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Zoom Series

Past Events
  • Thursday, October 31 at 1pm ET / 10am PT

Internet & Technology Law Committee: Tackling Disinformation in Elections and Synthetic Data

80% of democracies have voted or will vote in 2024. Join Ginny Badanes (General Manager, Microsoft Democracy Forward) & Jenni Katzman, (Senior Director, Microsoft US Government Affairs) to discuss the work Microsoft & the tech sector have undertaken to drive awareness of deepfakes & influence campaigns, align commitments for responsible AI use in elections, &…

  • Monday, October 28 at 2pm ET / 11am PT

Sports Committee Meeting

Turner Broadcasting/Warner Bros. Discovery’s lawsuit for breach of contract against the NBA for failure to adhere to the Right of First Refusal clause in the parties’ media rights agreement; & MLB Players Inc.’s lawsuits against sports betting companies regarding the improper usage of MLB players’ name, image, & likeness rights to promote online sportsbooks.

  • Tuesday, October 22 at 3pm ET / 12pm PT

Insurance Committee Meeting

Baby Reindeer case; Video sync claims; Defamation or Intellectual Property claims regarding political content; New trends and developments in insurance so far in 2024; Insurance Committee plans and committee member suggestions for the remainder of 2024.

  • Thursday, October 17 at 1pm ET / 10am PT

The New Legislative Model Designed to Limit Recording Police

The Diverse Voices, Criminal Law, and Newsgathering Committees discuss the new template for legislation states are using to pass laws designed to limit the ability to record police in public. With Grayson Clary (RCFP), Alanah Odoms (ACLU of Louisiana), & Mickey Osterreicher (NPPA).

  • Wednesday, October 2 at 1pm ET / 10am PT

How Roberts Shaped Trump’s Supreme Court Winning Streak

A discussion with New York Times reporter Adam Liptak about about how Chief Justice Roberts led the Court to the pro-Trump decision on presidential immunity and other cases.

  • Tuesday, October 1 at 1pm ET / 10am PT

Employment Law Committee Meeting

A roundtable discussion on thorny labor law related topics led by Kai Falkenberg, General Counsel at The Guardian US.

  • Monday, September 30 at 1pm ET / 10am PT

Internet & Tech Law Committee Meeting: Balancing the Risk of Disinformation

Barbara McQuade, University of Michigan Law School professor, MSNBC legal analyst, and former U.S. attorney for the Eastern District of Michigan will join us to discuss the proliferation of misinformation and disinformation and how to weigh the challenges and possible strategies for balancing the concerns of regulating the internet.

  • Wednesday, September 25 at 1 pm ET / 10 am PT

Next Gen General Body Meeting

On the Agenda: 2024 survey results; our priorities moving into 2025; and future events including upcoming panels and social events!

  • Wednesday, September 18 at 1 pm ET / 10 am PT

Media Copyright & Trademark Committee Meeting: Hachette v Internet Archive

The 2nd Circuit’s recent decision in Hachette Book Group, Inc. et al. v. Internet Archive affirmed the grant of summary judgment to 4 book publishers in their infringement suit against the Internet Archive concerning its “Free Digital Library” program.  What does it mean for the fair use doctrine, AI, & copyright law in general?

  • Monday, September 16 at 1pm ET / 10am PT

Section 230 in the Courts of Appeals: Is the Tide Turning?

Are attacks on Section 230 in Congress & the Supreme Court being superseded by the Courts of Appeals changing course on their own? How do these decisions fit with recent rulings involving upholding the 1st Amendment rights of social media platforms? With Prof. Eric Goldman (Santa Clara University School of Law).

  • Wednesday, September 4 at 1pm ET / 10am PT

AI and Political Advertising | Advertising & Legislative Affairs Committees

Lauren Feiner, senior policy reporter (The Verge), Larry Huynh, President (American Association of Political Consultants), & Kate Belinski, partner (Ballard Spahr LLP) discuss AI in political advertising, including deepfakes & the threat to elections, how campaigns are thinking about AI, & efforts by states to regulate the use & disclosure of AI in advertising.

