Ambika Kumar

Partner

Co-chair, Media Law Practice

I help clients create, defend, and maximize the value of their content.

Ambika Kumar's practice focuses on the legal risks posed by content. With a deep understanding of how free speech principles apply to evolving technology, Ambika represents some of the world's leading technology and media companies in cutting-edge litigation. She has particular experience defending internet intermediaries under Section 230 of the Communications Decency Act and other federal protections. She has helped defeat efforts to censor or otherwise challenge content in courts around the country, working on more than a dozen lawsuits seeking to invalidate regulations on First Amendment grounds. She also regularly advises on and litigates other First Amendment issues, defamation, and copyright.

Ambika is consistently recognized as one of the top lawyers in her field, earning "MVP of the Year" in Media & Entertainment from Law360 in 2021, recognized as a "Trailblazer" in First Amendment in 2020 by the National Law Journal, and listed as one of "America's Top 200 Lawyers" by Forbes magazine in 2024.

Practice Highlights

Constitutional litigation

Obtained injunctive relief in multiple First Amendment challenges to state and local laws. Helped Microsoft challenge a federal law allowing the government to get orders indefinitely gagging online providers whose customers' information the government had accessed. Obtained the first Washington appellate decision establishing the standard for obtaining the identity of anonymous online speakers.

Intermediary liability

Advised and litigated the rights and obligations of online providers with respect to content provided by their users. Litigated the scope of protection under Section 230 of the Communications Decency Act and the Digital Millennium Copyright Act, often obtaining dismissal of lawsuits alleging online platforms are liable for user-generated content.

Defamation and other content torts

Procured early dismissal or favorable settlements in dozens of cases alleging the full range of content torts, such as defamation, trade libel, tortious interference with business relationships or expectancies, misappropriation of personality rights, unfair business practices, intentional or negligent infliction of emotional distress, and violations of the federal RICO Act.

Intermediary Liability

Lee v. Amazon.com, Inc.

Obtained summary judgment for Amazon in lawsuit alleging Amazon permitted third parties to sell karaoke machines containing allegedly infringing music. Plaintiff has appealed. (9th Cir. Ongoing)

T.V. v. Grindr LLC.

Representing social networking platform in connection with claim that platform is liable for assault of plaintiff by another user the plaintiff met on the platform. (M.D. Fla. Ongoing)

Doe v. Grindr Inc.

Secured complete defense victory for social networking platform under Section 230, winning dismissal with prejudice against claims seeking to hold the platform liable for the publication of user-generated content. Doe v. Grindr Inc., 709 F. Supp. 3d 1047 (C.D. Cal. 2023). Read about the win <a href="https://news.bloomberglaw.com/ip-law/grindr-uses-section-230-to-dodge-suit-over-sexual-abuse-of-user" target="_blank">here</a> and <a href="https://blog.ericgoldman.org/archives/2023/12/grindr-defeats-fosta-claim-doe-v-grindr.htm" target="_blank">here</a>.

Mother Doe v. Grindr LLC.

Secured order dismissing case against social networking platform alleging platform was responsible for assault of plaintiff by another user the plaintiff met on the platform. Plaintiff has appealed. (11th Cir. Ongoing)

In re Social Media Addiction MDL

Co-counsel defending Meta Platforms Inc. under Section 230 and the First Amendment in federal and state multidistrict litigation seeking to hold the platforms liable for their publishing and editorial conduct. (N.D. Cal. and Cal. Sup. Ct., Ongoing)

Challenges to Government Regulations

NetChoice LLC v. Bonta

Won a landmark injunction for online service providers, earning recognition as one of American Lawyer's "Litigators of the Week," in a high-stakes First Amendment and constitutional challenge to prevent enforcement of AB 2273 (Cal.), an internet regulation threatening the most extensive attempt by any state to censor online speech. See NetChoice LLC v. Bonta, --- F. Supp. 3d ----, 2023 WL 613551 (N.D. Cal. 2023). Complaint available here. Preliminary injunction motion here. Court's order here. (N.D. Cal. and 9th Cir. Ongoing)

Alario v. Knudsen et al.

