District Court for the District of Columbia, Kenneth L. Wainstein, former General Counsel to the FBI and United States Attorney for the District of Columbia, and Lucy Dalglish, Executive Director of the Reporter's Committee for Freedom of the Press. December 15, 2011 LSKS Secures Right To Tweet From Pennsylvania Preliminary Hearing Representing a coalition of national media entities, LSKS asked a Pennsylvania court to permit the press to email, text message, and tweet from the courtroom during the preliminary hearing of former Penn State coach Jerry Sandusky on child molestation charges. The court granted the request, finding that "permitting tweeting will enhance the news gathering capabilities of reporters, which is in the public interest." Gayle Sproul, Michael Berry, and Shaina Jones represented the media coalition. December 12, 2011 Eighth Circuit Affirms Summary Judgment for CBS in Minnesota Libel Suit The Eighth Circuit affirmed summary judgment for LSKS client CBS in a defamation suit arising from a local news report on a $1.8 million home giveaway. The contest sponsor alleged that he was defamed by the report, which raised questions about the propriety of the home giveaway and reported, among other things, that he had been arrested in connection with the contest; that the prize home was in foreclosure; and that the charitable foundation supposedly associated with the contest did not exist. The court affirmed the ruling that the plaintiff was a limited purpose public figure because he had voluntarily thrust himself to the forefront of the pre-existing controversy over the legality of the contest. The court further held that the plaintiff could not satisfy his burden to prove actual malice and that some of the challenged statements were substantially true. CBS and its reporter were represented by LSKS attorneys Michael Sullivan, Jeanette Melendez Bead and Chad Bowman. December 9, 2011 LSKS Successfully Defends Public Interest Group Against Libel Suit A defamation action against the National Center for Lesbian Rights was dropped after LSKS filed a motion to dismiss the case challenging the court's jurisdiction. The lawsuit was based on a blog post that appeared on the Center's website. The Center was represented by LSKS attorneys Jay Ward Brown and Shaina Jones. December 6, 2011 Court Grants Summary Judgment to HBO in Newsgathering Case A New York trial court granted summary judgment in favor of LSKS client HBO on claims arising from a production company's preparatory work for a documentary about the New York Police Department. The court ruled that plaintiff, who was shot by police as they executed a search warrant while being filmed from the public street by a cameraman engaged by the documentary's producer, failed to show that either HBO or the producer had acted in concert with NYPD to violate her rights. Jay Ward Brown represented HBO in the latter stages of the case. December 2, 2011 LSKS Defeats Effort To Enjoin Virginia Senate Debate LSKS successfully defended The Associated Press and the Virginia Capitol Correspondents Association against claims brought by a Virginia Senate candidate who contended that his exclusion from an upcoming debate violated his First Amendment rights. The court held that, as private parties, the debate sponsors could not be liable for alleged constitutional violations, and that, at any rate, the criteria used to invite candidates to the debate were reasonable and viewpoint neutral. The Associated Press and the Virginia Capitol Correspondents Association were represented by LSKS attorneys Nathan Siegel, Shaina Jones and Amba Datta. December 2, 2011 LSKS Attorney Calls For More Transparency In Wake of Penn State Scandal LSKS partner Michael Berry published a column in the Harrisburg Patriot-News arguing that the recent scandal at Penn State University illustrates the need to reform Pennsylvania's Right to Know Law. Berry called on the state's General Assembly to apply the open records law to Penn State and other state-related universities and to narrow the law's many exemptions to provide greater transparency. November 20, 2011 LSKS Partner Publishes Article On Social Media Users' Privacy Expectations Steve Zansberg and Janna Fischer, a law clerk at LSKS, co-authored Privacy Expectations in Online Social Media — An Emerging Generational Divide?, which appears in the November 2011 issue of Communications Lawyer. The article discusses how the privacy expectations of social media users vary depending on whether they are "digital natives" or "digital immigrants," and the implications for further evolution of the law of privacy. November 18, 2011 PLI's Communications Law in the Digital Age Features LSKS Partners LSKS partners Lee Levine and David Schulz played prominent roles in the Practising Law Institute's Communications Law in the Digital Age seminar. Levine served as co-chair of the event and moderated a number of panels, discussing topics ranging from reporter's privilege and anonymous speech to newsgathering liability. Schulz was the seminar's featured speaker about access to government records and proceedings. November 10-11, 2011 Lee Levine Interviewed By Harvard Law & Policy Review The Harvard Law & Policy Review has published an in-depth interview with LSKS partner Lee Levine on emerging First Amendment issues. The interview explored a variety of topics, including the Supreme Court's recent First Amendment jurisprudence and trends in newsgathering and reporting liability, particularly in the wake of Wikileaks' disclosure of classified information. November 10, 2011 Best Law Firms Honors LSKS’s National IP Practice And The Firm’s First Amendment And Media Work U.S. News Media Group and Best Lawyers® announced that LSKS has again been recognized as a leading law firm in its 2011-2012 “Best Law Firms” rankings. LSKS’s intellectual property practice was ranked nationally for intellectual property litigation, receiving a third tier ranking among all firms in the country. The firm received first tier rankings in First Amendment Litigation in Washington, DC and Colorado, and in Media and First Amendment Law in New York. These rankings are based on client and lawyer evaluations, peer reviews, and other information collected by the publishers. November 1, 2011 LSKS Attorney Advocates For