Media

Selected Key Capabilities

Copyright

Advising clients on the scope of copyright protection, defending against copyright lawsuits claiming infringement of preexisting works, and protecting our clients' valuable IP from misuse by others. Our work includes acting as production counsel to a satirical reality-style comedy television show, representing blockbuster movie studios and comic book companies in successful defense of a copyright claim based on allegations of copying in popular super hero movie franchises and related properties, representing the owners of some of the most widely-recognized literary properties in the world in pursuing claims against infringers improperly claiming fair use defenses, and successfully representing a video game developer in a copyright suit alleging that a competitor copied protected expression. We also filed litigation that ultimately persuaded a Senatorial candidate to cease publication of a campaign advertisement that used television news content and branding without authorization.

Corporate/M&A

Representing private equity firms and public and private corporations in the media industry in all manner of mergers and acquisitions, financings, dispositions, joint ventures, securities law compliance, and other corporate matters. Our Corporate/M&A practice is closely integrated with other leading practice groups at the firm, providing a full-service solution for our clients with lawyers who have a deep understanding of the industry in which they operate. Our work includes acting as corporate counsel to several independent film and television producers for several decades.

Libel/Defamation

Routinely responding to legal claim letters and persuading would-be plaintiffs not to resort to litigation, and successfully defending against such claims in court and before regulators, both in the U.S. and abroad. We recently won dismissal of a defamation claim brought by a prominent social activist against a well-known commentator concerning statements made about two lawsuits arising out of activities at a protest march. We also notably persuaded a non-U.S. television regulator to expand free speech protections for opinion commentary, including on matters of national controversy. Our work includes pre-publication legal review for potential exposure to libel and privacy concerns, and day-to-day production and legal advice for a leading cable television network, a popular reality show production house, and a global online platform.

Licensing/IP Transactions

Providing strategic advice to major media companies, startups, authors, independent producers, investors, and media industry consortia on content, technology, and other intellectual property transactions, including collaborations, joint ventures, licenses, releases, options, infrastructure agreements, endorsement deals, video game development deals, promotional licenses, and global rollouts of new products and services. We are particularly experienced in transactions that are at the intersection of media, entertainment, and technology. Our work includes advising television production and media companies on licensing and release documentation for news and entertainment programs, structuring new digital distribution platforms and negotiating agreements with major film and television studios to license content for those platforms, and negotiating and drafting video game and merchandise license agreements on behalf of the holder of film, stage, and merchandising rights in a classic fantasy literature series.

Newsgathering Protection/Leak Investigations

Successfully defending against and giving advice regarding subpoenas and other legal processes seeking confidential and nonconfidential newsgathering information, including demands for reporter notes, outtakes, testimony, anonymous subscriber information, and electronic devices in both the news and docuseries/reality show context. Our work includes notably defending against a subpoena seeking to unmask a group of anonymous individuals who reported #MeToo allegations and winning a precedential New York Court of Appeals decision protecting an investigative journalist from being compelled to reveal confidential newsgathering sourcing in the murder trial of Batman-killer, James Holmes. We have also represented an online news publication in its publication of the Top Secret document disclosed to it by the NSA contract employee, Reality Winner, as well as worked on the American Israel Public Affairs Committee case in which, for the first time, nongovernment employees were prosecuted under the Espionage Act.