Skip to main content

Communications Law in the Digital Age 2013


Speaker(s): Adam Liptak, Andrew P. Bridges, Barbara W. Wall, Bruce D. Brown, Bruce E. H. Johnson, Bruce P. Keller, Cristina Chou, Dale M. Cohen, Darci J. Bailey, David A. Schulz, David Bender, David E. McCraw, Eve B. Burton, Floyd Abrams, George Freeman, Gillian M. Lusins, Hon. Mark R. Hornak, Hon. Robert D. Sack, Jack M. Weiss, James C. Goodale, Jane E. Kirtley, Jane E. Mago, Jeffrey P. Cunard, Jennifer L. Pariser, John Bergmayer, Jonathan D. Hart, Karen Kaiser, Kathleen A. Kirby, Kathleen M. Sullivan, Katrina Blodgett, Kelli L. Sager, Kevin T. Baine, Lee Levine, Lucy A. Dalglish, Lyrissa Barnett Lidsky, Mark Stephens, CBE, Mary Snapp, Pamela A. Bresnahan, Paul M. Smith, Prof. Susan P. Crawford, RonNell Andersen Jones, S. Jenell Trigg, Sandra S. Baron, Sherrese M. Smith, Stephanie S. Abrutyn, Steven G. Brody, Sue Friedberg, Thomas S. Leatherbury
Recorded on: Nov. 14, 2013
PLI Program #: 42282

David Bender is an Adjunct Professor at the University of Houston Law Center, and also at Pace University Law School, where he teaches Privacy Law.  Mr. Bender is a Distinguished Fellow of the Ponemon Institute.  He has had extensive Privacy, Intellectual Property, and Information Technology litigation, counseling, and transactional experience.  He was a founder of the IP practice, and co-founder of the Privacy practice, at White & Case.  Before retiring from White & Case, he headed the firm’s privacy practice.


Mr. Bender served in-house at AT&T for ten years, during the latter half of which he was responsible for all IP litigation brought by or against any Bell System company.  Before that, he spent five years engaged in antitrust litigation.  And before turning to the law, he served as an engineer with the Ford Motor Company’s aerospace division, and as a mathematician with Hughes Aircraft.


Bar Admissions: New York; US Patent and Trademark Office

PublicationsBender on Privacy and Data Protection (Rel.12 2018 LexisNexis); Computer Law published in 1978 and presently in Release #73 (LexisNexis, 6 loose-leaf volumes); and over 100 articles in law reviews and conference proceedings.

Memberships:

  • International Association of Privacy Professionals

  • International Technology Law Association (President, 1999-2000)

  • Association of the Bar of the City of New York

Super Lawyers:

  • New York City Metro Super Lawyer in Information Technology (2006 -- 2011).
  • One of the 25 best lawyers in the Westchester Co., NY Area (2009 - 2011)

Speaking:

Over 300 presentations across the United States and in 19 other nations at conferences sponsored by numerous organizations.


Jane Mago, Executive Vice President and General Counsel, directs the work of the NAB legal department. She is responsible for all aspects of NAB's legal strategy and for ensuring that NAB's pleadings before the FCC, the Courts, and other administrative agencies effectively advocate on behalf of NAB's members.  Her areas of expertise include Constitutional issues (including First Amendment matters), FCC ownership rules, political broadcasting, EEO, administrative law, enforcement and licensing matters. 

Jane joined the NAB in 2004 after more than 26 years at the FCC. Her prior work at the FCC included many high level positions such as General Counsel, Chief of the Office of Strategic Planning and Policy Analysis, Deputy Chief of the Enforcement Bureau and legal advisor to three commissioners.

Jane is a member of the New York Bar. Jane holds BA, MA and JD degrees from the State University of New York at Buffalo. She lives in McLean, Virginia with her husband, Robert Blau, and their three children.


Lyrissa Barnett Lidsky   

Primary Areas of Practice:  Mass Media Law

Law School:  University of Texas School of Law  


Work History

Professor Lidsky joined the faculty of the  University of Florida's Levin College of Law in 1994, after clerking for the Honorable Joseph T. Sneed on the U.S. Court of Appeals for the Ninth Circuit. She currently holds the Stephen C. O'Connell Chair in Law.

She teaches Mass Media Law, First Amendment Law, Torts, and other courses. Her research focuses on the intersection of Tort Law and the First Amendment, and she is the co-author, with Marc Franklin and David Anderson, of the most widely adopted Mass Media Law casebook in American law schools. She has also co-authored a First Amendment Law casebook and a reference book on Freedom of the Press. Her research on social media includes law review articles in leading journals, with titles such as Public Forum 2.0; Incendiary Speech and Social Media; How Not to Criminalize Cyberbullying, and Public Forum 2.1: Public Higher Education Institutions and Social Media, all of which are available at http://ssrn.com/author=247860. Her research on anonymous speech has been cited in opinions by state and federal appellate courts and the Supreme Court of Canada. She blogs at PrawfsBlawg, available at http://prawfsblawg.blogs.com/, and tweets about Communications Law 

Professional Memberships

Editorial Board Member, Communications Law and Policy (peer-reviewed law journal) (2011-present).

Florida Bar Member, since 1994.   


Sandra S. Baron is currently Executive Director of the Media Law Resource Center (MLRC),  a non-profit membership association for content creators and providers in all media, and for their defense lawyers, providing a wide range of resources on media and content law and policy issues. These include news and analysis of legal, legislative and regulatory developments; litigation resources and practice guides; and national and international media law conferences and meetings. MLRC also works with its membership to respond to legislative and policy proposals, and speaks to the press and public on media law and First Amendment issues. MLRC and its sister organization, the MLRC Institute, work to educate public on media law and First Amendment issues and provide information and materials for others to do so.

In addition to private practice, including as an associate at Cahill Gordon & Reindel, Ms. Baron has served as Senior Managing Attorney at the National Broadcasting Company, Inc., as Associate General Counsel of the Educational Broadcasting Company, in New York, and the counsel for Public Broadcasting's American Playhouse. She regularly serves on local, state and national bar association media, communications, and internet law committees and is a member of the American Law Institute. She has taught media law to journalism students including as adjunct at CUNY's Graduate School of Journalism, and spoken at numerous forums. She was co-author of the second edition of Libel, Slander and Related Problems, and has written articles for MLRC and other publications on media law topics. She received her B.A. from Brandeis University and her J.D. from Columbia University School of Law.


Position/Title:   Senior Vice President & General Counsel

Firm or Place of Business:     The Hearst Corporation

Primary Areas of Practice:     Overall responsibility of day-to-day management for the Office of General Counsel, which provides legal services to all of Hearst’s 250 businesses around the world, including labor relations, government affairs and corporate human resources. She is also one of Hearst’s leaders in establishing worldwide strategic enterprise deals with partners, including Apple, Amazon and Google, among others.  Eve is a member of CEO’s strategic advisory group and also a member of the Hearst Venture Investment Committee.

Education:    J.D. Columbia University School of Law

Work History:    Prior to joining Hearst, Burton served as vice president and chief legal counsel at Cable News Network (CNN) where she oversaw all legal matters relating to news and other programming on CNN networks and websites.

From 1998 to 2000, Burton was vice president and deputy general counsel at the New York Daily News. She joined the Daily News in 1995 as vice president and assistant general counsel. She began her career at the law firm of Weil, Gotshal & Manges, after serving as a law clerk for the Hon. Leonard B. Sand in the United States District Court, New York. Burton was a Fulbright Research Scholar at Thammasat University in Bangkok, Thailand.

Professional Memberships:    Burton is on the Board of Directors at The Hearst Corporation and AOL (acquisition by Verizon pending).  She is also a Trustee of Middlebury College and a member of the advisory board of the David and Helen Gurley Brown Institute for Media Innovation at Stanford and Columbia Universities, as well as a visiting lecturer of constitutional law and journalism at Columbia University's Graduate School of Journalism.


