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Elizabeth A. McNamara

Partner

T 212.603.6437 New York
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Elizabeth McNamara specializes in complex media, intellectual property, and internet law. With extensive trial and appellate litigation experience across the country, Liz regularly represents clients in high-profile, cutting-edge litigations involving challenges to content and technology. Liz represents a broad spectrum of media and publishing entities, and she has handled many of the leading cases involving prior restraint, defamation, the intersection of commercial and editorial/entertainment litigation, and developing IP issues.

Liz has represented Associated Press, CBS, CNN, Condé Nast, Financial Times, Hachette Book Group, Insider, Macmillan, Microsoft, NBC, Penguin Random House, Rolling Stone, Sesame Workshop, Showtime, Simon & Schuster, TikTok, Time Inc., and Wenner Media.

Combs v Nexstar, et al.

Defending Nexstar and its hosts in connection with defamation claims arising out of commentary on Mr. Combs criminal proceedings and related allegations. (SDNY 2025)

Nunes v. NBCU

Defamation action against NBCU and Rachel Maddow arising out of reporting on Rep. Nunes' receipt of information from a Russian agent. Claims dismissed in part. Summary judgment motion pending. (SDNY 2025)

Amin v. NBCU

Defamation action against NBCU, arising out of Rachel Maddow, Chris Hayes and Nicolle Wallace reporting on a whistleblower complaint concerning unnecessary or unconsented to medical treatments on detained immigrant women in Georgia. Claims dismissed in part. Resolved. (SDGA 2024)

Donner v Der Spiegel

Successfully obtained dismissal of defamation action brought by Rebecca Donner arising out of Der Spiegel's review of Ms. Donner's book All the Frequent Troubles of our Days: The True Story of the American Woman at the Heart of the German Resistance to Hitler. The court dismissed the action for lack of personal jurisdiction over Der Spiegel. Action on appeal to Second Circuit. (SDNY/2nd Circuit 2024)

Hachette, Penguin Random House, Harper Collins, and Wiley v. Internet Archive

Obtained permanent injunction and summary judgment, with the Second Circuit affirming the ruling that the Internet Archive's "Controlled Digital Lending" – digitizing copies of books – was copyright infringement. The Court rejected the Internet Archive's fair use defense, finding that the digitization was not transformative and usurped the publishers' market for ebooks. (2d Circuit 2024)

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Admitted to Practice

  • New York, 1982
  • U.S. Supreme Court, 1998
  • U.S. Court of Appeals, D.C. Circuit, 2024
  • U.S. Court of Appeals, 1st Circuit, 2010
  • U.S. Court of Appeals, 2nd Circuit, 1996
  • U.S. Court of Appeals, 3rd Circuit, 2008
  • U.S. Court of Appeals, 4th Circuit, 2017
  • U.S. Court of Appeals, 7th Circuit, 2014
  • U.S. Court of Appeals, 9th Circuit, 2000
  • U.S. Court of Appeals, 11th Circuit, 2019
  • U.S. District Court, Southern District of New York, 1983
  • U.S. District Court, Eastern District of New York, 1983
  • U.S. District Court, Eastern District of Michigan, 2004
  • U.S. District Court, Western District of New York, 2015

Education

  • J.D., University of North Carolina School of Law, 1981
    • Order of the Coif
    • Law Review
  • B.A., University of Wisconsin, 1975
    • Phi Beta Kappa

Memberships & Affiliations

    • Former Chair, Committee on Communications and Media Law, New York City Bar Association
    • Former East Coast Representative, Forum on Communications Law
    • Communications and Entertainment Committee, New York State Bar Association
    • The Copyright Society of the USA
    • Lawyers Committee, Association of American Publishers

Professional Recognition

    • Named as one of "500 Leading Global Entertainment, Sports & Media Lawyers" by Lawdragon, 2025
    • Named "Lawyer of the Year" in First Amendment Law (New York), Best Lawyers, 2022
    • Named "Lawyer of the Year" in Copyright Law (New York) by Best Lawyers, 2024
    • Award Winner, "Women of Influence" by the Coalition of Women's Initiatives in Law and Best Lawyers, 2017
    • Named as one of "America's Leading Lawyers for Business" by Chambers USA in Media & Entertainment: First Amendment Litigation (New York), 2007-2024; Media & Entertainment: Copyright & Contract Disputes (New York), 2007-2016; Media & Entertainment: Litigation (New York), 2017-2024; First Amendment Litigation (Nationwide), 2011-2024; Received "Band 1" ranking for First Amendment Litigation (New York), 2012-2020, 2022-2024; Received "Band 1" ranking for Media & Entertainment: First Amendment Litigation (Nationwide), 2012-2023; Named a "Star Individual" for Media & Entertainment: First Amendment Litigation (New York), 2023-2024; Named a "Star Individual" for First Amendment Litigation(Nationwide), 2024
    • Named one of Hollywood's Top 100 Attorneys by The Hollywood Reporter, 2021, 2023, 2024
    • Named among New York's Top 20 Entertainment Lawyers by The Hollywood Reporter, 2020-present
    • Received the "John M. Davis Award for Outstanding Legal Expertise," Davis Wright Tremaine, 2015
    • Selected by Best Lawyers as New York's "Lawyer of the Year" in Intellectual Property Litigation, 2017
    • Selected by Best Lawyers as New York City's "Lawyer of the Year" in Copyright Law, 2016 
    • Selected by Best Lawyers as New York City's "Lawyer of the Year" in Media Law, 2013, 2018
    • Named one of the "Best Lawyers in America" in Communications and Advertising Law by Best Lawyers, 2006-2009; named in First Amendment, Media, and Intellectual Property Law, 2006-present; named in Entertainment Law, 2010-present
    • Selected to "New York's Top 50 Women Super Lawyers and First Amendment/Media Lawyers," Thomson Reuters, 2007-2008
    • Selected to "New York Super Lawyers" in Media and Advertising, Thomson Reuters, 2006-2024
    • Selected "Client Service All-Stars," BTI Consulting Group, 2022-2023
    • Named as one of Lawdragon's "500 Lawyers in America," 2007
    • Sharing the Power Award, InsideCounsel Magazine, 2010

Background

    • Member, Executive Committee, Davis Wright Tremaine LLP, 2016-present
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10.10.24
Presentations
Panelist, "Media Litigation Tales: Are We Really Going To Trial?," DOWNLOAD/NY Digital Tech Conference
Publications
09.05.24
News
Media & Entertainment
Publishers and Authors Prevail at Second Circuit in Closely Watched Copyright Dispute With Internet Archive Read More
Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
07.24.23
Publications
Co-author, "High Court Ruling Boosts New York Times v. Sullivan Vitality," Law360 Read More
microphone and crowd of people
07.06.23
Advisories
Media & Entertainment
In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
Publications
03.28.23
News
Media & Entertainment
Davis Wright Tremaine Secures Win for Publishing Industry and Authors in Major Copyright Case Read More
Publications
06.07.22
News
Chambers USA Recognizes Davis Wright Tremaine for Excellence in Key Practice Areas and Industry-Leading Success With DEI Read More
Publications
January 2022
Publications
Litigation
Co-author, "Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy Ring," MLRC MediaLawLetter Read More
Publications
12.08.21
News
Media & Entertainment
Gray Coleman and Elizabeth McNamara Named 2021 New York "Power Lawyers" by The Hollywood Reporter Read More
Publications
08.19.21
News
Twelve From Davis Wright Tremaine Named 2022 "Lawyers of the Year" by Best Lawyers Read More
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