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Archived News
Newpaper's Reporting on Indictment Held Not Actionable by Colorado Court 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 Court Finds Press Has Right to Attend Tour of County Jail as Part of Trial 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 Jury Finds for LSKS Client in First Amendment Retaliation Case 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 Reality Show Contract Suit Dismissed 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 Defeats Prior Restraint of Television Broadcast in Pennsylvania 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 LSKS Surveys Developments in Online Publishing Law at Seminar for Clients 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 Second Circuit Affirms Jury Verdict for LSKS Client in Copyright Trial 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 Eight LSKS Lawyers Recognized by The Best Lawyers In America 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 Judge Quashes Subpoena Seeking Identity of Anonymous Internet Poster 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 Steve Zansberg and Christopher Beall Honored with ACLU Award 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 DMCA Issues Addressed by LSKS Attorney 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 N.Y. Appeals Court Affirms Dismissal of Defamation Claim against LSKS Clients 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 LSKS Obtains Dismissal of Suit against Public Relations Firm 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 Newspaper Prevails in Suit over Report on Dubious Mortgage Practices 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 Trademark Ruling Affirmed for LSKS Client American Media, Inc. 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 LSKS Provides Newsgathering Seminar for Online College Publication 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 Privacy Claims against Cable TV Network Dismissed 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 Second Circuit Affirms Copyright, Lanham Act Ruling for LSKS Client 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 LSKS Obtains Dismissal of Libel, Civil Rights Claims against Newspaper 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 Internet Gaming Issues Addressed by LSKS Attorney 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 Michael Berry Honored As Pennsylvania “Lawyer on the Fast Track” 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 LSKS Attorneys Author Article on Unmasking Anonymous Website Posters 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 WBAL-TV Victory in Access Appeal Establishes Precedent in Maryland 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 LSKS Lauded in 2009 Chambers USA Guide 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. JUNE 12, 2009 Legal 500 Names LSKS Top Firm for First Amendment Litigation, Counseling 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.” JUNE 4, 2009 Court Rejects Request to Seal All Habeas Files of Guantanamo Detainees 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 Firm Defeats Prior Restraint for Newsday and News 12 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 LSKS Attorney Advises Yemeni Journalists on Press Law and Ethics 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 General Electric Wins Dismissal of Copyright Infringement Claim 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 LSKS Obtains Emergency Ruling Allowing Broadcast of Recorded Court Hearing 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 Pittsburgh TV Station Prevails in Suit Over Report on Public School Employee 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 Court Dismisses Lanham Act Claims against LSKS Client Viacom 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 Ashley Kissinger Serves on RTNDA Conference Panel 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 LSKS Attorney Gives Libel Presentation to New York Press Association 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 Steamboat Pilot Wins Important Sunshine Law Victory in Colorado 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 Publishers Briefed by LSKS Attorney on Online IP Issues 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 California Court Quashes Subpoenas to Reporters 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 Better Business Bureau Prevails in Federal Suit over "Reliability Reports" 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 Public Hospital Ordered to Disclose Staff Surgeons' Employment Contracts 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 Attorney Speaks Out on Sunshine Act Violations 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. FEBRUARY 20, 2009 LSKS-defended Libel Suit Against New York Times Dismissed 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 Second Circuit Affirms Dismissal in Misappropriation, Trade Secret Case 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 Zansberg, Beall Win "Friend of the First" Award for 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 Win Preliminary Injunction for Magazine in Trademark Suit 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 Court Unseals Search Warrant Materials Relating to Anthrax Probe 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 |
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