Adam Liptak covers the Supreme Court for The New York Times. He joined The Times as a copyboy after graduating from Yale with a degree in English literature.  He returned to Yale for a law degree and went on to practice law for 14 years, specializing in First Amendment issues, first at Cahill Gordon & Reindel and then in the legal department of The New York Times Company. 

Liptak rejoined the paper’s news staff in 2002 as its national legal correspondent.  In 2007, he launched “Sidebar,” a column on legal affairs.  In 2008, he became the paper’s Supreme Court correspondent.

Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 and received the Scripps Howard Award for Washington reporting in 2010.  He was awarded Hofstra University’s Presidential Medal and an honorary doctorate from Stetson University College of Law.

He is a visiting lecturer at the University of Chicago Law School and has taught courses at Yale Law School and New York University School of Law.


Andrew Bridges represents innovators and their companies on important matters typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, trade secret, and commercial law matters.

Among his major litigation successes are:

  • Defending Diamond Multimedia in RIAA v. Diamond Multimedia (challenge to MP3 players)
  • Defending Google in Perfect 10 v. Google (Amazon.com)(challenge to search engine)
  • Defending MasterCard in Perfect 10 v. VISA and MasterCard (challenge to payment processing for alleged infringers)
  • Defending ClearPlay in Huntsman v. Soderbergh (challenge to DVD replay filtering software)
  • Enforcing Bare Escentuals’ rights against Intelligent Beauty (trademark and false advertising)
  • Representing Richard O’Dwyer (UK university student) in avoiding extradition from UK and prosecution in US for operating linking site
  • Representing owner of dajaz1.com in recovering domain after seizure by Homeland Security in Operation In Our Sites
  • Defending Fitbit in Fitbug v. Fitbit (challenge to company name and brand)
  • Defending Giganews in Perfect 10 v. Giganews (challenge to Usenet service provider; obtained award of $6.5 million in attorneys’ fees for prevailing defendants)
  • Defending SoundCloud in Average Joe’s Ent’t v. SoundCloud (claims against sound recording platform by music label and publisher)

He received the California State Bar Intellectual Property Section Vanguard Award (private practice category) 2014, and National Law Journal honored him as an IP Trailblazer in 2017.  He received his law degree from Harvard; an M.A and B.A. from University of Oxford (Merton College) in philosophy and ancient history; and a B.A. from Stanford in Greek and Latin.


Barbara Wall was named Senior Vice President and Chief Legal Officer of Gannett Co., Inc. in 2015 and in March 2019 added the title Interim Chief Operating Officer. In her role as CLO, Barbara is responsible for the legal affairs of the company, heads the corporate legal department and provides legal counsel to the board of directors, chairman of the board, chief executive officer and other senior management. She also provides advice and oversight in numerous areas including strategic transactions, securities, intellectual property, ethics, compliance, and First Amendment.

Wall has written and lectured extensively on free speech issues, intellectual property rights, and the legal issues associated with the digital transformation of the media industry.  Wall is past chair of the American Bar Association’s Forum on Communications Law, a member of the Board of Directors of the News Media Alliance, a Trustee of the Freedom Forum Institute and the Howard Center for Investigative Journalism and has taught communications law as an adjunct professor at George Washington and American universities. In 2012, she received the First Amendment Award from the Reporters Committee for Freedom of the Press and in 2017 she was one selected by the New York County Lawyer’s Association as one of 50 “Outstanding Women in the Legal Profession” to be honored at the organization’s 103rd Annual Dinner in New York City.


Bruce D. Brown is executive director of the Reporters Committee for Freedom of the Press and co-directs the First Amendment Clinic at the University of Virginia Law School.  He received a J.D. from Yale Law School, a master’s degree in English Literature from Harvard University, and a bachelor’s degree in English Literature from Stanford University.

He was previously a partner in Baker Hostetler’s media law practice.  He has argued press cases in the U.S. Court of Appeals for the D.C. Circuit, the U.S. Court of Appeals for the Fourth Circuit, and the District of Columbia Court of Appeals.

Brown was a federal court reporter for Legal Times and a newsroom assistant to David Broder at The Washington Post.  Brown’s published work has appeared in The New York Times, The Wall Street Journal, The Washington Post, The American Lawyer, The Economist, USA Today, Legal Times, Communications Lawyer, The National Law Journal, and Columbia Journalism Review.


Bruce Keller has been an Assistant United States Attorney for the District of New Jersey since 2015 and currently serves as Special Counsel to the U. S. Attorney.  In addition to his caseload, he helps oversee major prosecutions, policy issues and other matters for the Office.

During his tenure, Bruce has been responsible for various appeals including:

  • “Bridgegate”;
  • the corruption (racketeering, wire fraud and bribery) charges against former Bergen County Democratic chair Joseph Ferriero;
  • the fraud convictions of ex-NBA player C. Tate George;
  • Eighth Amendment juvenile sentencing issues;

as well as cases involving cybercrime, identity theft, child pornography, firearm possession, health care fraud, crimes of violence and other matters.

Before that, he led the intellectual property litigation practice at Debevoise & Plimpton LLP where litigated a number of widely-publicized cases on behalf of:

  • ABC, CBS and NBC against Aereo (involving copyrights to their over-the-air broadcasts);
  • Sony Pictures (involving the mega-hit motion picture Spider-Man and the made-for-television movie “Who is Clark Rockefeller?");
  • Amazon (involving its Kindle device);
  • Howard Stern and CBS Radio (over the on-air handling of cremated remains);
  • the National Football League (involving multiple trademark, copyright and right of publicity matters, including the copyright in the design of the Super Bowl® trophy); and
  • clothing retailer The Gap (involving the famous Gap® trademark).

Mr. Keller is the co-author of two treatises.  The first, with Jeffrey Cunard, is Copyright Law: A Practitioner’s Guide (Second Edition, 2015, supplement forthcoming 2018), published by Practising Law Institute.  The second, The Law of Advertising, Marketing and Promotions (Law Journal Press 2011), was written with David Bernstein, a partner at Debevoise & Plimpton.

Mr. Keller, along with Mr. Cunard, also taught at Harvard Law School and was a Fellow at its Berkman Center for Internet and Society.  In May 2008, both received the Berkman Award, the Center’s highest honor, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.

He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Boards of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others.  He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.

******************

Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.  He is admitted to the bar in New York, Massachusetts and New Jersey.


Cristina Chou joined Time Warner Cable as Vice President, Regulatory Affairs, in September 2008.  In this role, she represents the company before the Federal Communications Commission and other regulatory agencies in matters affecting TWC's video business.

Before joining TWC, Ms. Chou was an attorney at the FCC, serving as Legal Advisor, Media, for Commissioner Robert McDowell and as an Associate Bureau Chief of the Media Bureau.  Prior to working at the FCC, Ms. Chou represented media and communications clients in regulatory matters at Morrison & Foerster, served as an advisor for the Assistant Secretary of the National Telecommunications and Information Administration in the U.S. Department of Commerce, and negotiated transactions as senior counsel at Teleglobe Communications Corp. 

Ms. Chou is a member of the Federal Communications Bar Association.

She is a graduate of Duke University and received her J.D. from Vanderbilt University School of Law.


Dale Cohen is an experienced media lawyer, executive and educator currently serving as Director of the Documentary Film Legal Clinic at UCLA School of Law and as Special Counsel for FRONTLINE, PBS's award-winning documentary series.  Dale has long and happily grappled with media law and related issues as in-house counsel, as a litigator and as a professor.  Prior to his current positions, Dale served as Vice-President-Administration for Radio Free Europe in Prague.  Dale has also worked in legal and executive positions at Cox Enterprises, Tribune Company and NPR. 

Before going in-house, Dale was a litigation partner concentrating in media, first amendment law and intellectual property for Sonnenschein Nath & Rosenthal (now Denton’s) in Chicago.  Dale has also taught as an adjunct professor at the University of North Carolina School of Law, Emory University, the Merrill College of Journalism at the University of Maryland and the Medill School of Journalism at Northwestern University.  He is a co-author of Media and the Law (2d Ed.) (LexisNexis).


