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Jul 2021

Forum Selection Clause Blows Case West of the Windy City

George Desh

While 2Pac may have had California love and Tony Bennet left his heart in San Francisco, Windy City Rehab television personality Donovan Eckhardt hoped to keep his recently-filed suit in Illinois.

Jul 2021

Court Dismisses Roy Moore’s Claims Against Sacha Baron Cohen Satire

Carl Mazurek

Judge Cronan of the Southern District of New York granted summary judgment of defendants Sacha Baron Cohen, Showtime, and ViacomCBS, dismissing with prejudice the defamation, intentional infliction of emotional distress, and fraud claims brought against them by Roy and Kayla Moore. Moore v. Cohen.

Jun 2021

As Harry And Meghan Become a Hybrid Royal /Celebrity Couple, What If Any Is Their Impact on Celebrity Reporting?

Amber Melville-Brown

The employment of a PR velvet glove around an iron legal fist appears to be the couple’s strategy for elbowing third party reporters and snappers out of the way as they take control of their own images.

Jun 2021

New York Appeals Court Dismisses Porco v. Lifetime

Elizabeth Seidlin-Bernstein

The unanimous decision provides much-needed guidance to creators of content about real people and events, making clear that a docudrama about a newsworthy subject cannot give rise to a Section 51 claim unless it misleads viewers into believing that it is entirely accurate.

Jun 2021

Texas High Court: Revenge Porn Law Survives Strict Scrutiny

Adam Goodrum

The Court of Criminal Appeals determined that the statute does not violate the First Amendment, and thus the state may prosecute a person for sharing intimate sexual photos of another when the defendant was not involved in the depicted encounter.

Jun 2021

Managing Compliance with the Growing Patchwork of State Privacy Laws

Phil Yannella, Kim Phan and Greg Szewczyk

The purpose of this article is to compare and contrast the major U.S. privacy laws, identifying areas of overlap as well as areas where compliance will require state-specific analysis, disclosures and policies

May 2021

Connecticut Court Upholds Fair Report Privilege and Anti-SLAPP Law

William S. Fish, Jr. and Alexa Millinger

Two recent Connecticut Appellate Court decisions based on The Hartford Courant’s reporting on a local lawyer’s professional sanctions affirmed the strength of the fair report privilege as a defense to a defamation claim under Connecticut law and also represented the first appellate case decided under the state’s relatively new Anti-SLAPP law.

Apr 2021

Former Congresswoman’s “Revenge Porn” Suit Against Media Outlets Dismissed

Kelli Sager, Dan Laidman, and Abigail Zeitlin

A Los Angeles judge has rejected a novel attempt to hold media outlets liable under a so-called “revenge porn” statute, in a high-profile case involving former Congresswoman Katie Hill.

Apr 2021

Eleventh Circuit Upholds Qualified Immunity for Police Officer

Jacqueline A. DeJournett and Peter Canfield

On April 20, the Eleventh Circuit upheld qualified immunity for a police officer, finding that a witness to a highway accident not did have a clearly established right to photograph police conduct at the scene.

Feb 2021

New York State Appellate Court Rejects Defamation and Right of Publicity

Michael J. Grygiel

An intermediate appellate court in New York recently affirmed the dismissal of a complaint asserting a potpourri of tort claims against a community newspaper based on its publication of an archived photograph to illustrate a current news story.