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Media and Internet

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Litigation

We attempt, whenever feasible, to resolve communications disputes through non-litigation means, such as cease-and-desist correspondence, third-party intervention and voluntary compliance procedures.

Where litigation in court is necessary, we vigorously defend our clients in order to vindicate their communication rights. We frequently appear in court in emergency and injunctive relief proceedings. We regularly file and prosecute temporary restraining orders and preliminary injunction matters in intellectual property and false advertising cases. We also frequently litigate—often on short notice—media access issues, including those related to the Sunshine Law and Freedom of Information Act.

Thompson Coburn does not adhere to a "one size fits all" method of handling media and communications cases. We have employed many innovative techniques, such as counterclaims, early summary judgment motions and use of collateral proceedings, to avoid the costs and delays of uncontrolled litigation.
Partners
Craven, J. Jeffrey
Fendell, Charles H.
Higgins, Stephen B.
Joerling, Dale R.
Kamensky, Robert N.
Nepple, Michael L.
Rownd, David M.
Sableman, Mark
Associates
Al-Shathir, Hadi S.
Visintine, Jennifer A.
  • American Business Media
  • Association of Alternate Postal Systems
  • Charter Communications
  • Hanley Wood LLC
  • Our365, Inc.
  • Quadrant Media Corp.

Media
Regular pre-publication review for newspapers, broadcasters, multimedia producers, advertisers and advertising agencies.
Media-specific employment issues, such as media talent contracts, media labor contracts and negotiations.
Negotiation and preparation of contracts involving creation and publication of books, advertising and multimedia works.
Litigation
Libel, slander, defamation, privacy and related litigation for a variety of newspapers, broadcasters and new media companies in state and federal courts.
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 ending with 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.
Intellectual Property
Prosecution and defense of media-related intellectual property claims, including copyright, trademark and contract claims for 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.
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.
Internet and New Media
Our firm handled an early and often-cited Internet jurisdiction case involving domain names, Maritz v. CyberGold. 
Digital Millennium Copyright Act (DMCA) advice and litigation for ISPs, including a key appellate decision on the scope of DMCA subpoenas to ISPs. 
We have handled many unique and unusual Internet fraud situations, including a number of cases with international origins. For several clients, we have handled literally hundreds of Internet disputes, resolving most through cease-and-desist correspondence and resorting to administrative and judicial enforcement where necessary.
Copyright
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 ISPs and other intermediaries, and federal litigation.
First Amendment
First Amendment challenges to state advertising laws and rules that unduly burden truthful protected commercial speech. 
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. 
Invasion of privacy issues, including claims for false light, eavesdropping, trespass and public disclosure of private facts. 
Postal
Representation of magazine publishers and other mailers interested in postal rates and regulations and in legislation affecting the Postal Service and the publishing industry.‬‪ This representation includes participation in Postal Service/industry work groups and in litigated matters before the Postal Regulatory Commission.