  • Tuesday, August 27 at 1pm ET / 10am PT

Scholars Hour with Professor Jonathan Turley

Turley is the author of the new book  “The Indispensable Right: Free Speech in an Age of Rage” (Simon & Schuster) which surveys the history of speech suppression and argues that the government’s response to “rage rhetoric” poses the ultimate stress test for a system premised on free speech.

  • Wednesday, August 21 at 1 pm ET / 10 am PT

MLRC California Chapter August Meeting

Can you SLAPP an idea theft claim?  And can you really get sued for reproducing a centuries-old work of art in your own creative work?  Join the MLRC California Chapter to discuss these two hot questions. 

  • Wednesday, August 14 at 1pm ET / 10am PT

Republican & Democratic National Conventions: Election Access & Security Concerns (Part 2)

In part 2, State Legislative Affairs and Criminal Law committees will recap access to the RNC, look ahead to the DNC kicking off in Chicago on August 19, including the CPD's latest plans to handle protestors & journalists, & invite discussion on access concerns heading into the November elections. 

  • Tuesday, August 13 at 1pm ET / 10am PT

Anti-SLAPP Laws in Pennsylvania, Minnesota & Maine

On the agenda: reports on the recently enacted anti-SLAPP laws in Pennsylvania, Minnesota and Maine. All are welcome!

  • Thursday, August 8 at 1pm ET/ 10am PT

Pre-Pub / Pre-Broadcast Committee Panel: AI in the Newsroom

How newsrooms are utilizing AI right now; Possible benefits of this innovation as well as causes for concern; How newsrooms can best educate themselves about AI tools; Navigating how to disclose AI usage to the public; & how to protect journalism from outside use of AI—i.e., deepfakes, scraping, etc.

  • Wednesday, August 7 at 1pm ET / 10am PT

How Has the Media Covered the Campaign So Far

Last month contained more fast-breaking news than any month in recent memory. How did the media do in covering all the events, from the assassination attempt to Pres. Biden’s announcement that he was not running?

  • Thursday, July 25 at 1 pm ET / 10am PT

Tech Law 101

Tech Law 101 will provide a broad overview of the hottest issues right now in technology law, covering three topics: The Communications Decency Act (“CDA”) Section 230; regulation & litigation surrounding content moderation; & generative AI.  

  • Tuesday, July 23 at 12 pm ET / 9 am PT

Media Law 101: Entertainment

This presentation covers basic but important issues to be aware of in the entertainment law world, including issues relating to the use of materials subject to copyright and trademarks, the risks involving references to real people and things, how best to use and rely upon releases and disclaimers, and more.

  • Wednesday, July 17 at 1pm ET / 10am PT

Media Law 101: Newsgathering

New to newsgathering or need a refresher? This seminar addresses best practices for gathering news in public and private spaces. The presentation will touch on issues presented when working with confidential sources, reporting on social media, recording audio and video and much more!

  • Tuesday, July 16 at 2pm ET / 11am PT

Sports Committee Inaugural Meeting: Paris Olympics

Committee co-chairs Christopher Chase and Steve Smith lead a discussion about Rules 40 and 50 of the Olympic Charter (which govern sponsor’s references to “Olympic-related terms” and athletes’ rights to free expression); handling legal disputes at the Games; and U.S. arbitrations over making the team. Guest speaker: Bob Latham of Jackson Walker.

  • Friday, July 12 at 1pm ET / 10am PT

Movement Journalism

A discussion on legal and ethical concerns related to movement journalism, led by Diverse Voices committee member Samantha Hamilton.

  • Thursday, July 11 at 1pm ET / 10am PT

Media Law 101: Pre-Publication / Pre-Broadcast

A rollicking introduction to the pitfalls and joys of getting everything from investigations to celebrity news out into the world in a time of eye-popping judgments. Aimed at summer associates, junior associates, or anyone looking for a bird's eye view of our practices. We have a vetting hypothetical that will help guide our discussions.

  • Wednesday, July 10, 2024 at 1pm ET / 10am PT

Republican & Democratic National Conventions: Election Access & Security Concerns (Part 1)

Join the State Legislative Affairs and Criminal Law Committees for part one of a two-part series on access and security concerns ahead of the conventions.