Won an injunction for Montana-based TikTok content creators, earning recognition as one of American Lawyer's "Litigators of the Week" and as one of Law360's "Legal Lions of the Week," in First Amendment and constitutional challenge to Montana's first-in-the-nation TikTok ban. See Alario v. Knudsen, --- F. Supp. 3d ----, 2023 WL 8270811 (D. Mont. 2023). The State has appealed. (9th Cir. Ongoing)

Yelp v. Paxton

Representing Yelp in First Amendment action to stop Texas Attorney General Ken Paxton from punishing or preventing Yelp's publication of truthful information about "crisis-pregnancy centers." (9th Cir. Ongoing)

Zoulek v. Hass

Representing coalition of social media users and content creators in First Amendment and constitutional challenge to the Utah Social Media Regulation Act, which restricts access to social media though age-verification mandates and an elaborate surveillance and censorship regime. (D. Utah, Ongoing)

Universal Life Church Monastery Storehouse v. Nabors

After appellate victory upholding denial of government's motion to dismiss, Universal Life Church Monastery Storehouse v. Nabors, 35 F.4th 1021 (6th Cir. 2022), secured a consent decree at trial barring enforcement of a Tennessee law forbidding ministers ordained online from solemnizing marriages. (M.D. Tenn. 2023)

Intellectual Property

Lee v. Amazon.com, Inc.

Obtained summary judgment for Amazon in lawsuit alleging Amazon permitted third parties to sell karaoke machines containing allegedly infringing music. Plaintiff has appealed. (9th Cir. Ongoing)

O'Donnell/Salvatori, Inc. v. Microsoft Corporation

Represented Microsoft in a lawsuit brought by O'Donnell/Salvatori Inc., claiming that Microsoft failed to pay composer Marty O'Donnell and his partner, Michael Salvatori, sufficient royalties on music made for the Halo video game franchise. (W.D. Wash. 2022)

Wanjuan Media v. Amazon.com, Inc.

Obtained summary judgment for Amazon against copyright claims arising from streaming of Chinese television show on Amazon Prime Video. 2024 WL 1021081 (S.D.N.Y. 2024)

Corker v. Costco Wholesale Corporation et al.

Represented several defendants against claims that they unlawfully used the term "Kona" on coffee product labels, falsely suggesting that the product was made with coffee grown in the Kona district of Hawaii. Secured decision holding that Section 43(a)(1)(B) of the Lanham Act is not "intellectual property" exempt from protections of Section 230 of the Communications Decency Act. (W.D. Wash. 2023)

Zhongyi v. Microsoft

Represented Microsoft in copyright infringement action involving Chinese fonts. Obtained transfer to W.D. of Washington and then dismissal with prejudice of all claims. 2013 WL 6979555 (W.D. Wash. 2013). Successfully defended appeal, and the 9th Circuit affirmed in all respects. 655 Fed.Appx. 564 (9th Cir. 2016). Subsequently traveled to Beijing to help prepare for a hearing before the Supreme People's Court, China's highest court, where Microsoft prevailed.

Other Libel, Privacy, and Constitutional Matters

Video game addiction cases

Co-counsel defending Microsoft Corporation under the First Amendment and Section 230 in multiple actions claiming "addiction"-related injuries allegedly caused by the publication and dissemination of protected video game content. (W.D. Ark., E.D. Ark., N.D. Ill., S.D. Ill, W.D. Mo., ongoing)

Sugarman v. Muddy Waters Capital et al.

Representing activist short seller against defamation, RICO, and unfair competition claims stemming from negative report published about plaintiff's connections with a convicted felon. Procured dismissal of lawsuit twice in California federal court and twice in Minnesota state court, where the plaintiff has appealed. (Minn. App. Ongoing)

NWDC Resistance v. Immigration and Customs Enforcement

Represented organizations challenging ICE's custom and practice of targeting undocumented activist immigrants, defeating three efforts by the government to procure dismissal of the case. (W.D. Wash. 2024)

Planet Aid v. Center for Investigative Reporting

Secured dismissal of a libel lawsuit against The Center for Investigative Reporting and its reporters for published statements regarding Planet Aid's alleged misuse of charitable funds. The district court granted our anti-SLAPP motion (2021 WL 1110252 (N.D. Cal. Mar. 23, 2021)), and the Ninth Circuit affirmed (Planet Aid v. Reveal, 44 F.4th 918 (9th Cir. 2022)). Planet Aid agreed to pay $1.925 million in attorneys' fees, the largest settlement a fee dispute under the California anti-SLAPP statute.