Free Speech in Azerbaijan Katharine Larsen and an international team of attorneys submitted written comments to the European Court of Human Rights on behalf of the Media Legal Defence Initiative, the Media Rights Institute, and Index on Censorship in a case against the Government of Azerbaijan. The attorneys urged the Court to hold that Azerbaijan has failed to comply with its positive obligation under the European Convention of Human Rights to protect its citizens' right to free expression. October 21, 2011 Second Circuit Affirms LSKS Win in Long-Running Marketing Law Action The U.S. Court of Appeals for the Second Circuit affirmed the dismissal of claims against American Lawyer Media, publisher of the Connecticut Law Tribune, in the latest of a series of putative class actions against the publisher under the Telephone Consumer Protection Act. The appellate court ruled that the claims, based on alleged unauthorized facsimile transmissions, were time-barred under the applicable Connecticut statute of limitations. ALM was represented by Elizabeth Koch and Chad Bowman. A copy of the court's decision can be found here. October 17, 2011 Fourth Edition of Newsgathering and the Law Published LSKS partners Lee Levine and Seth Berlin are co-authors of the just released Fourth Edition of Newsgathering and the Law (Lexis 2011), together with law professors Robert Lind and C. Thomas Dienes. Since its initial publication in 1995, Newsgathering and the Law has become the seminal treatise on the subject. The Fourth Edition weighs in at just under 2,000 pages in nineteen separate chapters spread over two volumes. The treatise has been fully updated and also has been expanded to include greater coverage of the law in a number of substantive areas. These include, for example: access to military proceedings and proceedings in civilian courts that raise national security issues; the use of of technology to text, tweet and blog from the courtroom; the application to the media of criminal statutes such as the Espionage Act; the production of reality television programming; and efforts to compel the media to disclose confidential sources, unpublished information and, in a completely new chapter, the identities of anonymous posters. The treatise is available from Lexis here. October 7, 2011 LSKS Prevails in Pennsylvania Open Records Case Seeking State Senate Records In the first court case challenging the Pennsylvania legislature's decision to withhold records under the state's Right-to-Know Law, LSKS successfully represented the Associated Press and its reporter Marc Levy in their effort to obtain attorney billing records submitted by Senate employees for reimbursement in the wake of FBI raids on the house and business of a leading state senator. The Commonwealth Court rejected the Senate's arguments that client identities are privileged and all descriptions of legal services must be redacted. Levy and the AP were represented by Gayle Sproul. A copy of the court's decision can be found here. October 6, 2011 Michael Sullivan and Tom Kelley Named As 2012 "Lawyers of the Year" LSKS is pleased to announce that two of its partners have been recognized as "Lawyers of the Year" by The Best Lawyers In America. Michael Sullivan was named Washington, DC Media Law "Lawyer of the Year" for 2012, and, for the second year in a row, Tom Kelley was named Denver First Amendment "Lawyer of the Year." The Best Lawyers 2012 rankings were based on more than 3.9 million evaluations of lawyers by other lawyers, and only a single lawyer in each specialty in each community receives the "Lawyer of the Year" honor. October 4, 2011 LSKS Attorney Discusses Supreme Court’s Direction at First Amendment Seminar LSKS Partner Lee Levine was among a panel of media law experts discussing the Supreme Court’s direction on free speech issues as part of a seminar on the First Amendment sponsored by the Media Institute. Levine told the audience that the Court’s general direction is promising because it has repeatedly rejected content-based regulations of speech. Because the Court has not taken a news media case for years, “we get press law by accident,” Levine added. For example, he explained, the Court’s expansive definition in Snyder v. Phelps of what constitutes speech about an issue of “public concern” – and thus receives the most expansive First Amendment protection – will be “used in press cases for years to come.” October 4, 2011 Virgin Islands Supreme Court Affirms Directed Verdict for LSKS Client The Supreme Court of the Virgin Islands affirmed the directed verdict LSKS obtained on behalf of The Virgin Islands Daily News and two of its reporters in a defamation action filed by a local judge over articles and an editorial reporting on his bail decisions. Following a two-week jury trial, the trial court entered judgment in the newspaper’s favor. On appeal, the Supreme Court ruled that plaintiff failed to establish that the newspaper had published the articles and editorial with actual malice or intended the defamatory implications. The Court also held that the editorial was constitutionally protected opinion. LSKS attorneys Michael Sullivan, Michael Berry and Celeste Phillips represented the defendants. September 21, 2011 LSKS Attorney Speaks to High School Journalists About Their Rights and Responsibilities At the first annual Constitution Day event put on by the Colorado High School Press Association, at the University of Colorado's Journalism and Mass Communications program, Steve Zansberg delivered the keynote address: "Student Journalism -- Precious Rights: Use Responsibly, Use Enthusiastically!" The program was attended by student journalists, and their faculty advisors, from high schools around the state of Colorado. Zansberg's remarks highlighted the rights afforded to student journalists under both the Constitution and Colorado's Student Free Expression Law. Zansberg also surveyed the categories of unprotected speech and offered pointers on how to reduce liability exposure. September 17, 2011 LSKS Attorney Speaks to News Editors About Subpoenas, Shield Laws, and Retention of Reporters' Notes Steve Zansberg spoke to the nation's Managing Editors at the annual conference of the Associated Press Media Editors in Denver. Zansberg appeared on a panel that explored how