  • Tuesday, July 9 at 1pm ET

Supreme Court Year in Review: From Blockbuster Decisions to Upside Down Flags

All-Star Supreme Court reporters Joan Biskupic, CNN, and Adam Liptak, New York Times, will discuss the Term’s big cases, the ongoing ethics controversies, dynamics between the Justices, public perceptions of the Court, and more.

  • Thursday, June 27 at 1pm ET

Media Law 101: Copyright

What is copyright, what is copyrightable, and how is a copyright obtained? Rights and remedies; exceptions and limitations; fair use; and copyright on the internet.

  • Wednesday, June 26 at 3pm ET / 12pm PT

Anti-SLAPP Committee Meeting

Dr. Chelsea B. Polis and her attorney Dori Hanswirth on a SLAPP suit filed against Dr. Polis in retaliation for her publicly identifying false data claims by a tech company offering birth control products; and Matt Schafer, Laura Prather and Bruce Rosen on recent SLAPP victories. All are welcome!

  • Tuesday, June 25 at 1pm ET

Public Life, Queerness, and Freedom of Speech

Attempts to regulate public displays of queerness have been on the rise throughout the country, including in the form of drag bans on university campuses, anti-LGBTQ+ local ordinances, and state legislation. Our guests will explore recent developments, historical context, and First Amendment implications of these laws and regulations.

  • Wednesday, June 12, 2024, 1pm ET

Media Law 101: Libel

A special series of Zoom calls focused on teaching the fundamentals of media law. This one-hour session is aimed at summer associates, junior associates and even veteran attorneys who are interested in learning the basics of libel law.

  • Thursday, May 30 at 1pm ET / 10am PT

Diss Tracks & Defamation: Diverse Voices & Entertainment Committees Joint Meeting

Kendrick Lamar and Drake recently released rapid fire diss tracks that became increasingly serious, including allegations of domestic violence, pedophilia, & secret children. Though unlikely, a defamation suit isn’t out of the question. Adam Rich covers the hurdles these two public figures may face if they decide to take their battle to the courtroom.

  • Wednesday, May 29, 1pm ET

TikTok, National Security & the First Amendment

Is banning TikTok obviously unconstitutional? Do national security concerns justify a ban? Is TikTok’s algorithm dangerous? Will Congress regulate other platforms? What rights do TikTok users have?

  • Tuesday, May 21 at 1 pm ET / 10am PT

Newsgathering 201

Are you a working practitioner who wants a more in-depth dive into newsgathering issues? Join the Newsgathering Committee & Kristi Ramsay (Senior Counsel, CNN) to cover hypotheticals involving ethical & legal issues that journalists face & how counsel may advise them.

  • Thursday, May 16 at 2pm ET / 11am PT

Advertising & Commercial Speech: Influencer Marketing

The importance of crafting contracts with influencers; main deal points in those transactions; & material legal, business, & regulatory issues surrounding influencer marketing. Topics include compensation, IP, contracting with SAG-AFTRA talent, & various regulatory issues. After attending this practical, nuts-and-bolts session, you’ll be better prepared to issue spot & draft & negotiate influencer agreements.  

  • Monday, May 13 at 1pm ET / 10am PT

Media Deals 201: First Look Deals – Dos & Don’t

What do you need to think about? What content is covered? How does the first look operate? When does the first look need to be exercised by? Are there set terms if the project gets made? What happens if the “buyer” passes? Plus other key things to consider when negotiating first look deals.

  • Thursday, May 9 at 1pm ET / 10am PT

Libel 201

Advanced topics facing practitioners, which may include: prepublication review challenges; important libel privileges, including fair report & common interest; neutral reportage, especially in the wake of the Dominion decision & other recent cases; libel deposition goals & strategy; & strategies for dealing with various litigation challenges, such as anonymous sources & editors notes or retractions.

