Practice Guide
Online Retractions and Corrections
Publishers may reduce their potential liability from defamation and other claims for original content simply by publishing corrections or retractions that respond to meritorious demands from individuals who claim to have been libeled or otherwise injured online.
Portable Electronic Devices in the Courtroom
As the use of technologies and devices continues to expand, courts have developed different approaches to news media requests to post live reports from the courtroom by means of a portable electronic device.
Net Neutrality – What’s the Fuss All About?
Protecting the Open Internet/Net Neutrality has been used as a label to encompass a wide swath of conduct and activities deemed a threat to "Internet Openness.
Link Liability – An EU/US Comparison and Guide
Generally, in the United States, the act of linking to material that is either copyrighted or defamatory does not, on its own, carry liability. In Europe, however, the analysis has recently become significantly more complex.
Who Qualifies as a Journalist Today for Legal Protections
Courts have grappled with treatment of non-traditional speakers, such as bloggers, in a variety of ways in cases dealing with First Amendment issues such as defamation suits, and reporter's privilege.
Access to Electronic or Digitized Records Held in Non-Governmental Containers
The growing body of case law on this topic has formed a fairly strong consensus view: it is the content of the email (i.e. whether it is of a purely personal nature or discusses public business) not its location) that controls whether it is deemed a public record.
Challenges and Solutions for Media Companies and Their Journalist Workforces in Harnessing the Internet’s Power While Avoiding Its Pitfalls
A report on encouraging journalist employees’ use of social media while attempting to reasonably limit that use through policies and workplace rules; and dealing with the increased frequency with which journalists are subjected to abuse and harassment due to works published online.
Using Trademarks in Expressive Works
An in-depth discussion of the main legal defenses that may enable content creators to avoid the time and expense of establishing that consumer confusion is unlikely under the applicable multi-factor test.
Legal Considerations for U.S. Media Employers Who Send Employees “Into Harm’s Way”
A media employer bears an ethical and legal burden to protect employees from foreseeable risks. The applicable law—at both the federal and state level—gives employers a blueprint for recognizing potential risk and designing effective protective measures.