Media, Communications and Internet

Representative Work and Projects

• Regular pre-publication review for newspapers, broadcasters, multi-media producers, advertisers, and advertising agencies
• Libel, slander, privacy and related litigation for a variety of newspapers, broadcasters, and new media companies, in state and federal courts.
• Prosecution and defense of media-related intellectual property claims. Projects have included copyright, trademark, and contract claims for a national media and entertainment companies, defense of copyright claims based on media fair use of materials of others, and defense of right of publicity claims.
• False advertising litigation, as both plaintiff and defendant, in state and federal court and before the National Advertising Division of the U.S. Council of Better Business Bureaus. Projects have included defense of a false advertising case leading to a leading appellate decision on requirements for false advertising surveys; injunction actions for withdrawal of false or misleading advertising; and innovative litigation against anonymous business disparagement.
• Digital Millenium Copyright Act advice and litigation for Internet Service Providers, including a key appellate decision on the scope of DMCA subpoenas to ISPs.
• Analysis of the impact of intellectual property issues relating to the information-use rights and information-protection needs of media and business firms that develop and maintain valuable information databases.
• Advice for media trade associations regarding First Amendment and other implications of state and federal laws, proposed legislation, and regulatory activities. Projects have included analysis and advocacy involving legislation that could have a disparate impact on the media, analysis of Internet liabilities for members of a state press association, and drafting of legislation to protect and promote media activities.
• Both litigation and non-litigation action to stop copyright and trademark misuse, disparagement, and false advertising on the Internet, including cases under the ICANN Uniform Dispute Resolution Procedure, notice-and-takedown demands under the Digital Millennium Copyright Act, requests to internet service providers and other intermediaries, and federal litigation.
• First Amendment challenges to state advertising laws and rules that unduly burden truthful protected commercial speech.
• Negotiation and preparation of contracts involving creation and publication of books, advertising, and multi-media works.