Craig PC Sales & Service LLC et al. v. CDW Government LLC et al.

Defended Microsoft against tortious interference and malicious prosecution claims arising from anti-piracy efforts and cooperation in ensuing government investigation and prosecution; won partial summary judgment and successfully settled remaining claims. 2021 WL 7908142 (N.D. Okla. 2021)

Reporter's Privilege, Public Records & Subpoena Responses

Jordahl, et al v. Brnovich (9th Cir. 2017) & Paxton v. Pluecker (5th Cir. 2019)

On behalf of law professor, drafted and submitted amicus brief urging court to find laws conditioning government contractor status on pledge not to engage in boycott of Israel unconstitutional.

City of Seattle v. Kang

Brought motion to quash subpoena issued at the request of counsel for criminal defendant to KING-TV for unaired footage. (Seattle Municipal Court 2016)

Katze v. University of Washington

On behalf of BuzzFeed, successfully blocked efforts by university professor to enjoin disclosure of records relating to accusations of sexual harassment. (King Cnty. (Wash.) Super. Ct. 2016)

Zango, Inc. v. Kaspersky Lab, Inc.

Summary judgment dismissing lawsuit against distributor of anti-malware products, recognizing 'robust' immunity under 47 U.S.C. § 230(c)(2) enabling consumer access to information about potentially 'objectionable' software. In 2009, the U.S. Court of Appeals for the 9th Circuit affirmed the district court's 2007 dismissal. WL 1655217 (W.D. Wash., 9th Cir. 2009)

Admitted to Practice

Washington, 2006
U.S. Supreme Court, 2022
U.S. District Court, Eastern District of Michigan, 2013
U.S. District Court, Eastern District of Washington, 2022
U.S. District Court, Western District of Washington, 2007
U.S. District Court, Eastern District of Wisconsin, 2024
U.S. District Court of Appeals, D.C. District, 2024
U.S. Court of Appeals, 1st Circuit, 2015
U.S. Court of Appeals, 2nd Circuit, 2018
U.S. Court of Appeals, 3rd Circuit, 2019
U.S. Court of Appeals, 5th Circuit, 2019
U.S. Court of Appeals, 6th Circuit, 2019
U.S. Court of Appeals, 7th Circuit, 2015
U.S. Court of Appeals, 8th Circuit, 2019
U.S. Court of Appeals, 9th Circuit, 2007
U.S. Court of Appeals, 10th Circuit, 2024
U.S. Court of Appeals, 11th Circuit, 2019

Education

J.D., University of Chicago Law School, 2006, with honors
- Chicago Journal of International Law
A.B., Economics, French, Duke University, 2002
- Editor-in-Chief and President, The Chronicle, the daily independent student-run newspaper of the Duke community

Memberships & Affiliations

- Board Member, National Coalition Against Censorship, 2024-present
- Member, Board of Directors, Federal Bar Association of the Western District of Washington, 2020-2023
- Executive Committee, Davis Wright Tremaine LLP, 2018-2021
- Member, Governing Committee, American Bar Association Forum on Communications Law, 2015-2017
- Board Member, Duke Student Publishing Company, 2002-2009
- King County Bar Association
- South Asian Bar Association of Washington

Professional Recognition

- Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2023-2024; listed as "Up and Coming," 2021-2022
- Named as one of the "Best Lawyers in America" in Litigation - First Amendment, Litigation - Intellectual Property by Best Lawyers, 2024-present
- Named as one of "America's Top 200 Lawyers", Forbes, 2024
- Selected to "Legal Impact Report: Top Entertainment Attorneys," Variety, 2024
- Received the "John M. Davis Award for Outstanding Legal Expertise," Davis Wright Tremaine, 2023
- Named an "MVP of the Year" in Media & Entertainment, Law360, 2021
- Selected as a Fellow of the American Bar Foundation, 2021
- Recognized as a "Trailblazer" in First Amendment, National Law Journal, 2020
- Selected to "Washington Rising Stars," 2012, and "Washington Super Lawyers," Thomson Reuters, 2013-2018
- Recognized as one of "Washington's Most Powerful and Influential Women," National Diversity Council, 2016