  • Wednesday, May 8 at 8:30am ET / 1:30pm UK

Protecting Your Content Outside the US: Copyright and AI / ML

A panel of international intellectual property experts discuss basic rules, strategy, & practical tips with a focus on the use of copyrighted content in machine learning & AI model training. Special time to accommodate speakers in Asia, Europe, US & Canada, including Ayako Suga in Tokyo, Massimo Sterpi in Rome & Jim Holloway in Toronto.

  • Thursday, May 2 at 1pm ET / 10am PT

Campus Protests, Hate Speech & the First Amendment

Anti-Israel protests around the country & police crackdowns on protestors have college & university officials struggling to reconcile free speech, academic freedom, civility, & safety. How should this balance be struck? Should hate speech be protected or punished? Are crackdowns on campus protests censorship? Should private universities not allow disturbing speech even though it's legal?

  • Friday, April 26 at 1pm ET / 10am PT

DEI Issues in the Workplace Law Firms & Media Companies Should be Aware of

How law firm & workplace DEI programs may be impacted in the wake of the 2023 SCOTUS affirmative action decision in SFFA v. Harvard & UNC. The Diverse Voices Committee hosts a discussion reviewing recent caselaw & analyzing how employers can achieve DEI goals while mitigating against the risk of potential legal challenges.

  • Wednesday, April 24 at 12pm ET / 9am PT

Cameras-in-the-Courts: Will TV Coverage be Allowed in the Trump Trials and in New York?

This year marks the 30th anniversary of the OJ Simpson murder trial, the grand-daddy of all televised trials, and one which had a great influence on camera legislation going forward. Speakers: Kelli Sager of DWT; Chad Bowman of Ballard Spahr; Dan Novack of Penguin Random House; and Leita Walker of Ballard Spahr.

  • Thursday, April 18 at 1pm ET / 10am PT

Inside the Effort to Free Evan Gershkovich

The Wall Street Journal, Biden Administration, & international partners have been working to free him. What is the current state of those efforts? And what do we know about private and public diplomatic efforts? Plus an update on the arrest of RFE/RL Journalist Alsu Kurmasheva & Russia’s campaign of reprisal against journalists.

  • Tuesday, April 16 at 1pm ET / 10am PT

Anti-SLAPP Committee Call

Current views of anti-slapp laws from a legislative & judicial perspective: Kaitlin Wolff (ULC) on successes & failures in enacting UPEPA, Robb Harvey (Holland & Knight) on a recent effort to gut the Tennessee anti-SLAPP law, & Dana McElroy (Thomas & LoCicero) on statehouse & courthouse efforts to neuter the Florida anti-slapp law.

  • Wednesday, April 3 12-12:30pm ET / 9-9:30am PT

Why Do Deals Take So Long to Close?

(Or a therapy session) about closing deals, what holds deals up, what’s efficient, and how what we can do as an industry to improve the negotiation process. Join the Media Deals Committee for a lightning chat with panelist Ben Davis, Partner at WME.

Fito Agraz (left) and John Harper (right)
  • Wednesday, March 27 at 1pm ET / 10am PT

Recent Activities of the National Labor Relations Board (NRLB)

The NLRB is the U.S. federal agency tasked with safeguarding employees’ rights in the context of both union and non-union private workplaces. Join for a discussion on what in the world has been going on with the NLRB and the potential impact of its recent decisions on both unionized and non-unionized employers alike.

  • Wednesday, March 27 at 4pm ET / 1pm PT

Insurance Committee Meeting

Media liability insurance for authors & freelancers; insurers' invasion of the litigation funding industry & its implications for media & entertainment companies; has the media defense community lost talent to the plaintiffs side as libel & related suits have become more frequent & lucrative?; new insurance trends & developments; & more.

  • Monday, March 25 at 3pm ET / 12pm PT

California Chapter Quarterly Meeting: AI, Deepfakes, & the 1st Amendment

The publicity and copyright implications of various nascent AI technologies are a hot topic, especially as they interact with the First Amendment. Danielle Van Lier (SAG-AFTRA) and Corynne McSherry (EFF) will discuss recent developments concerning AI, digital avatars, deepfakes, and related legislative reforms. Zoom link will be provided with registration.