reporters should handle confidential source materials and other notes retention issues, in the absence of a federal shield law. Also appearing on the panel were David Tomlin, the Associate Counsel for the AP, and Laura Frank, Executive Director of I-News, The Rocky Mountain Independent News Network. September 15, 2011 LSKS Client Prevails In Illinois Newsgathering Case LSKS successfully represented CBS in a federal case in Illinois in which the plaintiffs claimed that CBS invaded their privacy and caused emotional distress by filming them in the backyard of a home in connection with CBS's reporting on an ongoing murder investigation. The court granted summary judgment, explaining that “when objects are in plain view, there is no legitimate expectation of privacy.” CBS was represented by Lee Levine, Jay Ward Brown, Ashley Kissinger, and Katharine Larsen. September 13, 2011 LSKS Successfully Defends Washington, DC Newspaper Against Libel Suit Brought By Redskins’ Owner Dan Snyder, the owner of the Washington Redskins, dropped his lawsuit against LSKS client Washington City Paper after it filed a motion to dismiss under DC’s new anti-SLAPP law. Mr. Snyder had claimed that the newspaper defamed him in a column called “The Cranky Redskins Fan’s Guide to Dan Snyder.” LSKS’s motion argued, among other things, that Mr. Snyder filed suit to silence the paper’s critical coverage of him, and that none of his claims had any merit. LSKS attorneys Seth Berlin, Jay Ward Brown, Alia Smith, and Amba Datta represented the newspaper. September 10, 2011 LSKS Defamation Trial Verdict Victory Upheld In Pennsylvania The defense verdict LSKS obtained on behalf of The Pocono Record after a jury trial stands, as the trial court has denied the plaintiffs' motion for a new trial. The court rejected each of plaintiffs' post-trial challenges and affirmed the jury's verdict that the articles at issue in the case accurately reported that plaintiffs' homebuilding business sold homes at inflated prices based on inflated appraisals. LSKS attorneys Gayle Sproul and Michael Berry represented The Pocono Record (a Dow Jones publication). September 8, 2011 LSKS is pleased to announce that Julia C. Atcherley has joined LSKS as an associate in its New York office. Julia previously worked as a solicitor at Australian-based law firm Mallesons Stephen Jaques in Sydney, where she was a member of the firm’s Intellectual Property and Media law group. She graduated with highest honors from the University of Sydney Law School and received her Masters of Laws (LL.M.) from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar. Julia’s admission to the New York bar is pending. September 6, 2011 LSKS Obtains Dismissal of Claims Against CBS Outdoor Inc. A New Jersey federal court granted a motion to dismiss filed by LSKS on behalf of CBS Outdoor. In this case, plaintiffs alleged that CBS Outdoor engaged in unconstitutional viewpoint discrimination when it refused to run plaintiffs' anti-abortion advertisement on its billboards unless cetain imagery was removed. The court rejected plaintiffs' claims, holding that plaintiffs had failed to allege any facts to suggest that CBS Outdoor, a private company, could be liable for violating plaintiffs' constitutional rights and noting as well that private parties generally have a First Amendment right to place editorial restrictions on expression in forums they control. LSKS attorneys Lee Levine and Paul Safier represented CBS Outdoor. September 2, 2011 LSKS Attorney Publishes Article On Media's Right To Record Court Proceedings Steve Zansberg co-authored an article, Expanded Media Coverage in Colorado Courts, that appears in the September 2011 edition of The Colorado Lawyer. The article addresses the rules governing use of cameras and microphones to broadcast and/or record judicial proceedings in Colorado and federal courts, focusing in particular on the increasing openness of Colorado courts to such press access. September 1, 2011 Nine LSKS Attorneys Recognized By The Best Lawyers In America LSKS partners Seth Berlin, Betsy Koch, 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 Colorado office have been selected for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). The Best Lawyers in America bills itself as “as the definitive guide to legal excellence” and selects attorneys based on an exhaustive peer-review survey of leading lawyers. August 31, 2011 New York Appeals Court Rules That New York City Teacher Performance Data Must Be Released LSKS represented a coalition of national and local news organizations in successfully defending on appeal a trial court's order compelling the New York City Board of Education to release data reports on the effectiveness of individual teachers. In a case closely followed by national education policy experts, the United Federation of Teachers sought to block the records' release, claiming that the newly developed statistical measures are deeply flawed and their disclosure would violate teachers' privacy rights. The appeals court affirmed the lower court's conclusion that New York's Freedom of Information Law requires the reports to be made available to the public. It found any potential privacy interest of the teachers to be outweighed by a "compelling interest" in public disclosure, namely, the public's right to know "the proficiency of public employees in the performance of their job duties." LSKS attorneys Dave Schulz, Cam Stracher, and Amanda Leith represented the news organizations. August 25, 2011 LSKS Successfully Quashes Subpoena To Pennsylvania Newspaper A Pennsylvania federal court granted a motion filed by LSKS to quash a subpoena to its client, The Pocono Record. The subpoena sought trial testimony about articles, letters to the editor and comments that readers posted on the newspaper's website. The court held that the subpoena was unduly burdensome and sought testimony that was either irrelevant or inadmissible. LSKS attorneys Gayle Sproul and Mike Berry represented The Pocono Record (a Dow Jones publication). August 18, 2011 LSKS Wins Release of Arrest Affidavit In Case Of Professional Football Player Charged With Sexual Assault Acting on behalf of The Associated Press and The Denver Post, LSKS prevailed in obtaining the affidavit supporting the arrest of Perrish Cox, a Denver