David A. Schulz has defended the rights of journalists and news organizations for over 35 years, litigating libel, privacy, access, and newsgathering claims in 20 states.

His regular clients include international news organizations, national and local newspapers, broadcast and cable television networks, station owners, magazine and book publishers, and internet content providers of all types.

More recently, Dave has litigated issues concerning government secrecy in many contexts. He was tapped to provide advice on the WikiLeaks and Edward Snowden disclosures, has pursued reporters’ access rights at Guantanamo Bay, and has represented a number of journalists in federal leak investigations.

In addition to his work at Ballard, Dave is a Clinical Lecturer at Yale Law School and runs the Media Freedom and Information Access (MFIA) Clinic at Yale. The MFIA Clinic supports robust investigative journalism and government transparency by providing pro bono representation to journalists and non-profit organizations on issues involving access to government information, newsgathering, digital privacy, and free speech. Dave has supervised MFIA Clinic students since the clinic was established in 2009.

He has been described by Best Lawyers as “the top access litigator in the country,” a viewed echoed by clients in Chambers USA, which has reported that “there is no-one better in the country on freedom of information and access to the courts.” Chambers USA has described Dave as a “walking encyclopedia” of media law who has played a key role in “a number of important battles” and has been “instrumental in ensuring” that protections for reporters’ confidential sources are “watertight.” The Legal 500 likewise has noted that Dave is “widely praised as a recognized expert on freedom of information and access to the courts.”

Dave began his legal career in New York at Rogers & Wells, which later merged with London-based Clifford Chance, and served as head of the media litigation group at that firm before joining Levine Sullivan Koch & Schulz LLP in 2003.  LSKS merged into  Ballard Spahr in 2017.


Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP’s litigation practice group.

Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.

Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.

In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.

In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.

The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."

Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who LegalWho’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013.)

Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.

He has appeared frequently on television on Nightline, the News Hour with Jim LehrerCharlie Rose and other programs and has published articles and reviews in The New York TimesThe Washington PostThe Yale Law JournalThe Harvard Law Review, and elsewhere.

Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.

For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).


George Freeman is Executive Director of the Media Law Resource Center, a non-profit trade association supporting the media in legal matters.  Before that he was Of Counsel to the law firm of Jenner & Block.

For 31 years he was the chief First Amendment lawyer in the Legal Department of The New York Times, leaving as Vice President and Assistant General Counsel in 2012. At the Times, he was primarily responsible for newsroom counseling of The Times, the company’s many other newspapers and its television stations and magazines; he also was responsible for the newspaper’s and company’s litigations, and was at the forefront of numerous high-profile First Amendment cases, including Judy Miller’s resistance to a subpoena in the prosecution of Scooter Libby and the successful defense of The Times in a libel case brought by quarterback Ken Stabler. The Times newspaper didn’t lose or settle a libel case for dollars during his tenure.

He was the William J. Brennan Visiting Professor at the Columbia Journalism School and also for decades taught at New York University and CUNY’s Graduate School of Journalism.  He has been Chair of the ABA’s and NYS Bar Association’s media law committees and was the co-founder and longtime Co-chair of the American Bar Association’s Forum on Communications Law annual (“Boca”) conference.  He is a graduate of Amherst and the Harvard Law School, and is an avid tennis player. 


James C. Goodale’s current book Fighting for the Press: the Inside Story of the Pentagon Papers and Other Battles was named as best book for 2013 by Alan Rusbridger, editor in chief of The Guardian.  Goodale who led the Pentagon Papers case for the New York Times in 1971,was its vice chairman and general counsel.

He represented the Times in all of its Supreme Court cases including Branzburg v. Hayes in which the Times intervened on behalf of its reporter Earl Caldwell.  The other cases were New York Times v. Sullivan, New York Times Co., v. the United States (the Pentagon Papers case) and Tasini v. New York Times et al.

He has been called the “father of the reporter’s privilege” because of his interpretation of the Branzburg case in the Hastings Law Journal, 1975.  This led to the establishment of a reporter’s privilege to protect sources in most states and federal circuits.

After he left the New York Times in 1980, he joined the law firm of Debevoise & Plimpton LLP in New York City.  There he founded a corporate group and a litigation group dealing with media, communications and the First Amendment.  These groups have represented many well-known U.S. communication entities including The New York Times, CBS and NBC.

He served as chairman of the board for the Committee to Protect Journalists from 1989-1994.  During his tenure he built CPJ into a significant international force, instrumental in the release of imprisoned journalists around the globe.

From 1995-2010 he produced and hosted over 300 programs for “Digital Age,” a TV show about the effect of digital technology on media, politics and terrorism.  Guests included former Secretary of State Henry Kissinger, Senator Bob Kerrey, CIA Director James Woolsey, New York City Mayor Michael Bloomberg and Tom Brokaw (NBC).

Since 1977 he has taught First Amendment and Communications law at Yale, New York University and Fordham Law Schools and has authored over 200 articles in publications such as the New York Times, the New York Review of Books and the Stanford Law Review.


Jeffrey Cunard, managing partner of the Washington, D.C. office, leads the firm’s corporate intellectual property, information technology and e-commerce practices. He has broad experience in transactions, including software and technology licenses, joint ventures, mergers and acquisitions, and outsourcing arrangements. Mr. Cunard’s practice also encompasses copyright litigation. He is an internationally recognized practitioner in the field of the Internet and cyberlaw, a member of the firm’s Cybersecurity & Data Privacy practice, and advises in U.S. and international media and telecommunications law, including privatizations and regulatory advice.

Mr. Cunard is the author of, and contributes to, books and articles on communications and intellectual property law, and he speaks widely on both subjects. He co-authors the treatise, Copyright Law: A Practitioner’s Guide (2d ed. 2015, supplement forthcoming 2019), published by Practising Law Institute, and has co-authored the “Obscenity and Indecency,” “Copyright” and “Trademark and Unfair Competition Issues” chapters in Internet and Online Law (K. Stuckey, ed.) (Law Journal Seminars-Press 1999-2010). Annually, Mr. Cunard co-authors a summary of legal developments involving intellectual property and the Internet for the Practising Law Institute’s Communications Law program. He is on the Board of Editors of e-commerce Law & Strategy and is the co-author of two seminal books on international communications law, From Telecommunications to Electronic Services (1986) and The Telecom Mosaic (1988), both published by Butterworths. He also is a major contributor to The Future of Software (1995), published by MIT Press. For several years, he taught a seminar at Harvard Law School, “Practical Lawyering: Internet-Related Issues,” and served as co-director of the Clinical Program at the Berkman Center for Internet & Society at Harvard University.

Mr. Cunard graduated summa cum laude in English and Political Science from the University of California at Los Angeles in 1977 and received a J.D. in 1980 from the Yale Law School, where he was an Editor of the Yale Law Journal. After graduation from law school, he served as law clerk to the Hon. Wm. Matthew Byrne, U.S. District Court for the Central District of California.

Education

Yale Law School, 1980, J.D.

University of California at Los Angeles, 1977, B.A.


Kathleen M. Sullivan is partner and chair of the national appellate practice at Quinn Emanuel Urquhart & Sullivan, the nation’s largest law firm devoted solely to business litigation.  Before joining the firm in 2005, she served as Dean of Stanford Law School and taught a generation of students constitutional law as Professor of Law at Harvard and Stanford Law Schools. The first woman dean of any school at Stanford, she is also the first (and still the only) woman name partner at any AmLaw 100 firm.

Widely recognized as one of the nation’s most preeminent appellate litigators, Ms. Sullivan handles appeals and motions in a wide range of business litigation matters. She has argued eleven times in the US Supreme Court and numerous times  in the US Courts of Appeals, US district courts, and state appellate courts.  Meanwhile she continues to lecture and write on constitutional issues and to co-author the classic casebook Constitutional Law and its related casebook First Amendment Law.

