Digital Content Litigation

We have had particular success defending the protections of Section 230 of the Communications Decency Act, handling landmark cases - at both the trial and appellate level, in state and federal courts - that upheld immunity for many of the biggest Internet brands. We also regularly advise clients on all aspects of the Digital Millennium Copyright Act (DMCA) and have litigated on each of its “safe harbor” provisions.

Digital content continues to present issues that were entirely unknown legal territory twenty years ago. Recent cutting-edge issues we’ve handled for clients include: copyright claims arising from embedded social media posts; trademark claims arising from user-generated content; the role of hyperlinks in defamation claims and reporter’s privilege; rights of publicity in videogames and podcasts; disability access online; efforts to unmask anonymous online speakers; and government efforts to seize user data without notice.

Our clients in this space include the most prominent names in publishing, TV, film, and traditional journalism, as well as digital media startups, tech giants, podcasters, consumer product companies, ISPs, social media platforms, and companies hosting crowd-sourced review forums. They come to us for our unmatched track record of traditional media experience combined with a sophisticated grasp of the emerging digital landscape.

As technological change and aggressive investment continue to remake the form and delivery of content, we will continue to keep our clients a step ahead, preserving the value of their assets and their right to have their messages heard.