Broncos football player charged with sexual assault. On June 29, 2011, a Colorado trial court granted access to the affidavit, rejecting arguments that the press lacked standing and that releasing the affidavit would compromise Cox’s right to a fair trial. After the state’s Supreme Court refused to hear Cox’s emergency appeal, the trial court ordered a redacted version of the affidavit to be released immediately. LSKS attorneys Steve Zansberg and Michael Beylkin represented AP and The Denver Post. July 22, 2011 Second Circuit Affirms First Amendment Right of Access to Transit Board Hearings LSKS filed an amicus brief on behalf of twelve news organizations, including Dow Jones & Co., Inc., The New York Times Company, The Associated Press, The Hearst Corporation, The McClatchy Company, Gannett Co., Inc., and Advance Publications, urging the recognition of a constitutional right of access to proceedings held before an administrative agency. In an opinion with great significance for the development of the constitutional access right, the U.S. Court of Appeals for the Second Circuit agreed with the arguments advanced on behalf of the news organizations and held that the First Amendment right of access extends to administrative hearings conducted by the New York City Transit Authority. The Court applied the same standard used by the U.S. Supreme Court in finding a right of access to judicial proceedings, and found no basis for limiting the access right to the judicial branch. The ruling struck down as unconstitutional the agency’s policy that gave individuals charged with violating transit rules the right to exclude the public from an administrative hearing on those charges. LSKS attorneys David Schulz and Jacob Goldstein represented the media amici in the matter. July 20, 2011 Tenth Circuit Affirms Dismissal of Libel Claims Arising From Documentary Cable Show The U.S. Court of Appeals for the Tenth Circuit has affirmed the summary judgment awarded to A&E Television Networks in a libel case brought by a prisoner challenging his depiction on the cable program Gangland: Aryan Brotherhood. The court ruled that calling the plaintiff a member of the Aryan Brotherhood prison gang when he "merely conspired with the Brotherhood in a criminal enterprise" is not actionable because it is substantially true. LSKS attorneys Tom Kelley and Steve Zansberg represented AETN in the matter. July 19, 2011 LSKS Successfully Quashes Subpoena To Reality Television Producer A trial court in New York City granted a motion to quash a subpoena served by a criminal defendant on Al Roker Entertainment. The defendant sought outtakes from his appearance on DEA, a television show broadcast on Spike TV that follows the activities of agents for the U.S. Drug Enforcement Agency. In its ruling, the court held that the defendant had not established that the outtakes contained any “highly material facts critical to his defense in the criminal case” and had not made any efforts to seek the information contained in the outtakes from another source. Roker was represented by LSKS attorney Cam Stracher. June 27, 2011 LSKS Attorneys Write About Internet Law Developments Steve Zansberg, Ashley Kissinger, and Katharine Larsen contributed to Recent Developments in Media, Privacy, and Defamation Law, which is published in the Winter 2011 issue of the Tort Trial & Insurance Practice Law Journal. The LSKS attorneys wrote about recent trends in internet law, including developments in the areas of anonymous online speech, personal jurisdiction, Section 230 immunity, and the single publication rule. June 23, 2011 LSKS Wins Indemnification Claims in Copyright Case LSKS successfully represented Unisystems Inc. d/b/a Modern Publishing in winning indemnification of copyright infringement claims asserted against it. A federal judge granted summary judgment in favor of Unisystems and other licensees on their counterclaims seeking reimbursement for all amounts paid in settlement of the copyright claims and legal fees incurred in defending against those claims and pursuing indemnification. LSKS attorney Robert Penchina represented Unisystems. June 17, 2011 LSKS Obtains Dismissal Of Libel Claims Against Canadian Broadcaster A New York state court granted the firm's motion to dismiss libel claims brought by a Canadian online-marketing company and its owner against Canada's largest independent television network, CTVglobemedia Inc. The claims arose out of a news-magazine broadcast about plaintiffs' unsavory marketing practices, their global impact on unwary customers, and the difficulties local prosecutors face in policing deceptive practices on the Internet. The court held that jurisdiction did not exist in New York to litigate the libel claims between Canadian parties, even though a portion of the news report was taped in New York, and further held that the case should properly be litigated in Canada even if jurisdiction existed in New York, because all of the parties and most of the evidence were located in Canada. LSKS attorneys David Schulz and Jacob Goldstein represented CTVglobemedia in the case. June 16, 2011 LSKS Secures Right to Record School Board Meetings Under New York's Open Meetings Law LSKS successfully represented Cablevision's News 12 Westchester in its challenge to a board of education's refusal to permit the station to film meetings convened to discuss two recent suicides at a local high school. The court held that the board's concern about the impact media coverage might have on students was an improper basis for refusing to permit News 12 to record the meetings. LSKS attorneys David Schulz and Jacob Goldstein represented News 12 in the case. June 13, 2011 LSKS Attorney Discusses Public Records and Media Law at Investigative Reporting Conference Steve Zansberg spoke at the 2011 Annual Conference of Investigative Reporters and Editors in Orlando, Florida, presenting a talk entitled "Fighting for Access to Public Records" and fielding questions on a wide variety of legal topics concerning newsgathering and watchdog journalism in a separate session on media law. The tip sheet for Steve's talk on recent developments in both state public-records law and federal FOIA law is available here. June 10-11, 2011 LSKS And Its Attorneys Recognized by Chambers As Among The Best In U.S.