Ms. Sullivan holds a B.A. from Cornell University, where she was a College Scholar and a Telluride Scholar, an M.A. from Oxford University, which she attended as a Marshall Scholar, and a J.D. from Harvard Law School, where she won the Ames Moot Court competition.  She has been elected to the American Academy of Arts and Sciences, the American Philosophical Society and the American Law Institute.  And she has been named to numerous honors, including repeat appearances on The National Law Journal’s list of the 100 Most Influential Lawyers in America.


Katrina Ane Blodgett is a staff attorney with the Division of Privacy and Identity Protection, Bureau of Consumer Protection, at the Federal Trade Commission in Washington, D.C.  Ms. Blodgett investigates and prosecutes violations of U.S. federal laws governing the privacy and security of consumer information, as well as violations of the Fair Credit Reporting Act.  The most recently announced cases on which she worked are Time Warner Cable and Upromise.  In addition to case work, Ms. Blodgett has served as Counsel to the Director of the Bureau of Consumer Protection, providing guidance and advice on advertising and financial product and service issues, and a rotation in the FTC’s Office of International Affairs, where she participated in the work of the OECD and the London Action Plan. 

Before joining the Federal Trade Commission staff, Ms. Blodgett was an associate with Arnold & Porter LLC in Washington, D.C.  Ms. Blodgett clerked for the Hon. Priscilla Owen at the Texas Supreme Court and the Hon. Royce C. Lamberth at the U.S. District Court for the District of Columbia.


Kevin T. Baine is a partner at Williams & Connolly LLP. He began his legal career by serving as a law clerk for Judge Edward Weinfeld of the United States District Court for the Southern District of New York and then for Thurgood Marshall on the United States Supreme Court.

For over three decades, Mr. Baine has litigated cases raising issues of freedom of speech, freedom of the press, and freedom of religion.  He has represented many of the country’s major media organizations in defamation, invasion of privacy, copyright infringement and other cases throughout the country.  He has also served as counsel for numerous churches and religious organizations in free exercise and establishment clause litigation.  He has argued several cases in the United States Supreme Court and has filed amicus briefs on behalf of media and religious organizations in numerous others.

Mr. Baine is a member of the Board of Overseers of the University of Pennsylvania Law School.


Lucy A. Dalglish became Dean of the Philip Merrill College of Journalism at the University of Maryland on August 1, 2012. Located inside the Washington Beltway, Merrill College is one of the nation’s leading journalism schools. Its undergraduate, masters and doctoral programs produce journalists and scholars prepared to inform the public using cutting-edge techniques and technologies.

Dalglish served as executive director of the Reporters Committee for Freedom of the Press from 2000 to 2012. The Reporters Committee is a voluntary, unincorporated association of reporters and news editors dedicated to protecting the First Amendment interests of the news media. Based in Arlington, Va., the Reporters Committee has provided research, guidance and representation in major press cases in state and federal courts since 1970.

Prior to assuming the Reporters Committee position, Dalglish was a media lawyer for almost five years in the trial department of the Minneapolis law firm of Dorsey & Whitney.

From 1980 to 1993, Dalglish was a reporter and editor at the St. Paul Pioneer Press. As a reporter, she covered beats ranging from general assignment and suburbs to education and courts. During her last three years at the Pioneer Press, she served as night city editor, assistant news editor and national/foreign editor.

Dalglish was awarded the Kiplinger Award by the National Press Foundation in 2012 for her service to journalism. In September 2015, she was named a Fellow of the Society by the Society of Professional Journalists, which also awarded her the Wells Memorial Key, the highest honor bestowed by the Society of Professional Journalists, in 1995. A year later, she was one of 24 journalists, lawyers, lawmakers, educators, researchers, librarians and historians inducted into the charter class of the National Freedom of Information Act Hall of Fame in Washington, D.C.

Dalglish appears frequently in print, online and broadcast stories about issues involving the media and the First Amendment. She has been a national leader in supporting open meeting and open records laws at the state and federal level, as well as a key player over the past 10 years in the effort to pass state and federal reporters “shield laws.” She serves on the boards or advisory committees of the American Society of News Editors, Freedom Forum Institute, and the Maryland, DC, Delaware Press Association Foundation.

At the University of Maryland, she has chaired search committees to hire deans for the business school, vice president for diversity & inclusion, and the vice president and university counsel.  In 2017-18, she co-chaired a joint President and University Senate Taskforce on Inclusion and Respect. 

She was recently elected to represent journalism school deans on the Accrediting Council on Education in Journalism and Mass Communication.

Dalglish earned a juris doctor degree from Vanderbilt University Law School in 1995; a master of studies in law degree from Yale Law School in 1988; and a bachelor of arts in journalism from the University of North Dakota in 1980. While attending UND, Dalglish worked as managing editor of the Dakota Student and as a reporter and editor for the Grand Forks Herald. She lives in McLean, Va., with her husband, Mark McNair.


Mary Snapp is Corporate Vice President and Deputy General Counsel of the Business Development and Evangelism Group (BD&E) in Microsoft's Law and Corporate Affairs department.

Mary leads the legal work for the team responsible for the company’s business development, strategic partnerships, developer relationships, and corporate strategy.  This includes complex commercial transactions as well as the relationship management of Microsoft’s partners.

A 25-year veteran of Microsoft, Mary joined the company in 1988 as Microsoft’s first female attorney. Prior to her current role, she for many years led the Products & Services Group, which provides legal support to Microsoft’s engineering, marketing and research teams.  She led teams engaged in commercial transactions and acquisitions, and counseling on matters such as intellectual property, privacy, competition law and regulatory compliance as related to the design, development, and distribution of hardware devices, software and services.

Before joining Microsoft, Mary was an attorney with the Seattle law firm now known as K&L Gates.   Mary began her career in public relations at General Motors’ corporate headquarters. She graduated from the University Of Michigan School Of Law, where she was Articles Editor for their Journal of International Law. She also holds an MBA from Wayne State University and was a Phi Beta Kappa graduate from the School of Journalism at the University of Kansas.

Mary is the recent past chair of the board of directors of Minority Corporate Counsel Association. She has served as executive sponsor of Legal and Corporate Affairs' diversity and inclusion efforts since 2002, overseeing the development of the department's diversity strategy and leadership team. Under Mary's leadership, the department developed a structured diversity team that has grown to over 70 employee volunteers driving initiatives in support of Microsoft's diversity and inclusion strategy.  She is also the executive sponsor of the department’s pro bono initiatives.

Mary is a frequent presenter on issues of diversity, privacy, and intellectual property licensing. She has been active as a community volunteer and on the board of directors in a number of human services and arts non-profit organizations over many years in the Puget Sound region. Mary currently serves on the board of directors for KCTS 9 Public Television, the YWCA of Seattle, King and Snohomish County and is a board member, and recent past chair, of ArtsFund.  She also serves on the campaign advisory committee for Ryther Child Center and the University of Michigan Law School Advisory Council.


Position/Title: Partner

Primary Areas of Practice: Civil appellate law, media litigation, and business litigation

Law School: Yale Law School, 1979

Work History:

  • Law Clerk to the Hon. Robert M. Hill, U.S. District Judge for the Northern District of Texas (1979-80)
  • Locke Purnell (1980-92)
  • Vinson & Elkins L.L.P. (1992 – present)

Professional Memberships: 

Editorial Board:  Communications Lawyer

Immediate Past Board Chair:  National Association of Law Placement (NALP) Foundation

Fellow:  American, Texas, and Dallas Bar Foundations

Research Fellow:  Center for American and International Law

Member:  American Law Institute; American Academy of Appellate Lawyers; Forum Committee on Communications Law, Council of Appellate Lawyers, Litigation and Tort & Insurance Practice Sections, American Bar Association; Litigation and Appellate Sections, State Bar of Texas; Appellate and Business Litigation Sections, Dallas Bar Association.


