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Articles & Reports

MLRC publishes numerous articles and reports for members, some of which are also available to the public. These publications are resources on libel, privacy, intellectual property, and other areas of law and practice of relevance to media and its counsel.


2017

Challenges and Solutions for Media Companies and Their Journalist Workforces in Harnessing the Internet’s Power While Avoiding Its Pitfalls
Employment Committee, October 2017

Model Brief on Access to the Executive Branch
Newsgathering Committee, August 2017

2016

Legal Considerations for U.S. Media Companies Who Send Employees Into "Harm's Way"
Employment Committee, June 2016

Using Trademarks in Expressive Works
Entertainment Law Committee, June 2016

2015

Model Policy on Police Body-Worn Camera Footage
State Legislative Affairs Committee, May 2015

Practically Pocketsized Guide to Internet Law
Internet Law Committee, May 2015

2014

Catalog of Subpoena Decisions by Category of Material and Reasons Sought
Model Shield Law Task Force, November 2014

MLRC Model Shield Law
Model Shield Law Task Force, August 2014

Key Points on DOJ Policy
MLRC Memo, March 2014

Resource Materials on the Definition of "Journalist" and "Media" in Litigation and Legislation: 2014 Update
Model Shield Law Task Force, January 2014

Non-Competes in the Broadcast Industry
Employment Law Committee, January 2014

Law Of "Opinion" Practice Guide: 2013 Supplement
MLRC Report, January 2014

2013

Can I Use This Clip: A Guide to Audio/Video Use
Pre-Publication/Pre-Broadcast Committee, November 2013

Access to Public Employee Pension Records
Newsgathering Committee, November 2013

MLRC Practically Pocket-Sized Guide to Internet Law
Internet Law Committee, Updated July 2013

Publishing Photos, Images, or Other Illustrations
Pre-Publication/Pre-Broadcast Committee, June 2013

The Legal Ethics of Social Networking
Ethics Committee, May 2013 (excerpted from the MLRC MediaLawLetter)

Risks and Tips for Digital Images
Pre-Publication/Pre-Broadcast Committee, February 2013

Discovery Roadmap
Litigation Committee, January 2013

2012

Implications for the News Media of "Anti Leaks" Proposals in Congress
Legislative Affairs Committee, November 2012

Basic Guide to Employment Defamation and Privacy Law
Employment Committee, October 2012

Social Media Project
Pre-Publication / Pre-Broadcast Committee, September 2012

Checklist on Advertising Content
Advertising and Commercial Speech Committee, June 2012

MLRC Jury Instruction Manual
Litigation Committee, February 2012


2011

Transcript: 2011 Annual Dinner
Ken Richieri (MLRC Board Chair, New York Times), Jeffrey Toobin (The New Yorker) and Terry Moran (CNN) honor Anthony Lewis

1984 All Over Again: A Guide to GPS Surveillance in the Workplace
Employment Law Committee, October 2011

Resource Materials for Defining "Journalist" and "Media" in Litigation and Legislation
Model Shield Law Task Force, October 2011

The Use of Releases in News and Entertainment Production
A Joint Project of the Pre-Publication/Pre-Broadcast Committee & Entertainment Law Committee, August 2011

Defending Against A Defamation Claim: Post-Publication Considerations
Litigation Committee, July 2011

The MLRC Model Media Decorum Order for High Profile Cases & Supporting Memorandum
Newsgathering Committee, January 2011


2010

Transcript: 2010 MLRC Annual Dinner
Jill Abramson (The New York Times), Michael Kinsley (POLITICO), Jonathan Klein (Former President, CNN/U.S.) and moderator Jonathan Alter (Newsweek) on the changing business of news.