June 10, 2011 LSKS Attorneys Publish Law Review Article Addressing First Amendment Limits on Criminal Liability for Reporting Lee Levine, Nathan E. Siegel and Jeanette Melendez Bead published an article, Handcuffing the Press: First Amendment Limitations on the Reach of Criminal Statutes as Applied to the Media, in the New York Law School Law Review. The article addresses whether the First Amendment protects journalists from criminal liability for publishing information from sources when the source itself might have broken the law either obtaining or disclosing the information. The article ultimately concludes that "any attempt to seek criminal (or civil) sanctions against the press for providing what might be deemed incentives to sources so that they will provide information about newsworthy matters would face substantial First Amendment hurdles." June 6, 2011 LSKS Submits Comments To British Government On Proposed Changes To English Defamation Law LSKS represented ABC, The Associated Press, CBS, NBCUniversal, and The New York Times in submitting comments to the British Ministry of Justice and Parliament on the draft defamation bill being considered in England. The submission, which can be viewed here, supported the bill's inclusion of jurisdictional limits on defamation actions, advocated for greater protections for secondary publishers in the online context, and strongly encouraged requiring a defamation plaintiff to prove falsity when a challenged statement involves a matter of public concern. LSKS attorneys David Schulz, Steve Zansberg, and Katharine Larsen drafted the submission. June 3, 2011 LSKS Partner Speaks About Pennsylvania Right to Know Law Michael Berry spoke at the Pennsylvania Bar Institute's annual municipal law seminar for township solicitors, where he discussed emerging issues in the state's new Right to Know Law. June 3, 2011 MLRC Institute Trustees Elect Jay Brown Chair The Board of Trustees of the Media Law Resource Center Institute has elected LSKS Partner Jay Ward Brown to a two-year term as its Chair. The Institute is the non-profit educational arm of the MLRC, which produces and promotes numerous projects in the schools and on the Internet to teach students and adults about the First Amendment and the role of the press in our system of government. Jay served as Treasurer of the Institute for a number of years prior to becoming Chair. The MLRC Institute is on Facebook at http://www.facebook.com/MLRCInstitute. June 2, 2011 Ashley Kissinger and Chad Bowman were recently quoted in "Facebook Postings Subject to Federal Anti-Spam Law." The article, published in the ABA's June edition of Litigation News, addresses a recent Northern District of California decision holding that messages posted on Facebook are "electronic mail messages" subject to the CAN-SPAM Act. To read the article, click here. May 26, 2011 LSKS Attorney Talks About Media Law Risks For Non-Media Companies Michael Berry spoke at a continuing legal education program for corporate counsel in Philadelphia. His talk was titled "Every Company is in the Media Business. A Media Attorney's Look at the Legal Landscape Corporations Face in the Digital Age," and focused on the legal risks companies face arising from content they and their employees post on the Internet. The program was sponsored by the alumni association of Temple University's law school. May 25, 2011 LSKS Client Defeats Motion To Close Sentencing Hearing LSKS successfully represented The Denver Post in opposing a motion by a criminal defendant to close his sentencing hearing. The defendant, who had been the star witness in the prosecution of the killer of a Denver Broncos player and cooperated with the government in other cases, asked for the hearing to be closed out of fear for his personal safety. LSKS's Christopher Beall argued that the First Amendment bars a wholesale closure of sentencing hearings. Within two hours of the filing of the newspaper's opposition, the defendant asked to withdraw his motion, and the sentencing hearing is expected to take place in public. May 6, 2011 Paul Safier has joined LSKS as an associate in the firm's Philadelphia office. Paul is a magna cum laude graduate of the University of Pennsylvania Law School, where he was an editor on the law review. Following law school, Paul served as as a law clerk to the Honorable Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. He is admitted to practice in Pennsylvania. April 29, 2011 LSKS Prevails In Preliminary Injunction Hearing LSKS attorneys Christopher Beall and Michael Beylkin successfully defended blogger and former magazine publisher Candy Campbell in connection with a preliminary injunction motion seeking a take-down of Ms. Campbell's entire blog at proseproject.wordpress.com, which has been challenged by the plaintiff in the underlying defamation suit by Vail, Colorado businessman Bjorn Borgen. The Denver, Colorado trial court ruled against the plaintiff's motion for a preliminary injunction on the grounds that the First Amendment prohibits the issuance of a prior restraint. April 27, 2011 LSKS Attorneys Succeed In Fending Off Gag Order In Idaho Federal Court In a contentious class action lawsuit involving claims of inhumane and abusive conditions in a privately-run state prison, a federal judge in Idaho granted the Associated Press' motion to intervene for purposes of opposing the defendants' request to impose a "gag order" on the plaintiffs' trial counsel, who had been a vocal critic of the conditions in the prison. The court held that AP had a sufficient First Amendment interest to be heard in opposition to the proposed gag order, and agreed with the AP that the defendants had not presented a sufficient basis for imposing the broad prior restraint on speech that they had requested. LSKS attorneys David Schulz and Steve Zansberg represented the AP, along with Charles A. Brown, of Lewiston, Idaho. To read a copy of the court's decision, please click here. LSKS Attorney Speaks About The Legal Issues Facing New Media Michael Berry spoke on a panel titled "Fair & Balanced? Journalism May Never Be Truly Objective, But Is it Now Truly Over the Top?" Berry discussed the legal implications for new media publishers and opinion journalists. The discussion was hosted by the Philadelphia Public Relations Association, the Philadelphia Chapter of the Society of Professional Journalists, and the Philadelphia Bar Association. Editors from the Philadelphia Inquirer, FOX 29, and People Magazine, and a leading public relations practitioner, also served on the panel. APRIL 27, 2010 LSKS Attorney Speaks To National Health Care Journalist Organization