Sherrese Smith is a partner in the Media, Technology and Telecommunications practice and is Vice-Chair of the Data Privacy and Cybersecurity practice at Paul Hastings and is based in the firm’s Washington, D.C. office. She is a highly regarded and Chambers-ranked attorney who regularly counsels companies on complex transactional and regulatory issues involving communications and media regulatory, technology, and industry issues. She also advises and counsels multinational companies across various jurisdictions (including the US, EU and Asia) on data privacy and cybersecurity and breach response issues, including managing global privacy and information security risks and compliance matters and regularly navigates clients through data breach and crisis response and associated regulatory investigations and enforcement proceedings.

Prior to joining Paul Hastings, she served as Chief Counsel for Chairman Julius Genachowski at the Federal Communications Commission. In this position, she managed the overall policy agenda for the agency and developed the FCC’s positions and key messages for all media, telecommunications, and mobile policy issues and specialized in the areas of media, Internet, video, broadcast, cable, broadband, IP, mobile and wireless spectrum issues, telemarketing issues, and data privacy and security.  Prior to joining the FCC in 2009, Ms. Smith was Vice President and General Counsel of Washington Post Digital.


Stephanie Abrutyn is senior vice president & chief counsel, Litigation, for Home Box Office, Inc., responsible for the full range of legal issues and proceedings arising from the operations, distribution and programming of Home Box Office, Inc.  Abrutyn also oversees HBO's litigation group and anti-piracy program.  She was named to the position in July 2015.

Abrutyn initially joined HBO as a senior counsel in June 2005.

Prior to HBO, she served as senior counsel, East Coast Media, for Tribune Company, from 1999 to 2005, where she counseled and represented six of its daily papers including Newsday, The Hartford Courant and The Baltimore Sun.  During her tenure there she received the Tribune Company Corporate Excellence Award for her contributions to the company.  From 1996 to 1999, Abrutyn worked at ABC, Inc. as a general attorney, Litigation and Employment Practices; and from 1991 to 1996, was a member of the Media and Communications Practice Team in the Washington, D.C., office of Baker & Hostetler.

She is currently on the New York State Bar Association Media Law Committee and a member of the Governing Board of the ABA Forum on Communications Law.  She also is an adjunct professor of Media Law at the Benjamin N. Cardozo School of Law and is a frequent speaker and author on First Amendment and media law issues. She is a former member and chair of the Board of Directors at the Media Law Resource Center Institute and a former co-editor of Communications Lawyer.

Abrutyn holds a BA with honors from Colgate University, a JD degree from the University of Pennsylvania Law School, and studied at the Institute of Political and Economic Studies in London, England.


Steven G. Brody is a partner in the law firm of Morgan, Lewis & Bockius LLP, based in its New York office. He has represented parties and amici curiae in many commercial speech cases, including numerous cases before the U.S. Supreme Court, federal circuit courts, and state supreme courts. Mr. Brody also counsels clients with respect to a broad range of advertising issues.

Mr. Brody frequently appears as a panelist to discuss First Amendment issues, including on panels at Practising Law Institute's annual communications law seminar in New York. He also has authored numerous articles on First Amendment issues. Among other publications, he is the co-author of "Advertising and Commercial Speech: A First Amendment Guide."

After graduating from Williams College, Mr. Brody obtained his J.D. from the University of Michigan Law School. Earlier in his career, he was a partner at Bingham Mccutchen, McKee Nelson, King & Spalding and Cadwalader Wickersham & Taft.


Co-chair of the Cybersecurity and Data Privacy Group at Buchanan Ingersoll & Rooney, Sue Friedberg advises clients about the rapidly evolving standards of care for safeguarding confidential information and responding effectively to security incidents that threaten to compromise valuable information.  Her cybersecurity practice evolved from her work for many years as Buchanan’s Associate General Counsel and her continuing practice counsel to lawyers, legal departments, law firms and other professionals about conflicts of interest, complex client engagements, and meeting the standards for professional practice in the digital age. In her work with clients and for the Firm, Sue has experienced the complexities and challenges of implementing information security best practices in the everyday working environment, without sacrificing effective and efficient operations.

Sue regularly participates in continuing legal education and other programs presented by the ABA, Practicing Law Institute, Professional Education Network, Pennsylvania Bar Institute, the AON Large Law Firm Symposium and other legal education events. 


Jack Weiss is Of Counsel to Liskow & Lewis and Chancellor Emeritus of the LSU Paul M. Hebert Law Center. From 2007 to 2015, Mr. Weiss served as Chancellor (Dean) of the LSU Law Center and Professor of Law. At LSU, Mr. Weiss taught courses in First Amendment Rights of Expression and Association, Media Law, and Comparative Media Law.

From 1998 to 2007, Mr. Weiss was a partner in the New York office of Gibson, Dunn & Crutcher, LLP. Mr. Weiss served as principal outside publication counsel to Dow Jones & Company, Inc., the publisher of The Wall Street Journal, Barron’s, and their respective online editions. From 1975 to 1998, Mr. Weiss practiced law in New Orleans, where he represented numerous national and local publishing and broadcast clients.

At Liskow, he continues to advise clients on First Amendment and related matters. 

Beginning in 1980, Mr. Weiss taught as an adjunct faculty member at Columbia, Tulane, and Louisiana State University Law Schools. From 2001 to 2007, he co-taught a seminar at Columbia Law School, “The First Amendment and the Institutional Press”, with Judge Robert D. Sack of the United States Court of Appeals for the Second Circuit. From 1998 to 2007, he was the principal speaker on libel law at the annual Communications Law conference of the Practicing Law Institute. From its inception in 1982 until 2010, Mr. Weiss was the Louisiana reporter for the Media Law Resource Center’s 50 State Annual Surveys of Libel and Privacy Law. He also served as the first Louisiana Reporter for the Survey of State Public Records and Open Meetings Laws published periodically by the Reporters’ Committee for the Freedom of the Press. Mr. Weiss is a member of the New York, District of Columbia, and Louisiana bars. He is a life member of the American Law Institute.

Mr. Weiss served as law clerk to Chief Justice Warren E. Burger of the Supreme Court of the United States from 1972 to 1973, and as law clerk to Fifth Circuit Judge John Minor Wisdom from 1971 to 1972. He earned his Juris Doctor degree magna cum laude in 1971 from Harvard Law School, where he was Treasurer and Managing Editor of the Harvard Law Review. In 1968, Mr. Weiss graduated cum laude with high honors in English Literature from Yale University, where he was elected to Phi Beta Kappa.


Jane E. Kirtley is the Silha Professor of Media Ethics and Law at the Hubbard School of Journalism and Mass Communication at the University of Minnesota. She is also Director of The Silha Center for the Study of Media Ethics and Law and is an affiliated faculty member at the University of Minnesota Law School. 

Prof. Kirtley was a Fulbright Scholar teaching U.S. media law and media ethics at the University of Latvia’s Law Faculty in Riga during Spring 2016. She was a Pulitzer Prize juror in 2015, and serves on the ABA’s Standing Committee on the Silver Gavel Awards for Media and the Arts.

Prof. Kirtley has written friend of the court briefs in media law and Freedom of Information Act cases, as well as articles and chapters on media law and media ethics for scholarly journals and the popular and professional press. In 2010, her Media Law handbook was published by the U.S. Department of State, and has been translated into nine languages. She co-authored a textbook, Media Ethics Today, which was published in 2016.

Prior to coming to the University of Minnesota, Prof. Kirtley was Executive Director of The Reporters Committee for Freedom of the Press for 14 years. Before that, she was an attorney with Nixon, Hargrave, Devans and Doyle in Rochester, N.Y. and Washington, D.C. She is a member of the New York, District of Columbia, and Virginia bars. Prof. Kirtley also worked as a reporter for the Evansville (Indiana) Press and The Oak Ridger and Nashville Banner (Tennessee).

Prof. Kirtley’s J.D. is from Vanderbilt University Law School, where she was Executive Articles Editor of the Vanderbilt Journal of Transnational Law.


