The following list provides a sampling of noteworthy cases in which LSKS has defended clients against claims of defamation, invasion of privacy, and misappropriation.

Harte-Hanks Communications, Inc. v. Connaughton, 491 U.S. 657 (1989). LSKS attorneys represented the newspaper defendant in the United States Supreme Court in a defamation action arising from a news story alleging a judicial candidate acted unethically. The Court held that, for the candidate to prevail, he had to demonstrate that the newspaper did more than merely depart from professional standards in reporting the story. The Court also reaffirmed the principle that appellate courts must independently review the record in defamation actions instituted by public officials or public figures.

Hatfill v. The New York Times Co., 532 F.3d 312 (4th Cir. 2008). LSKS successfully defended The New York Times in a defamation action brought by a prominent bio-defense expert named by the FBI as a “person of interest” in the investigation of the 2001 anthrax mailings. The scientist claimed the newspaper falsely implicated him in connection with the mailings. The trial court granted the newspaper’s motion for summary judgment and the Fourth Circuit affirmed, finding the plaintiff was a limited-purpose public figure who failed to establish actual malice.

Anderson v. Suiters, 499 F.3d 1228 (10th Cir. 2007). LSKS won summary judgment on a publication of private facts claim arising from a television station’s news report.  During the report, the station broadcast excerpts from a videotape of a rape that had been provided to police to prosecute the crime.  The Tenth Circuit affirmed the judgment, ruling that the excerpts were newsworthy and the broadcast was protected by the First Amendment. 

Knievel v. ESPN, 393 F.3d 1068 (9th Cir. 2005). An LSKS attorney successfully defended a defamation suit brought in Montana by daredevil Evel Knievel concerning material published on the website EXPN.com. The trial court granted the defendant’s motion to dismiss, and the Ninth Circuit affirmed in a decision that is often cited as precedent permitting courts to consider multiple layers of website content on a motion to dismiss.

Raintree Homes, Inc. v. Birkbeck (Monroe Cty C.C.P., Pa. Sept. 8, 2011). LSKS successfully defended The Pocono Record (a Dow Jones publication) in a defamation trial in which the plaintiffs claimed that the newspaper falsely accused them of selling homes at inflated prices using inflated appraisals, often leading buyers into foreclosure. After a nine-day trial in which the plaintiffs sought over $27 million in damages, the jury unanimously decided in under two hours that the articles were true.  The trial court subsequently denied the plaintiffs' motion for a new trial, rejecting each of plaintiffs' post-trial challenges and affirming the jury's verdict.

Mar-Jac Poultry, Inc. v. Katz, 773 F. Supp. 2d 103 (D.D.C. 2011). LSKS successfully defended CBS against a defamation suit brought by a Georgia poultry company arising from a 60 Minutes report about a federal investigation of Islamic charities. The poultry company alleged that the broadcast falsely implied that plaintiff had intentionally engaged in money laundering in an effort to fund terrorist activities. In granting summary judgment, the court held that the First Amendment barred plaintiff's claim because the alleged implication arose from speculative statements of opinion.

Krupnik v. NBC Universal, Inc. (N.Y. Sup. Ct. 2010). LSKS successfully defended Universal Studios, obtaining dismissal of a complaint asserting right of publicity and related claims by a model whose photo appeared in the movie Couples Retreat.

Kendall v. Daily News Publishing Co., --- V.I. ---, 2011 WL 4434922 (V.I. Sept. 21, 2011).  LSKS served as lead counsel for The Virgin Islands Daily News in a defamation suit by a local judge. Following a two-week jury trial, the trial court entered judgment in the newspaper’s favor. On appeal, the Virgin Islands 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.   

Bustos v. A&E, Television Networks 646 F.3d 762 (10th Cir. 2011)  LSKS successfully represented A&E Television Networks in obtaining summary judgment on libel claims premised on the Gangland: Aryan Brotherhood program. The Tenth Circuit affirmed the judgment, ruling that the documentary’s portrayal of the plaintiff as a member of a violent race-based prison gang was substantially true.

Follner v. Chapman (Cal. Sup. Ct. San Mateo Co., 2007). LSKS successfully defended the producers of the reality television program Dog the Bounty Hunter against a right of publicity claim asserted by a person depicted in an episode of the show. The court granted the producers' anti-SLAPP motion and dismissed plaintiffs' claims.

OAO Alfa-Bank v. Center for Public Integrity, 387 F. Supp. 2d 20 (D.D.C. 2005). LSKS successfully defended the Center for Public Integrity in a libel suit brought by prominent Russian “oligarchs” arising from a report linking them to criminal activities during Russia’s turbulent transition to a capitalist economy.