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Mar 2024

Jury Awards $25M in Damages, Including $20M in Punitive Damages, for The Oklahoman’s Misattribution of Racial Slur

Michael Norwick

Actual malice finding and massive punitive award comes notwithstanding the Gannett-owned newspaper’s correction of the error within two and a half hours.

Jan 2024

Lawsuit Over Alleged CIA Spying on Assange Visitors May Proceed in Part

Matt Kristoffersen

Four Americans may now proceed with their lawsuit against the Central Intelligence Agency for allegedly copying data from their devices while visiting Wikileaks founder Julian Assange.

Dec 2023

Another Unconstitutional Defamation Bill Proposed in Florida

Jim Lake

Proposed 2024 legislation would penalize use of anonymous sources and codify the ability of defamation plaintiffs to sue anywhere in the state for speech posted online.

Nov 2023

Defamation Action Against The National Enquirer Dismissed on Summary Judgment

Robert S. Gutierrez

After more than three years of litigation with three successive law firms, talent manager Michael Sanchez’s defamation action against the National Enquirer was dismissed on summary judgment in August by Judge Dolly Gee. Yet it was not until October that the storied lawsuit was officially over.

Oct 2023

Utah State Records Panel Rules that Public Universities Must Disclose NIL Contracts

Jeffrey J. Hunt and Maria J. DeMarco

A government body — perhaps for the first time — has ruled that name, image, and likeness contracts that college athletes submit to public universities are public records and not protected from disclosure under the Family Education Rights and Privacy Act (FERPA).

Feb 2023

California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity

Elizabeth L. Schilken

Affirming a bright line exemption for expressive works from California’s post-mortem right of publicity statute, the Court of Appeal upheld the dismissal of right of publicity claims against the Quentin Tarantino movie Once Upon a Time … in Hollywood.

Feb 2023

DC Court of Appeals Dismisses Police Union’s Fundamental Right to Privacy Claim Over Body Cam Footage

Sara Benson and Cindy Gierhart

The Court found that the growing consensus regarding a First Amendment right to record police activity in public was incompatible with the alleged fundamental information privacy right asserted by FOP.

Dec 2022

Professor Amy Gajda on Privacy and the Media and Her New Book “Seek and Hide”

Tulane Law professor, former journalist and privacy expert on the skirmishes between the press, the public, and the powerful, and the evolving boundaries of the law.

Nov 2022

Portnoy’s Complaint Dismissed

Lindsey Cherner

The Massachusetts federal court dismissed a defamation and invasion of privacy case brought by media mogul David Portnoy, which he conceded was never about winning and always about revenge.

Sep 2022

Data Security & Privacy 101

Resources exploring data security (what businesses are obligated to do in the event of a data breach, the financial implications, and best practices for responding), and data privacy ( how our patchwork of laws impacts businesses).