Karen Kaiser was named Senior Vice President, General Counsel and Corporate Secretary for The Associated Press in 2014. Karen is responsible for overseeing the AP’s legal department, including all editorial, litigation, intellectual property, contract and licensing, compliance, and corporate legal matters. As Corporate Secretary, Karen provides corporate governance advice on issues impacting the company and the Board.

Karen has twice been honored as one of “America’s 50 Outstanding General Counsel” by the National Law Journal. In 2014, the award was given to Karen for leading AP’s legal response to the Department of Justice’s seizure of AP’s phone records, and in 2016, the award was for Karen’s championing of AP’s First Amendment rights.

Karen joined AP in 2009. Prior to becoming General Counsel, Karen was Associate General Counsel, counseling the newsroom globally on all editorial matters including subpoena defense, government investigations, reporter’s privilege, newsgathering and source issues, libel defense, prepublication review, FOIA, and access. Following the DOJ’s seizure of AP’s phone records in 2013, Karen advocated for AP’s interests in high-level DOJ discussions that led to revisions to the guidelines for subpoenas to members of the press. Karen received AP’s Oliver S. Gramling Achievement Award in 2013 for this work, and in 2014, AP received the SPJ Eugene Pulliam First Amendment Award for that same work. Karen serves as part of the DOJ’s News-Media Task Force, where she meets with the Attorney General on issues of importance to the press.

Karen has drafted and filed more than 200 appeals on FOIA denials. These FOIA efforts were highlighted in a 2010 New York Times article, and AP’s FOIA efforts were honored with the SPJ Eugene Pulliam First Amendment Award in 2011. In 2015, Karen testified before the Senate Judiciary Committee in support of stronger FOIA reforms.

Prior to joining AP, Karen was Senior Counsel at Tribune Company. Karen helped pass the Connecticut Reporter’s Shield Law by co-drafting the legislation and testifying before Connecticut’s joint judiciary committee in 2006. Previously, Karen was a litigation associate at Cahill Gordon & Reindel, where she worked on First Amendment cases such as the Valerie Plame Leak Investigation and Wen Ho Lee case. Karen clerked for the Honorable Kevin Thomas Duffy in the SDNY. 

Karen is on the Steering Committee of the RCFP. Karen holds a B.A. in Philosophy and Economics from The University of Pennsylvania, and a J.D. from Fordham Law School.


Kathleen A. Kirby is a Partner with Wiley Rein LLP Washington, DC and Co-Chair of the firm’s Telecom, Media & Technology group.  Ms. Kirby’s practice involves advising some of the country’s largest media groups on regulatory and policy matters, representing radio and television stations in connection with the full realm of FCC compliance, and counseling clients on the sale and acquisition of broadcast properties.  In addition, Ms. Kirby assists television, radio, and new media clients with drafting and negotiating a variety of content and licensing agreements, including network affiliation and syndicated programming deals. She has additional expertise in newsgathering, content regulation, and First Amendment issues. Regularly rated by Chambers USA as one of Washington, DC’s “Leading Lawyers” in her field, Ms. Kirby is commended for “her work on First Amendment and FCC matters” and her “responsiveness and proactive approach.”  She is praised for her “superior subject expertise, commitment to her clients, and great connections within the industry.”

Ms. Kirby has long served as counsel to the Radio Television Digital News Association News Association (“RTDNA”), advising electronic journalists on a variety of legal and legislative matters, including freedom of information, privacy, libel, content regulation, copyright and other First Amendment issues.  She is an inductee of the National Freedom of Information Hall of Fame and recipient of RTDNA’s prestigious First Amendment Leadership Award.

Before attending law school, Ms. Kirby worked for almost a decade as a radio broadcaster in New York and Connecticut, where she gained extensive experience first as a reporter and news anchor, then in management positions in operations, sales, and marketing.

Ms. Kirby obtained her J.D. degree as a Dean’s Scholar from the Catholic University of America, where she received served as Executive Editor of the Catholic University Law Review.  Ms. Kirby simultaneously completed coursework in Catholic University’s Institute for Communications Law Studies.  She received her bachelor’s degree in accounting and marketing from the University of Virginia, where she was selected for Lawn Residence on the basis of leadership and academic merit and was instrumental in founding one of the country’s first student-owned and operated commercial radio stations.  She continues to advise WUVA-FM as a member of the station’s alumni interest group.

Ms. Kirby serves on the Media Institute’s First Amendment Advisory Council.  She is an active member of both the Federal Communications Bar Association and the American Bar Association’s Forum on Communications Law (ABA), and has held leadership positions within both throughout her career.  


Kelli Sager has spent more than thirty years representing media and entertainment companies and individual journalists, including broadcasters, cable companies, film producers and distributors,  newspapers and magazines, book authors, and Web publishers. She is a partner in Davis Wright Tremaine LLP’s Los Angeles office, and has regularly been recognized among the top lawyers in her field. Among other accolades, Kelli has been ranked by Chambers USA for more than ten consecutive years in its top tier of media attorneys in the country, including being listed as one of two “star” individuals nationwide in 2019, and she has been included as one of Lawdragon’s 500 Leading Lawyers in America since 2005. She also has been among the top lawyers recognized by the Los Angeles Daily Journal for many years, including being named in 2019 to its lists of Top 100 Lawyers, Top Intellectual Property Litigators, and Top Women Litigators. Kelli also was named Best Lawyers’ Los Angeles First Amendment Law “Lawyer of the Year” and Los Angeles Media/Entertainment “Lawyer of the Year” for 2019, was named as the Litigator of the Year by the Beverly Hills Bar Association in 2019, and was named as by the Los Angeles Business Journal as one of the “Most Influential Women Attorneys” in 2018.

Kelli has served in leadership roles in many bar associations and non-profit organizations, including acting as the Chair of the ABA Forum on Communications Law, Chair of the IBA’s Media Committee, and President of the Media Law Resource Center's Defense Counsel Section. She also has volunteered for the Ninth Circuit Court of Appeals for more than a decade, including serving as the chair of the Circuit Conference Committee, and currently is a member of the Circuit’s Courts and Community Committee.


Lee Levine has represented media clients in libel, invasion of privacy, reporter’s privilege, access, copyright, and related First Amendment cases for four decades. In the United States Supreme Court, he has argued for the media defendants in Harte-Hanks Communications, Inc. v. Connaughton and Bartnicki v. Vopper. Lee also has litigated in the courts of more than 20 states and the District of Columbia and has appeared in most federal courts of appeal and in the highest courts of several states.

Lee was an Adjunct Professor of Law at the Georgetown University Law Center, where he has taught media law from 1989-2016. He is the lead author of the treatise Newsgathering and the Law, now in its Fifth Edition; he co-authored the casebook Media and the Law; and most recently, together with Professor Stephen Wermiel, he co-authored The Progeny: Justice William J. Brennan's Fight to Preserve the Legacy of New York Times v. Sullivan, published by the American Bar Association Press to commemorate the 50th anniversary of that landmark decision.

Lee began his legal career as a law clerk to the Honorable Irving R. Kaufman, then-Chief Judge of the United States Court of Appeals for the Second Circuit.

Lee was one of the founding attorneys of the highly regarded First Amendment boutique Levine Sullivan Koch & Schulz, which merged with Ballard Spahr in October 2017.

Education

Yale Law School (J.D. 1979) Managing Editor, Yale Law Journal

University of Pennsylvania (B.A., M.A., summa cum laude, Phi Beta Kappa, 1976)


Mr. Smith is a Professor from Practice at Georgetown Law, where his courses include Constitutional Law and Election Law.  As a Vice President of the Campaign Legal Center, he also continues to litigate cases involving redistricting, vote suppression and campaign finance.  He has more than three decades of litigation experience, including 21 arguments before the U.S. Supreme Court.  Those cases include Lawrence v. Texas, the landmark gay rights case, and Brown v. Entertainment Merchants Ass’n, which established First Amendment rights of those who produce and sell video games.  His First Amendment experience also includes a central role in the case of Reno v. ACLU, where the Supreme Court first accorded full First Amendment protection to the Internet.