MLRC's Practically Pocket-Sized Guide to Internet Law
Internet Law Committee, Updated September 2010

Model Policy on Access and Use of Electronic Portable Devices in Courthouses and Courtrooms
Newsgathering Committee, July 2010

She Won't Let me Blog in the Courtroom
Addition to the MLRC Panic Book (2008), Newsgathering Committee, July 2010

A Basic Guide to Independent Contractor Law for Media Companies
Employment Law Committee, June 2010

Catalog of Subpoena Decisions by Category of Material and Reasons Sought
Model Shield Law Task Force, March 2010

When Denial of Evidence Justifies Dismissal of Defamation Claims
Litigation Committee (formerly Pre-Trial Committee), January 2010


2009

To Recuse or Not Recuse? That is the Question
Litigation Committee (formerly Pre-Trial Committee), November 2009

Media Law Opinions of Supreme Court Nominee Sonia Sotomayor
MLRC Staff, June 2009

A Journalist's Quick HIPAA Guide
MLRC Staff, May 2009

Media Law Legislative Record of President Barack Obama
MLRC Staff, January 2009

Invasion of the Blogs:  An Introductory Survival Guide for Assessing, Addressing and Managing Employee Blogs and Other Alien Publication Life Forms
Employment Law Committee, January 2009


2008

Panic Book: The Fastest Possible Answers in an Emergency
Newsgathering Committee, December 2008

Recent Efforts to Enact State Shield Laws
New Legal Developments Committee, December 2008

Motion To Stay Discovery Pending Resolution of a Dispositive Motion
Litigation Committee (formerly Pre-Trial Committee), December 2008

Excluding Expert Witnesses In Actual Malice Cases
Litigation Committee (formerly Pre-Trial Committee), November 2008

Prevailing on Summary Judgment under a Negligence Standard
Litigation Committee (formerly Pre-Trial Committee), October 2008

Fair Report Privilege: A State by State Guide
MLRC Staff September 2008

Legal Ethics For Media Lawyers: From Conflicts To Confidentiality To Lawyer Advertising
Ethics Committee, July 2008

Model Brief on Newsgathering Claims
Newsgathering Committee, April 2008

Sting Stories Checklist
Pre-Publication/Pre-Broadcast Committee, April 2008

The Reporter's Privilege: Can it be Preserved in a Civil Lawsuit Against the Press?
Litigation Committee (formerly Pre-Trial Committee), April 2008

Religious Discrimination In The Workplace: An Outline Of Issues
Employment Law Committee, March 2008


2007

Copyright Infringement: The Standards in Your Circuit (December 2007)

Criminal Libel and the Internet (MLRC staff, October 2007)

Points for Discussion on Journalistic Use of Anonymous Sources (Newsgathering Committee, July 2007)

Compendium of State Statutes Protecting Whistleblowers (Newsgathering Committee, June 2007)


2006

MLRC Dinner Transcript: Scott Pelley Moderates a Panel on National Security Reporting With Dana Priest, David Remnick, James Risen and Pierre Thomas (November 2006)

2006 Model Trial Brief (Trial Techniques Committee, November 2006)

2006 Actual Malice Practice Guide (MLRC Report, November 2006)

Basic Guide to Employment Defamation and Privacy Law (Employment Committee, November 2006)

Geoffrey Robertson Speech: Perils of Publishing in the Global Age (NAA/NAB/MLRC Libel Conference 2006)

New Challenges and Familiar Themes in the Recent Case Law Considering Section 230 (Internet Law Committee Bienniel Articles, distributed at NAA/NAB/LDRC Libel Conference 2006)

Media Blogs: Spotting and Mitigating Their Risk (Internet Law Committee Bienniel Articles, distributed at NAA/NAB/LDRC Libel Conference 2006)

Privacy Implications of Internet Searches (Internet Law Committee Bienniel Articles, distributed at NAA/NAB/LDRC Libel Conference 2006)

The Google Library Project (Internet Law Committee Bienniel Articles, distributed at NAA/NAB/LDRC Libel Conference 2006)

How to Target Advertising on the Internet While Respecting Trademark Owners’ Rights (Internet Law Committee Bienniel Articles, distributed at NAA/NAB/LDRC Libel Conference 2006)

Reporting on the War on Terror: The Espionage Act and Other Scary Statutes (MLRC report, republished March 2006)

Checklist on Identifying/Interviewing Children as Perpetrators, Victims and/or Witnesses (Pre-Publication/Pre-Broadcast Review Committee report, February 2006)

Ride-Alongs Revisited: Privacy Issues Raised by Special Access Granted to News Media by Law Enforcement (Newsgathering Committee Report, February 2006)

Remote Electronic Access to Public Court Records (MLRC staff report, updated January 2006)