LSKS Prevails in Pennsylvania Open Records Case Seeking Troopers' Supplemental Employment Records APRIL 11, 2011 Amba Datta and Michael Beylkin Join LSKS Amba Datta and Michael Beylkin have joined LSKS as associates. Amba is a magna cum laude graduate of the University of Minnesota Law School, where she served on the Minnesota Law Review and worked at the Silha Center for Media Ethics & Law. She is admitted to practice in New York and the District of Columbia, and will be working in the firm's Washington, DC office. Michael, who graduated first in his class from the University of Colorado Law School, will be working in LSKS's Denver office. Following law school, Michael served as a law clerk to the Honorable Timothy M. Tymkovich of the United States Court of Appeals for the Tenth Circuit. He is admitted to practice in Colorado. APRIL 11, 2011 LSKS Attorney Speaks to New York Press Association LSKS Obtains Dismissal Of Libel Claims In New York A New York state court granted a motion for summary judgment in a libel action against Newsday arising out of an article describing the challenges faced by parents of high-functioning autistic children. The court held that the article, which featured the story of an autistic young adult who agreed to buy a used car from plaintiffs for more than double its advertised price, did not falsely imply that plaintiffs were motivated to take advantage of the young man because of his disability. The court further found that even if it were to accept plaintiffs' claimed implication, the article had outlined all the relevant facts, and any negative implication constituted non-actionable opinion based on disclosed facts. The defendants were represented by LSKS attorneys David Schulz and Amanda Leith. APRIL 6, 2011 ABA Names LSKS Associate Jake Goldstein Outstanding Subcommittee Chair
APRIL 1, 2011 LSKS Wins Ruling On Arbitration Agreement In Reality Television Case LSKS successfully represented ABC and the producer of the television show "Wife Swap" in connection with a motion to compel arbitration of a lawsuit brought by one of the show's former participants. The plaintiff, a minor at the time the show was produced and aired, brought the suit in New York state court when she turned 18. The court held that a parent can bind a minor to an arbitration clause and any disputes about a contract signed on her behalf are for the arbitrator to resolve. Defendants were represented by LSKS attorneys Nathan Siegel and Amanda Leith. A copy of the court's decision can be found here. MARCH 30, 2011 LSKS Wins Summary Judgment In Libel Case In DC Federal Court MARCH 30, 2011 LSKS Wins Defense Verdict In Copyright Case A trial team led by LSKS's Christopher Beall won a full defense verdict in Brooklyn federal court in a copyright infringement case involving the distribution of dozens of classic Soviet-era Russian movies. In the case, LSKS's California-based client, Image Entertainment, Inc., was accused of infringing the plaintiff's distribution rights, for which the plaintiff sought more than $10 million in damages from Image and other defendants. After a four-day bench trial, the court ruled that the DVDs distributed by the defendants did not infringe the plaintiff's copyright rights. The court concluded that the Russian-language license agreements that were central to the parties' dispute did not bar Image or the other defendants from distributing multilingual DVD versions of the Russian films, holding that the fact that a viewer could disable the English dubbing or subtitling in the DVDs, and thereby play the disks in Russian language, was not a violation of the plaintiff's copyright rights. Click here to read the court's decision. MARCH 4, 2011 LSKS Attorneys Elected to ABA Leadership Positions FEBRUARY 7, 2011 LSKS Attorney Speaks To ABA Forum On Communications Law About Anonymous Online Speech At the ABA Forum on Communications Law's 16th Annual Conference, LSKS partner Ashley Kissinger served on a plenary panel entitled: "The More Things Change, the More They Stay the Same? Protection for Defamatory, Offensive and Anonymous Speech in the Analog and Digital Eras." Ashley spoke about the legal and practical issues arising from anonymous online speech, a subject on which she has written extensively. FEBRUARY 4, 2011 LSKS Wins Copyright Suit Arising from Music In Documentery
LSKS Announces New Partner And Of Counsel LSKS is pleased to announce that, effective January 1, 2011, Michael Berry has become a partner in the firm, resident in our Philadelphia, Pennsylvania office, and Alia Smith is now Of Counsel, resident in our Washington, DC office. Mike graduated with highest honors from the University of North Carolina School of Law, where he was Editor in Chief of the North Carolina Law Review. Following law school, he served as a law clerk to the Honorable David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. Mike is admitted to practice in Pennsylvania, New Jersey, and New York and has litigated cases in state and federal courts around the country. This past year, Mike along with other attorneys from LSKS successfully defended newspapers against defamation claims at trials in the U.S. Virgin Islands and in Pennsylvania state court. Alia joined LSKS in 2003 as one of the founding attorneys of the firm's New York office, and since 2009 has been resident in the firm's Washington, D.C. office. Alia, who graduated with high honors from The George Washington University Law School and served as a law clerk to The Honorable David A. Ezra of the U.S. District Court for the District of Hawaii, is admitted to practice in state and federal courts in New York and Washington, D.C. LSKS Successfully Defends CBS In Minnesota Libel Suit A federal court in Minnesota has dismissed a defamation lawsuit brought against CBS arising from a local news report on a $1.8 million home giveaway. The contest sponsor alleged that he was defamed by the report, which raised questions about the propriety of the home giveaway and reported, among other things, that he had been arrested in connection with the contest; that the prize home was in foreclosure; and that the charitable foundation supposedly associated with the contest did not exist. Concluding that the plaintiff had voluntarily thrust himself to the forefront of the pre-existing controversy over the legality of the contest, the court deemed the plaintiff a limited purpose public figure and determined that he could not satisfy his burden to prove actual malice. CBS and its reporter were represented by LSKS attorneys Michael Sullivan, Jeanette Melendez Bead and Chad Bowman. A copy of the court's decision can be found here. JANUARY 12, 2011 LSKS Successfully Opposes Attempt to Block Release of Teachers' Job Performance Information LSKS successfully represented a coalition of media organizations in opposing an effort by the New York City teachers union to block the release of reports assessing the job performance of city school teachers under New York's Freedom of Information Law. A judge on the New York Supreme Court denied the union's petition, finding that the Department of