In addition, Mr. Smith has argued a number of important voting rights cases at the Supreme Court, including Gill v. Whitford and Vieth v. Jubelirer, involving partisan gerrymandering, LULAC v. Perry, involving the legality of Texas’s mid-decade redrawing of congressional districts, Crawford v. Marion County Election Board¸ involving the constitutionality of a voter identification law, and Harris v. Arizona Independent Redistricting Commission, involving a constitutional challenge to Arizona’s legislative map.

Mr. Smith previously was a partner in the law firm of Jenner & Block, where he was chair of the firm's Appellate and Supreme Court Practice and co-chair of the firm's Election Law and Redistricting and Media and First Amendment Practices. 

He attended Amherst College and Yale Law School, where he served as Editor-in-Chief of the Yale Law Journal.  He clerked for Judge James L. Oakes of the Second Circuit and Supreme Court Justice Lewis F. Powell Jr.  He is the recipient of numerous awards for his work promoting civil rights and civil liberties, including, in 2010, the Thurgood Marshall Award given by the ABA Section of Civil Rights and Social Justice.  He received an honorary degree from Amherst in 2015 and now serves on the College’s Board of Trustees.


Specialising in International, Appellate and Complex litigation, Constitutional, Human Rights, IP, Media & Regulatory work, defamation, privacy, media, art and cultural property, data protection and freedom of information, intellectual property and international arbitration, Mark Stephens has undertaken some of the highest profile cases in the country and abroad.  In 2011 Her Majesty the Queen appointed Stephens Commander of the Order of the British Empire (CBE) for his services to law and the arts.  Mark is also extremely active in many other areas having been appointed by the Foreign Secretary to the FCO Free Expression advisory board and the Lord Chancellor to be a Champion for the Community Legal Service.  In December 2009, Mark first appeared in “Who’s Who” where he is described as “lawyer, broadcaster; writer; lecturer”.  He has written and contributed to five books.  Mark has been described by the ‘Law Society Gazette’ as, ‘the patron solicitor of previously lost causes’.  It is this reputation for creativity with law that leads clients to his door.

Mark has created a niche in international comparative media law and regulation.  His expertise also covers specialisms in Creative Arts & Cultural Industries, Human Rights, Judicial Review, Complex Commercial Litigation, Intellectual Property law, Privy Council cases - Ultimate Appeal Court for parts of the Commonwealth, as well as, Regulatory Cases & Inquiries.

Mark has practised before every level of Court in England and Wales and has also practised abroad and before international tribunals and courts.  He is also a Privy Council agent regularly working with a range of overseas lawyers. Mark is also a qualified mediator.  He has been retained by a number of Governments to advise and to represent their interests including, Republic of Cyprus, Republic of Greece, Jamaica, Libya, Mauritius, Romania and the Russian Republic.  Additionally, Mark has litigated in countries as diverse as Anguilla, Antigua, Australia, Cyprus, France, India, Iraq, Iran, Italy, Jamaica, Malaysia, Netherlands, Pitcairn Islands, New Zealand, Russia, Rwanda, Samoa, Singapore and the USA.  Mark chairs a number of bodies including the Design Artists Copyright Society, Global Network Initiative, the Management Committee of the Programme in Comparative Media Law and Policy Wolfson College, Oxford Centre for Socio Legal Studies, the Bianca Jagger Human Rights Foundation and sits on the boards of Censorship Commonwealth Lawyers Association, Human Rights Council of the International Bar Association and Internews Media Law Defence Initiative Independent Schools Inspectorate and is Hon Solicitor to Index of Censorship. 

Mark regularly appears in print and on radio and television and enjoys debating.


Bruce Johnson, a veteran litigator, represents information industry clients on issues involving media and communications law as well as technology and intellectual property matters. His expertise includes advising on First Amendment law issues, particularly involving commercial speech, commercial transactions and consumer rights. The author of Washington’s Reporter’s Shield Law enacted in 2007, the Washington Act Limiting Strategic Lawsuits Against Public Participation ("Washington Anti-SLAPP Law") enacted in 2010, and Washington’s Uniform Correction or Clarification of Defamation Act enacted in 2013, Bruce represents clients in Internet related litigation and liabilities. He also represents national clients in privacy and security matters, advertising liability risks, defamation and Internet and online liability cases. He is the co-author of "Advertising and Commercial Speech, A First Amendment Guide" (2nd Edition), published by the Practising Law Institute, New York. In addition, Bruce regularly represents lawyers, law firms, and other parties in connection with legal malpractice claims, has spoken on the topic of lawyer liability and professional responsibility on many occasions, and currently serves as the co-chair of the firm’s Quality Assurance Committee.


David McCraw serves as the principal newsroom lawyer for The New York Times.  He has spent 17 years at The Times and currently holds the position of Deputy General Counsel.  He is the author of the book “Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts” (St. Martin’s 2019), a first-person account of the legal battles that helped shape The Times’s coverage of Donald Trump, Harvey Weinstein, national security, and the rise of political partisanship in America. He is a visiting lecturer at Harvard Law School and an adjunct professor at the NYU Law School.  Mr. McCraw is a graduate of the University of Illinois, Cornell University, and Albany Law School.


Jennifer Pariser is the Vice President, Copyright and Legal Affairs at the Motion Picture Association.  She provides counsel on a wide range of intellectual property and other legal issues for the association, oversees the studios’ relationship with academic institutions and the filing of amicus briefs in significant copyright cases. She has worked extensively on DMCA notice and takedown matters and ran the Copyright Alert System.  Prior to joining the MPAA, Jenny previously served as head of litigation at the RIAA and at Sony Music where she oversaw all litigation matters including significant lawsuits against online copyright pirates such as Napster, Grokster, Limewire as well as individual infringers.  Prior to that she was an associate with the firms Patterson, Belknap, Webb & Tyler and Debevoise & Plimpton in New York and also served as a judicial clerk to the Honorable Charles Tenney in the United States District Court for the Southern District of New York. She graduated from New York University Law School where she was a member of the Law Review and the School of Foreign Service at Georgetown University.  She lectures extensively on copyright topics including at the Copyright Society of the USA, the American and New York Bar Associations, PLI and various law schools.


Professor RonNell Andersen Jones is an Affiliated Fellow at Yale Law School’s Information Society Project and the Associate Dean of Faculty and Research and Lee E. Teitelbaum Chair at the University of Utah S.J. Quinney College of Law.

A former newspaper reporter and editor, Professor Jones is a First Amendment scholar who teaches, researches and writes on legal issues affecting the press and on the intersection between media and the courts. Her scholarship addresses issues of press access and transparency and the role of the press as a check on government. She is also a widely cited national expert on reporter’s privilege and newsgathering rights and a regular speaker on emerging areas of social media law. Her scholarly work has appeared in numerous books and journals, including Northwestern Law Review, Michigan Law Review, UCLA Law Review, Minnesota Law Review, and the Harvard Law Review Forum. She is also a regular public commentator on press freedom issues. Her op-eds have been published in several major news outlets, including CNN and The New York Times, and her research has been quoted in Newsweek, the Washington Post, the New York Times, and other national publications.

Professor Jones graduated first in her law school class and clerked for the Honorable William A. Fletcher on the Ninth Circuit Court of Appeals and for Justice Sandra Day O’Connor on the United States Supreme Court. Prior to entering academia, she was an attorney in the Issues & Appeals section of Jones Day, where her work focused on Supreme Court litigation and included major constitutional cases.

Before joining the faculty at the University of Utah, Professor Jones was Professor of Law and Associate Dean of Academic Affairs and Research at Brigham Young University, where she was twice named Professor of the Year. Before that, she was a Distinguished Faculty Fellow at the University of Arizona, where she team-taught an annual course about the United States Supreme Court with Justice O’Connor.


Darci J. Bailey
Vice President & Association General Counsel
A&E Television Network, LLC

Primary Areas of Practice: Head AETN's global litigation and IP practice, including employment matters, and head of business affairs for AETN consumer products.