2005

2005 MLRC Dinner Transcript: Terry Moran Moderates Panel on the Reporter's Privilege (November 2005)

“Watch" Words: A Glossary (Pre-Publication/Pre-Broadcast Review Committee report, November 2005)

Media Law Opinions of Supreme Court Nominee Samuel A. Alito, Jr. (MLRC staff report, November 2005)

Prepublication/Prebroadcast Checklist (Pre-Publication/Pre-Broadcast Review Committee report, October 2005)

2005 MLRC London Conference: Transcript of Conference Speeches (September 2005)

The Substantial Truth Defense and Third Party Allegations (MLRC report, April 2005)

Reporter's Privilege: Distinguishing Civil and Criminal Contempt (MLRC report, January 2005)


2004

2004 MLRC Dinner Transcript: Tom Brokaw Interviews Brennan Award Recipient Ted Turner (November 2004)

MLRC Reporter's Privilege Symposium Transcript (November 2004)

Cyberspace Committee: Articles on Selected Topics (Cyberspace Committee report, October 2004)

Discovery Roadmap (Pre-Trial Committee report, October 2004)

Issue Checklist for Motions to Dismiss and Summary Judgment in a Defamation Action (Pre-Trial Committee report, September 2004)

Effective Use of the Fair Report Privilege (Prepublication/Prebroadcast Review Committee report, September 2004)

White Paper on the Reporter's Privilege (MLRC Bulletin 2004 Issue 2)

Remote Electronic Access to Public Court Records (MLRC report, July 2004)

Press Freedom on the Internet (Post-Gutnick Task Force working papers, July 2004)

Law of Opinion Practice Guide (MLRC report, June 2004)

Media Liability for Breach of Promise to Maintain a Source's Confidentiality after Cohen v. Cowles Media Co. (Pre-Publication/Pre-Broadcast Committee report, May 2004)

Model Brief on Jury Access Issues (Newsgathering Committee memo, March 2004)

2004 Motion to Dismiss Study (Pre-Trial Committee, August 2004)


2003

2003 Actual Malice Practice Guide (MLRC report, December 2003)

Jury Debriefing: Gill v. ABC (Mock Trial) (Jury Debriefing Committee report, November 2003)

Jury Debriefing: Sweeny v. New York Times (Jury Debriefing Committee report, November 2003)

2003 MLRC Dinner Transcript: "In the Trenches: War Reporting and the First Amendment - Part 2" (November 2003)

Cases on Government Information Since 9/11 (Newsgathering Committee report, October 2003)

2003 MLRC London Conference: Transcript (September 2003)

Pre-Publication / Pre-Broadcast Review Outline (Pre-Publication/Pre-Broadcast Committee report, n.d. 2003)

A New Federal Law May Impede Public Health Reporting (HIPAA) (Newsgathering Committee memo, April 2003)

"A threat to liberty" (op-ed on criminal defamation laws) (MLRC staff, April 2003)

Update on Employer E-mail Monitoring: The Ninth Circuit Joins the Mainstream (MLRC staff report, Spring 2003)


2002

2002 Actual Malice Practice Guide (MLRC report, December 2002)

2002 LDRC Dinner Transcript: "In the Trenches: War Reporting and the First Amendment" (November 2002)

News Gathering Practices After Bartnicki v. Vopper (Pre-Publication/Pre-Broadcast Committee report, November 2002)

MLRC Response to the European Commission’s Consultation on a Preliminary Draft Proposal for a Council Regulation on the Law Applicable to Non-contractual Obligations ("Rome II Regulation") (October 2002)

Note Retention Policies of Reporters; Use of "Advice of Counsel" as a Defense by Reporters (Pre-Publication/Pre-Broadcast Committee report, September 2002)

Use of "Advice of Counsel" as a Defense by Reporters (Pre-Publication/Pre-Broadcast Committee report, September 2002)

Cyberspace Project: International Law and the Enforcement of Foreign Judgments Based on Internet Content (Cyberspace Committee report, August 2002)

Internet Jurisdiction and Choice of Law Issues (Cyberspace Committee report, July 2002)

Link Law Revisited: Internet Linking Law at Five Years (Cyberspace Committee report, July 2002)

Link Law Revisited: Internet Linking Law at Five Years; July 2002 Supplement (Cyberspace Committee report, July 2002)