Education properly determined that the teachers had no significant privacy interest in the performance of their public functions, and that release of the reports was crucial to local control of public schools. LSKS attorneys Dave Schulz, Cam Stracher, and Amanda Leith represented the media coalition. A copy of the court's ruling can be found here. JANUARY 10, 2011 LSKS Secures Important Victory Under Illinois Anti-SLAPP Law LSKS Wins Dismissal of Trademark Infringement Claims Relating to Cartoon Characters A judge in the U.S. District Court for the Southern District of New York dismissed contributory trademark infringement and related claims against the owners of famous cartoon characters who had licensed those characters to a jewelry company to use in charm bracelets. According to the plaintiff in the case, that company sold the bracelets under a name that allegedly infringed plaintiff’s trademarks. The court rejected the claims against the owners of the cartoon characters because the plaintiff could not plead that they had continued to supply their characters to the jewelry company after obtaining knowledge of the alleged infringements. LSKS attorneys Robert Penchina and Jeanette Melendez Bead successfully represented many of the cartoon characters' owners, including DIC I Corporation, Hearst Holdings, Inc., Houghton Mifflin Company, Fleischer Studios, Inc., King Features Syndicate, Universal Studios Licensing LLLP, and Viacom International Inc. DECEMBER 6, 2010 LSKS Wins Dismissal of Libel Action for Denver Newspaper LSKS Secures Dismissal Of Claims Based on Alleged Theft of Idea for Reality TV Show A federal court in Philadelphia, Pennsylvania granted summary judgment in favor of Viacom, Inc. in a case in which two plaintiffs claimed that Viacom stole their idea for a reality television show when it began broadcasting “Charm School” on VH1. Earlier, the Court dismissed similar claims against the show’s producers, 51 Minds and Cris Abrego, for lack of jurisdiction. LSKS attorneys Robert Penchina, Michael Berry, and Laura Leitner represented Viacom, 51 Minds, and Abrego. NOVEMBER 18, 2010 LSKS Enforces Right Of Access To Court Records LSKS successfully represented the Wall Street Journal in a motion to unseal a report filed in bankruptcy court detailing the ownership positions in the debtor of various hedge funds (aka “ad hoc noteholders group”). The group opposed the motion on both procedural and substantive grounds, arguing that the newspaper had both waited too long to intervene and had no standing to challenge the sealing order, and that the information at issue was confidential commercial information to which no right of access applied. The court rejected both arguments, ruling that the newspaper should be permitted to intervene for the purpose of enforcing the public’s right of access, and that the group had not provided sufficient evidence to justify keeping the information under seal. The newspaper was represented by LSKS attorneys Gayle Sproul and Amanda Leith. A copy of the court’s decision can be found here. NOVEMBER 16, 2010 LSKS Enforces Right Of Access To Trial Evidence LSKS successfully represented Newsday in seeking access to copies of videotape evidence used in a murder trial in New York state court. The court affirmed the constitutional and common law rights of access to court proceedings and the public’s right to inspect and copy any item entered into evidence at a public trial. In ruling in the newspaper’s favor, the court rejected arguments by the prosecution and defense that the copying of the evidence would pose a risk to a fair trial. Newsday was represented by LSKS attorney Amanda Leith. A copy of the court’s ruling can be found here. NOVEMBER 15, 2010 LSKS Obtains Dismissal of Libel Claims in Colorado On November 8, 2010, the District Court for San Miguel, Colorado, granted summary judgment in a libel action against the producers of a documentary that aired on the truTV cable network. The documentary focused upon the investigation into the murder of Eva Shoen, the wife of Dr. Samuel Shoen, one of the heirs to the U-Haul family business. The plaintiff, Mark Shoen, another member of the U-Haul family, sued the producers, Turner Broadcasting System (which owns truTV), and others. In granting the motion for summary judgment, the court held that the documentary did not libel the plaintiff: “The overall substance of [the documentary] does not convey a defamatory meaning, because it accurately depicts two competing theories regarding Eva Shoen's murder without endorsing either theory.” The producers and Turner Broadcasting System were represented by LSKS attorneys Tom Kelley and Steve Zansberg. NOVEMBER 8, 2010 LSKS Obtains Dismissal of Libel Claims in New York A New York state court granted a motion to dismiss a libel action against the Associated Press, CBS Radio and Newsday arising out of their news reports about the plaintiff's arrest. The court ruled that the reports, which were based on statements made by county and police officials during a press conference about the investigation and arrest, were protected by New York's fair report privilege. LSKS attorneys David Schulz and Amanda Leith represented the AP, CBS Radio, and Newsday in the case. A copy of the court’s opinion dismissing the case can be found here. NOVEMBER 8, 2010 Jay Ward Brown Rejoins LSKS NOVEMBER 8, 2010 LSKS Obtains Defense Verdict in Pennsylvania Defamation Trial After a nine-day trial, it took a Monroe County, Pennsylvania jury just under two hours to unanimously conclude that LSKS clients The Pocono Record and its former reporter, Matt Birkbeck, had not libeled Raintree Homes, a real-estate developer, in a 2001 series investigating the reasons behind the foreclosure crisis in the Pocono Mountain region of Northeastern Pennsylvania. On October 21, 2010, the jury in Raintree Homes v. Birkbeck found that the newspaper accurately reported that Raintree sold homes at inflated prices based on inflated appraisals to buyers with marginal credit, thereby contributing to the high foreclosure rate. The plaintiff had sought over $27 million in damages. LSKS attorneys Gayle Sproul and Michael Berry represented The Pocono Record (a Dow Jones publication) and Birkbeck. OCTOBER 21, 2010 Lee Levine and Tom Kelley Named as Best Lawyers’ 2011 “Lawyers of the Year” LSKS is pleased to announce that two of its partners have been recognized as “Lawyers of the Year” by Best Lawyers. Lee Levine was named Washington, DC First Amendment “Lawyer of the Year” for 2011, and Tom Kelley was named Denver First Amendment “Lawyer of the Year” for 2011. The Best Lawyers 2011 rankings were based on more than 3.1 million evaluations, and only a single lawyer in the First Amendment specialty in each community receives the "Lawyer of the Year" honor. Best Lawyers has recognized Tom as a "Best Lawyer" every year since 1991, and Lee