Law School:
Pace University

Work History: Worked at a few firms over her ten years in private practice in NY, notably Nims Howe, Clifford Chance (Rogers & Wells), and Mintz Levin as well as worked in-house at MTV (intern) and Henry Holt Publishing. She also interned at Stephens Innocent in the UK. Darci has been with AETN for more than six years. Darci's first real job was with a venture capital firm in Hong Kong.

Professional Memberships
: MLRC, ABA Communication Law; IBA Corporate Counsel, Media Section


Gillian Lusins is responsible for marketing and and production related intellectual property issues for NBCUniversal Media, LLC’s television related businesses. Her responsibilities include providing advice on all aspects of television and new media production, including development, production, distribution, licensing, rights and clearance for NBCUniversal’s fictional and reality prime time and late night television properties. She works closely with the marketing groups on promotional matters, with a particular focus on social media issues. She also provides advice relating to consumer privacy, music and other copyright and trademark questions.


Primary Areas of Practice
: Intellectual Property, Marketing

Law School/Graduate School: Columbia Law School

Work History: At NBCUniversal for twenty years.


John Bergmayer is a Senior Staff Attorney at Public Knowledge, specializing in telecommunications, Internet, and intellectual property issues. He advocates for the public interest before courts and policymakers, and works to make sure that all stakeholders--including ordinary citizens, artists, and technological innovators--have a say in shaping emerging digital policies.


Robert D. Sack has, since August 6, 1998, been a Judge of the United States Court of Appeals for the Second Circuit with his chambers at 40 Foley Square.  He took senior status on August 6, 2009.  During his 33 years in practice, he specialized in national and international press law.  He was a frequent lecturer and writer on press law topics and is the author of Sack on Defamation:  Libel, Slander, and Related Problems (4th ed. 2010) and coauthor of Advertising and Commercial Speech:  A First Amendment Guide (1999).  His article, Protection of Opinion Under the First Amendment:  Reflections on Alfred Hill, "Defamation and Privacy Under the First Amendment," was published in the 100th Anniversary issue of the Columbia Law Review.  On May 1, 2008, Judge Sack was awarded the Federal Bar Council's Learned Hand Medal for excellence in federal jurisprudence.

Judge Sack was an officer and director of the William F. Kerby and Robert S. Potter Fund, which assisted in funding the legal defense of journalists abroad, and a member of the advisory boards of the Bureau of National Affairs' Media Law Reporter and the ABA Forum Committee's Communications Lawyer.  He is a member of the Board of Visitors of the Columbia Law School, and was a member of the Board of Trustees of Columbia University Seminars on Media and Society, and was Chairman of the National Council on Crime and Delinquency.  He has since 2001 been a Lecturer in Law and Adjunct Professor at Columbia Law School.  He was Columbia Law School's commencement speaker in 2007.  He was Adjunct Professor of Political Science and Special Guest Lecturer at the University of Rochester in 2012 and a Distinguished Visiting Jurist at the University of Chicago Law School in 2013.  He is a member of the American Bar Association, the New York City Bar Association (Chair, Communications Law Committee, 1986-89), and the American Judicature Society.  He is a Fellow of the American Bar Foundation.

After graduating from the University of Rochester in 1960 and Columbia Law School in 1963, Judge Sack clerked for United States District Judge Arthur S. Lane, in the District of New Jersey.  He later became an associate and partner at Patterson, Belknap, Webb & Tyler (1964-1986) and a partner at Gibson, Dunn & Crutcher (1986-1998), both in New York City.  In 1974, he served as a Senior Associate Special Counsel to the United States House of Representatives Impeachment Inquiry Staff.


S. Jenell Trigg, a former broadcast television sales/marketing executive spanning a 16-year career, is a Member of Lerman Senter PLLC, and is Chair of the firm’s Intellectual Property, New Media & New Technology Practice Group.  She has more than 19 years of experience in policy, regulatory, enforcement and litigation issues in various telecommunications industries, including stints at the Federal Communications Commission and the U.S. Small Business Administration.  She is accredited as a Certified Information Privacy Professional (CIPP) through the International Association of Privacy Professionals (IAPP).  She advises clients on a wide range of privacy and data security matters, including email and mobile advertising/marketing, mobile app development, Payment Card Industry – Data Security Standards, government access, and security breach notification and identity theft laws.

Prior to private practice, Ms. Trigg served as Assistant Chief Counsel for Telecommunications for the Office of Advocacy, U.S. Small Business Administration, where she directed Advocacy’s involvement in all telecommunications and Internet issues and proceedings before the FCC, other federal and state government agencies, the White House, and Congress.  While in law school, Ms. Trigg worked as the Senior Telecommunications Policy Analyst for the FCC’s Office of Communications Business Opportunities.  Her first positions at the FCC were as a full-time Law Clerk to Commissioners Rachelle B. Chong and Susan Ness, in addition to a part-time Law Clerk to then-General Counsel, William E. Kennard, also a former FCC Chairman.  Prior to the FCC, Ms. Trigg was National Sales Manager and Director of Marketing for WJZ-TV, the now-CBS Corporation owned and operated television station in Baltimore, Maryland.  She also worked at WMAQ-TV NBC5 and WFLD-TV FOX 32 in Chicago as a Senior Account Executive, and was involved in the launch of the market’s first Ten O’clock News as Director of Marketing for WBFF, FOX 45 in Baltimore.

A 1978 graduate of Northwestern University in Evanston, Illinois with a B.S. in Speech, Ms. Trigg received her juris doctor degree magna cum laude from The Catholic University of America, Columbus School of Law in 1997.  She also received certification from the law school’s Institute for Communications Law Studies with honors and was one of the first evening students to complete the entire program.

Ms. Trigg is admitted to practice before the Maryland Court of Appeals, the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for the District of Columbia, Third and Tenth Circuits, as well as the Supreme Court of the United States of America.  She is a member of the Federal Communications Bar Association (FCBA) and American Bar Association (ABA).  She was the founding co-chair of the FCBA’s Privacy & Data Security Committee and served for eight years, and as the founding Co-Chair of the ABA/FCBA’s Annual Privacy & Data Security Symposium, serves as a member of the ABA Communications Law Forum Governing Committee.  She is also a member of the Advisory Board for the Minority Media, Telecommunications & Internet Council (MMTC) and continues to work with the Board of Directors for the Delta Research and Educational Foundation as legal counsel after almost 18 years as board member.  Ms. Trigg is a founding member of the National Association of Multicultural Digital Entrepreneurs, a member of IAPP and Delta Sigma Theta Sorority, Inc., A Public Service Sorority.  Ms. Trigg is a past president of Catholic University’s Communications Law Institute Alumni Association and currently serves on the law school’s Board of Visitors.  She also serves on the Board of Visitors of Morgan State University’s School of Global Journalism and Communication.  She is a mentor to many law school and college students, graduates, and young professionals across the country, and is a frequent speaker before the FCC, IAPP, ABA, NAB, MMTC, Congressional Black Congress, and other organizations on small business, privacy and/or wireless issues.


Pam is a partner in the Vorys Washington, D.C. office and is the Chair of the litigation practice group in that office. She serves as trial and appellate counsel in business and commercial litigation matters, with an emphasis on professional liability, errors and omissions and coverage litigation.  She represents lawyers, financial institutions, broker/dealers, financial professionals, directors and officers, technology professionals, fiduciaries, insurers and other professionals. Pam serves as coverage and litigation counsel for insurers issuing errors and omissions policies. She represents businesses and individuals in securities, technology, intellectual property and other corporate litigation. She advises law firms and lawyers on management, ethics and risk prevention issues.  Pam is a Fellow of the American College of Trial Lawyers and has been named in Best Lawyers in America in the areas of professional liability, professional responsibility, commercial litigation and bet-the-company litigation.  Pam is a member of the ABA Board of Governors.  She is admitted to practice in Maryland, the District of Columbia, New York, California and Illinois.