Co-Chair, Media Law Practice Group
Representative Experience
All aspects of media litigation, including copyright, defamation, privacy and news gathering torts, First Amendment issues and contracts
Representative Cases
Miller v. Holtzbrinck Publishers. Currently defending publishers and co-author of novel against claims of fraudulent inducement, conversion and tortious interference by plaintiff who alleges that novel plagiarizes plaintiff’s manuscript
SwordPen.com v. Henry Holt and Company. Currently defending publisher and author of children’s book in copyright infringement suit alleging that book is substantially similar to plaintiff’s unsolicited submission
Harmatz v. Reader’s Digest. Defended Reader’s Digest against copyright infringement and theft of idea claims arising from magazine article on celebrity philanthropy that plaintiff alleged was based on ideas in his unsolicited submission. Suit voluntarily withdrawn by plaintiff after motion to dismiss and for sanctions was filed
Connectu, Inc. v. Facebook, Inc. Represented 02138 magazine in successfully opposing motion for prior restraint to enjoin publication of sealed court records obtained from court clerk
Miracle v. Holtzbrinck Publishing. Defended book publisher Farrar, Straus & Giroux and author Thomas Friedman in copyright infringement suit arising from use of plaintiff’s artwork on cover of best-selling book, "The World is Flat." Case settled with licensing arrangement
Video-Cinema Films v. CNN. Defended CNN in copyright infringement suit arising from CNN's use of film clip in newscast about death of actor Robert Mitchum. Secured summary judgment dismissing claims on fair use grounds and award of attorneys' fees against plaintiff
Image One v. Yellow Book USA. Defended yellow pages publisher in copyright infringement suit arising from use of plaintiff’s ad templates in phone directories around the nation. Suit settled with licensing arrangement
Love v. Kwitny. Defended publisher St. Martin’s Press and author in defamation and copyright infringement suit arising from extensive use of plaintiff’s unpublished manuscript in book on U.S. foreign policy. Secured summary judgment dismissing defamation claims. After trial on copyright claim, damages of less than $2,000 awarded and injunctive relief denied
Break The Cycle v. adidas. Defended adidas in trademark infringement suit arising from use of plaintiff charity’s trade name and logo in nationwide advertising. Case settled
Hampton v. Guare. Represented playwright John Guare, MGM and Random House in successfully dismissing commercial misappropriation claim arising from dramatization of plaintiff's exploits in the satiric play "Six Degrees of Separation"
Oklahoma v. Blockbuster. Represented Blockbuster Video in securing dismissal of civil proceeding brought by Oklahoma County District Attorney for declaratory judgment that the Academy Award-winning movie "The Tin Drum" constituted child pornography
The Proctor & Gamble Co. v. Bankers Trust. Represented Business Week magazine in successfully overturning prior restraint against publication of sealed court records
Grieco v. Woman's World Magazine. Represented magazine in successfully dismissing libel and invasion of privacy claims arising from use of stock house photo to illustrate article about divorce
Random House v. Publications International.
Represented Random House in prosecuting trademark infringement claims against book whose cover was confusingly similar to Random House book cover. Secured favorable settlement, with defendant changing its book cover and agreeing to injunction
Bachchan v. India Abroad. Established precedent for U.S. courts to decline enforcement of British libel judgments as repugnant to U.S. public policy
Chinese Freemasons v. Sing Tao Daily. Secured dismissal of libel claims against Chinese-language newspaper based on advertisements on grounds that statements in suit were not defamatory, constituted opinions and were not of or concerning plaintiffs
Liu Tai Ying v. Ying Chan. Secured decision in which Taiwanese court dismissed criminal libel charges against U.S. reporter and recognized constitutional protection for press in Taiwan
Shin Corp. v. Supinya Klangnarong. Led amici effort by international media lawyers that helped secure dismissal of criminal libel charges lodged against media advocate and Thai newspaper that had criticized company controlled by family of Thailand’s prime minister
Publications and Presentations
Frequently writes and lectures on media law issues and is a contributor to the Media Law Resource Center's Media Law Letter
Memberships and Activities
International Bar Association, Communcations and Media Law Committee
American Bar Association, Forum on Communications Law
New York City Bar Association, Media Law Committee
Media Defense Resource Center, Libel Letter Committee
Selected to "New York Super Lawyers," Law & Politics, 2006-2008
Education
J.D., magna cum laude, Temple University School of Law, 1984
B.A., cum laude, University of Vermont, 1981
