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MEDIA AND INTERNET

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.

Because companies' domain names are an increasingly valuable asset, we litigate to protect clients' internet domain named and the integrity and reputation of their websites. In addition, we file and obtain patent protection on website and other related ecommerce business methods.

Our attorneys also advise clients - including those not involved in the media industry - on the communications, internet and media issues that arise in the course of their general business activities. Business communications are sometimes fodder for libel and privacy claims, such as those related to employment disputes. We counsel these companies as well as companies that face commercial disparagement issues related to trade libel, false advertising and internet-based criticism, including gripe sites and message boards.

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.

Publications

USPTO launches new proof of use audit program

SCOTUS clarifies damages analysis for design patents, reversing landmark damage award

Texas overtime ruling directly affects California employers

In new litigation, Amazon takes a stronger stance on counterfeit products

What U.S. companies need to know about their IP rights post-Brexit

Technology companies: Are your employment policies due for a reboot?

Crowdfunding for real estate - buyer beware

Clearinghouse opens for protecting brands on new top-level domains

Acceptable specimens are key to strong trademark protection

Blog Posts

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

Yet another Target settlement highlights data breach costs

Why a sweepstakes could seriously boost your customer surveys

News aggregators – Link, don’t replace, your sources

Libel by tweet. #Beware.

Will a court recognize ‘aerosol artists’?

Creative Commons in Action – Applying non-commercial and derivative work provisions

Keyword ads — Only infringing if they’re confusing

Photographer hits retailer over photo of player hitting Joey Bats

When good copyright laws go bad: Indictment lays out porn ‘trolling’ scheme

TCLE

Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards

News

Thompson Coburn adds appropriations, e-commerce, and tech specialist Kristin Smith to growing Lobbying & Policy team

Mark Sableman talks ‘internet twists’ at Midwest Digital Media Conference

Thompson Coburn earns 11 national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Claire Schenk appointed Receiver in FTC enforcement action against tech support scam

Intellectual property litigator Brian G. Arnold joins Thompson Coburn

Thompson Coburn Management Committee welcomes Tony Anderson, Steve Sherman

New Thompson Coburn blog In Focus covers photo copyright cases

Download Thompson Coburn's 2016 Congressional Calendar

Thompson Coburn earns corporate counsel recommendations five years running in national report

Business litigator Julian Brew joins Thompson Coburn in Los Angeles

Los Angeles litigator, business advisor Rich Reinis joins Thompson Coburn

Intellectual property litigator Sam Watkins joins Thompson Coburn in Los Angeles

Thompson Coburn leads deal that brought One Direction to Edward Jones Dome

112 Thompson Coburn attorneys featured in 2015 Best Lawyers list

Jim Burger leads panels at 2014 ‘Entertainment Technology in the Internet Age’

Mark Sableman talks to Bloomberg BNA about Europe’s historic ‘right to be forgotten’ ruling

Krissa Lubben, Mark Sableman named 2014 Lexology Client Choice Award winners

Thompson Coburn earns six national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Mark Sableman launches Internet Law Twists & Turns blog

Jim Burger a featured speaker, moderator at ‘Entertainment Technology in the Internet Age’

Mark Sableman co-authors NLJ article on data privacy legislation

Thompson Coburn launches new bipartisan Lobbying & Policy group in Washington, D.C.

IT news site interviews Matt Braunel on patent infringement litigation

102 Thompson Coburn attorneys featured in 2013 Best Lawyers list

Mike Nepple, Mark Sableman publish ABA article on cyberharassment

Mark Sableman and Jennifer Visintine help educate documentary filmmakers

Thompson Coburn successfully challenges school district’s censoring of LGBT websites

Counsel
St. Louis
314 552 6380

Hadi represents clients in trademark, copyright, advertising and unfair competition litigation.

Hadi represents clients in trademark, copyright, advertising and unfair com...

Hadi Al-Shathir
Partner
St. Louis
314 552 6030

Tony's practice encompasses a broad range of intellectual property matters, including patents, copyrights, trademarks and other issues involving the internet.

Tony's practice encompasses a broad range of intellectual property matters,...

Anthony Blum
Partner
St. Louis
314 552 6021

Cathy focuses her practice on employee benefits, taxation and closely-held businesses.

Cathy focuses her practice on employee benefits, taxation and closely-held ...

Cathy Conrad
Partner
St. Louis
314 552 6528

Chip's practice focuses on the representation of individuals, universities, and national and international companies in commercial transactions and counseling involving t...

Chip's practice focuses on the representation of individuals, universities,...

Chip Fendell
Partner
St. Louis
314 552 6054

For more than 30 years, Steve has maintained a national trial and litigation practice in complex commercial disputes and white collar crime cases.

For more than 30 years, Steve has maintained a national trial and litigatio...

Steve Higgins
Senior Counsel
St. Louis
314 552 6058

Dale is a nationally recognized practitioner in the areas of sweepstakes and promotions law, and antitrust and trade regulation.

Dale is a nationally recognized practitioner in the areas of sweepstakes an...

Dale Joerling
Partner
Chicago
312 580 2247

Rob is a pragmatic, solution-oriented advisor who guides companies through major transactions as well as provides comprehensive advice on their day-to-day operations and ...

Rob is a pragmatic, solution-oriented advisor who guides companies through ...

Rob Kamensky
Partner
Chicago
312 580 2342

David is a corporate architect who develops and implements creative legal strategies that help clients achieve their high-level business and financial objectives.

David is a corporate architect who develops and implements creative legal s...

David Kaufman
Associate
St. Louis
314 552 6595

Sartouk is an associate in the firm's Intellectual Property practice area.

Sartouk is an associate in the firm's Intellectual Property practice area.

Sartouk Moussavi
Partner
St. Louis
314 552 6149

Mike focuses his practice on intellectual property litigation and over the course of his legal career has compiled substantial first-chair jury trial experience.

Mike focuses his practice on intellectual property litigation and over the ...

Mike Nepple
Partner
Chicago
312 580 2237

Michael counsels clients on patent and trademark issues and represents them in federal courts across the United States.

Michael counsels clients on patent and trademark issues and represents them...

Michael Parks
Partner
St. Louis
314 552 6331

Tom provides strategic intellectual property counseling to some of the world's largest consumer products companies, with a focus on IP portfolio management, licensing and...

Tom provides strategic intellectual property counseling to some of the worl...

Tom Polcyn
Partner
Los Angeles
310 282 2512

As a Partner in the Firm's Corporate and Securities practice, Jennifer Post serves as primary outside counsel to a variety of individuals, institutions and companies, inc...

As a Partner in the Firm's Corporate and Securities practice, Jennifer Post...

Jennifer Post
Partner
Chicago
312 580 2311

Dave is a practical and resourceful business litigator with a long track record of successful results.

Dave is a practical and resourceful business litigator with a long track re...

David Rownd
Partner
St. Louis
314 552 6103

Mark's practice focuses on facilitating clients' communications, in media, marketing and business.

Mark's practice focuses on facilitating clients' communications, in media, ...

Mark Sableman
Partner
St. Louis
314 552 6580

Jennifer is a partner in the Firm's Intellectual Property and Media Law practice groups.

Jennifer is a partner in the Firm's Intellectual Property and Media Law pra...

Jennifer Visintine