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Media and Internet

  • OVERVIEW
  • PROFESSIONALS
As a result of the “e-revolution” of the past two decades, the media and communications industry has experienced a seismic shift, which in turn has had a significant impact on the way different types of media communicate with their target audiences. Today’s communications companies must respond to greatly increased competition for market share and to the growing number of platforms for delivering their message. Our attorneys serve this dynamic industry by counseling clients on new media as well as traditional media issues, so they can communicate effectively while minimizing their legal risk.

We handle a wide range of legal issues for magazine publishers, newspapers, broadcast news outlets, cable TV providers, Internet Service Providers (ISPs) and new media companies. Clients benefit from the full breadth of our attorneys’ experience in legal issues of concern to various media, particularly copyright and First Amendment protections, changing privacy and security laws, and false advertising, unfair marketing claims and use of sweepstakes, contests and promotions. 
 
Our attorneys provide significant pre-publication review for media outlets and advertising and marketing professionals. We help clients connect with their intended audiences and work to facilitate and protect their communications functions in various media—print, broadcast, direct marketing and the Internet. We also offer training seminars for news media and advertising professionals regarding legal rules and practical hazards in the business, and ways to avoid those hazards.

Partners
Burger, James M.
Craven, J. Jeffrey
Fendell, Charles H.
Higgins, Stephen B.
Joerling, Dale R.
Kamensky, Robert N.
Kaufman, David J.
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.