Privacy Online 2.0 (Cyberspace Committee report, July 2002)

The Electronic Communications Privacy Act and Internet Privacy Litigation (Cyberspace Committee report, July 2002)


2001

2001 LDRC Dinner Transcript: "A Conversation With Benjamin C. Bradlee, Don Hewitt and Diane Sawyer, Led by Walter Isaacson" (November 2001)

Practice Guide: How to Defeat Plaintiffs' Claims of Actual Malice (MLRC report, November 2001)

Compendium of Judicial References to First Amendment Interests in Newsgathering (Newsgathering Committee report, Nov. 2001)

E-Mail Monitoring in the Private Workplace (MLRC staff report, Fall 2001)

2001 Model Trial Brief (Trial Techniques Committee report, June 2001)


2000

2000 LDRC Dinner Transcript: "20 Years: Law, Lawsuits, Lawyers; Their Legacy for News" (November 2000)

2000 Jury Instructions Manual (Jury Instructions Committee report, November 2000)

Bench Media Project (MLRC report, June 2000)

Trials Of A Generation (MLRC report, January 2000)

Issue Checklist for Motions to Dismiss and Summary Judgment in a Defamation Action (Pre-Trial Committee report, 2000)


1999

1999 LDRC Dinner Transcript: "Sullivan in the Year 2000: Will It - Should It - Survive?" (November 1999)

Cyberspace Project: Articles Regarding Selected Topics (Cyberspace Committee report, August 1999)


1998

1998 Complaint Study (MLRC staff report, September 1998)

LDRC Forum on English Libel And Privacy Law: May 11 & 12, 1998 London, England; Transcripts from the May 12th Proceedings (September 1998)


1997

1996 Term: A Report on Petitions for Certorari to the Supreme Court of the United States (MLRC staff report, August 1997)

1997 Advertising and Commercial Speech Committee: Articles on Selected Topics (Advertising and Commercial Speech Committee report, April 1997)

1997 Cyberspace Committee: Articles on Selected Topics (Cyberspace Committee report, March 1997)


1996

1996 LDRC Complaint Study (MLRC staff report, 1996)

Tortious Interference: A Practical Primer for Media Practioners (MLRC report, January 1996)


1995

Online Defamation: Articles on Selected Topics from the New York State Bar Association Committee on Media Law and the LDRC Cyberspace Committee (Cyberspace Committee report, 1995)

1995 LDRC Complaint Study (MLRC staff report, 1995)


1993

Arguing for the Protection of Opinion in the Aftermath of Milkovich v. Lorain Journal (MLRC staff report, 1993)

Supreme Court Report: Part 1: An Overview of the Rehnquist Court (MLRC staff report, 1993)

Supreme Court Report Part 2 (MLRC staff report, 1993)

Current Retraction Practice: An LDRC Survey (1993)


1992

LDRC Recap and Update: Trial Results, Damage Awards and Appeals, 1980 -89 and 1990-91 (MLRC staff report, July 1992)

The [Uniform] Defamation Act: A Special Report (MLRC staff report, June 1992)

1992 LDRC Dinner Transcript


1989

Annotations To LDRC DCS Survey and Report on Special Procedures and Innovative Techniques for Trying Media Libel Actions Before Juries (August 1989)


1988

Special Procedures and Innovative Techniques for Trying Media Libel Actions Before Juries: A Survey and Report (September 1988)

Preliminary Report of Committee on Libel Jury Instructions: DCS's Libel Jury Reform Project (Libel Jury Instructions Committee report, August 1988)


1985

Jury-Related Information in Recent Libel Trials: A Survey of Attorney Awareness (MLRC report, August 1985)

Reflections on Westmoreland v CBS: An Interview with Jurors and Defense Counsel (MLRC report,Aug. 1985)

Juror Attitudes Study 1 (MLRC report, 1985)

Juror Attitudes Study 2: Private Figure/Broadcast (MLRC report, 1985)

Juror Attitudes Study 3: Private Figure (Gross Irresponsibility)/Newspaper/Defense Win (MLRC report, 1985)


1984

LDRC Damages Watch (MLRC staff report, March 1984)


1983

LDRC Damages Watch (MLRC staff report, September 1983)

 
 
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