every year since 1995, each for their expertise in First Amendment law. OCTOBER 21, 2010 Jacob Goldstein and Shaina Jones Join LSKS Jacob Goldstein and Shaina Jones have joined LSKS as associates. Goldstein, who is a graduate of Columbia University School of Law, was the First Amendment Fellow in The New York Times Company's legal department. Previously, he served as a law clerk to the Honorable Allyne R. Ross of the United States District Court for the Eastern District of New York and to the Honorable Chester J. Straub of the United States Court of Appeals for the Second Circuit. Goldstein is admitted to practice in New York and will be working in the firm’s New York office. Jones, who will be working in the firm's Washington, D.C. office, is a graduate of the Vanderbilt University Law School. Prior to joining the firm, she served as a clerk to the Honorable Raymond A. Jackson of the United States District Court for the Eastern District of Virginia. Jones is admitted to practice in Virginia. SEPTEMBER 30, 2010 Best Lawyers Honors LSKS with Three "Tier 1" Law Firm Rankings While Best Lawyers has long ranked individual lawyers, including eight LSKS partners, it has added law firms to its rankings for the first time this year. LSKS was pleased to receive a “Tier 1” ranking in Media and First Amendment Law for its practices in Denver, New York, and Washington, D.C. In client comments included with the rankings, clients described LSKS as “the best overall in class” and “perhaps the leading firm nationally in this area, for depth of bench, specialized expertise, and can-do ability for matters large and small.” Other clients commended the firm for offering “the expertise and service of the largest law firms in the country in a responsive and cost-effective way,” praised the firm for its “excellent intellectual property litigators,” and singled out Michael Sullivan as “probably the best jury-trial lawyer for a media defendant bar none.” The firm’s rankings and client comments are available here. In addition to the firm’s rankings, the LSKS partners who are individually ranked are Chris Beall, Seth Berlin, Tom Kelley, Lee Levine, Dave Schulz, Nathan Siegel, Michael Sullivan, and Steve Zansberg. SEPTEMBER 1, 2010 LSKS Defeats Effort to Compel Reporter to Reveal Confidential Sources LSKS successfully opposed a motion to compel a Newsday reporter to reveal a confidential sources for a report concerning a criminal defendant’s sealed habeas corpus petition complaining about the conditions of his confinement. The judge denied the defendant’s effort to uncover the reporter’s sources because the defendant had not established that the information was critical to his case or exhausted other avenues to discover the source. The reporter was represented by LSKS attorneys David Schulz, Amanda Leith and Laura Leitner. AUGUST 20, 2010 Documentary Filmmakers Represented by LSKS Win Massachusetts Libel Suit AUGUST 16, 2010 LSKS Secures Landmark Ruling For Press Under Nevada Anti-SLAPP Statute LSKS, Firm Lawyers Identified by Chambers as Among the Best in U.S.
JUNE 15, 2010 Zansberg Discusses Open Records, Privacy Rights at IRE Convention 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 LSKS Prevails in Significant Trademark Dilution Case On June 11, 2010, the U.S. Trademark Trial and Appeal Board (“TTAB”) ruled in favor of LSKS’s client National Pork Board, the quasi-governmental agency responsible for promotion of the pork industry in the United States, in an important trademark dilution case involving the mark THE OTHER WHITE MEAT®. The TTAB sustained National Pork Board’s opposition to an application to register the slogan “The Other Red Meat” as a trademark for salmon, on the grounds that such a slogan would blur the distinctiveness of National Pork Board’s famous mark. Based on the evidence presented by LSKS during a month-long administrative trial, the TTAB found National Pork Board’s mark to be one of the most recognizable marks in the United States, and it also found that the survey evidence gathered by LSKS demonstrated that the applicant’s proposed mark was likely to dilute National Pork Board’s mark. The TTAB’s ruling was only the second time in the history of the Federal Trademark Anti-Dilution Act that the TTAB has barred an application on the basis of dilution. Chris Beall represented the National Pork Board. JUNE 11, 2010 LSKS Attorneys Obtain Victory in Open Records Case Michael Berry Named "Rising Star" by Pennsylvania Super Lawyers Pennsylvania Super Lawyers has named LSKS associate Michael Berry a 2010 “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 June edition of Philadelphia magazine. JUNE 1, 2010 Defamation Trial Results in Directed Verdict For LSKS Client LSKS attorneys Michael Sullivan and Michael Berry represented The Virgin Islands Daily News and two of its reporters in a defamation action filed by a local judge in the Virgin Islands Superior Court. The judge claimed that the newspaper libeled him in articles and an editorial reporting on his bail decisions. Following a two-week jury trial, the Court entered judgment in the newspaper’s favor, ruling that its reports were accurate and its editorial included opinions protected by the First Amendment. MAY 27 , 2010 Expansive Interpretation of PA Open Records Provision Embraced 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 LSKS Successfully Defends Philadelphia TV Station in New Jersey Defamation Action A New Jersey state court has granted summary judgment to Philadelphia television station CBS 3 in a defamation action which arose out of a verbal altercation on a Little League baseball field. Holding that the news reports concerning the incident were of legitimate public concern, the court found there was insufficient evidence that the reports were materially false or broadcast with actual malice. The court granted summary judgment to the TV station and dismissed the libel claims of a baseball coach and his wife. CBS 3 was represented by Gayle C. Sproul, Thomas Curley and Katharine Larsen. APRIL 30, 2010 Court Dismisses Libel Claim Based on Statement that Plaintiff “Lies” 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 Reporter Shielded From Testifying in Anti-Terrorism Case 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 LSKS Attorneys Discuss Access to Government Data 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 LSKS Attorneys Brief Press Association on Libel and FOIA Issues 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 Chris Beall Gives Talk To Mile High Association of Legal Support Staff 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 Ashley Kissinger Gives Presentation to California Cyberspace Law Committee 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 |
 |
|
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.” Legal Notices Site Design and Development by Hudson Fusion |