  • Wednesday, March 20 at 1pm ET / 10am PT

Q&A with Editor and Author Ben Smith

His recent book, Traffic, chronicles the rise and fall of Gawker and BuzzFeed as a lens into the impact of digital social networks on journalism and the political process. Ben will discuss his book, the media business landscape, media coverage of politics and more.

  • Tuesday, March 19 at 1pm ET / 10am PT

Impact of Generative AI on Media and Advertising Law

A discussion covering recent developments in generative AI technology and how it is being used within the media and advertising ecosystem; intellectual property and advertising law considerations, including copyright, right of publicity, and false advertising concerns; and contractual provisions to consider when negotiating agreements with clients, partners, and vendors that implicate generative AI technologies.

  • Wednesday, March 6 at 3pm ET / 12pm PT

Entertainment Law Committee Meeting

We are eager to be returning to our traditional format of monthly meetings to discuss notable decisions and developments in the entertainment law space. We welcome volunteers to present on any development you’d like to share with the group.

  • Monday, March 4 at 1pm ET / 10am PT

Media Deals Committee Meeting

A forum on the interaction between deal-making and documentary production.

  • Thursday, February 29 at 1pm ET / 10am PT

The Supreme Court Hears NetChoice

Counsel for amici will review Monday’s oral arguments in NetChoice v. Paxton and Moody v. NetChoice, the blockbuster social media cases over state attempts to restrict platforms’ content moderation practices. We’ll discuss how the various amici see the arguments and what if anything we can glean about the justices’ respective positions.

  • Thursday, February 22 at 1pm ET / 10am PT

The PRESS Act: What’s In It, and Will It Finally Pass?

A Federal Shield Law is on the verge of being passed by Congress. What are its terms, and how effectively will it protect journalists? What are the legislative hurdles it faces, and what are the chances of success? After almost 20 years of trying, will we finally get a federally enacted reporters’ privilege?

  • Wednesday, February 21 at 1pm ET / 10am PT

Two Crazy Defamation Trials: How High Can Punitive Damages Verdicts Go?

A jury awarded $5M in compensatory damages & $20M in punitives against The Oklahoman. In the Michael Mann libel case, a jury awarded $1 in compensatory damages against each of two writers, then awarded $1M in punitives to plaintiff & against one of the writers. Are punitives more than one million times compensatories defensible?

  • Tuesday, February 20 at 1pm ET / 10am PT

The Search Warrant Response “Playbook”

In the wake of recent law enforcement raids on the Marion County Record and the home of freelance journalist Brian Carmody, please join the MLRC Criminal Law Committee for a discussion on how to respond when news clients are served with a search warrant.

  • Tuesday, February 13 at 11:00am ET / 8:00am PT

International Anti-SLAPP Developments

Please join us for a special 90 minute joint meeting of the MLRC International and anti-SLAPP committees on international anti-SLAPP developments.

  • Thursday, January 25 at 1pm ET / 10am PT

Data Privacy: Tips Following a Data Breach to Best Position Yourself in the Event of Litigation

Presenters talk through a few decisions that are either expedited or overlooked during the chaos that follows a data incident, and the need to thoughtfully consider the impact of those decisions based on the effect they could have on ensuing litigation.

  • Wednesday, January 17 at 1pm ET / 10am PT

Litigation/Internet & Technology: Large Litigation Models? A Discussion of Generative AI Issues

The status of litigations over the unauthorized use of content to train generative AI models; the copyrightability of the output of generative AI tools and potential right of publicity issues arising from those outputs; & the use of generative AI by lawyers in litigation and rules and guidance from the courts.

  • Wednesday, January 10 at 1pm ET / 10am PT

State Legislative Committee Meeting

Committee chair Brian Spahn updates the Committee on legislative updates in Wisconsin regarding proposed anti-SLAPP legislation as well as developments in the state’s public records law. We will use the balance of the time to brainstorm topics that members hope to address at upcoming meetings as well as hear from any of you who would…

  • Wednesday, January 10 at 1pm ET / 10am PT

“State of Silence: The Espionage Act and the Rise of America’s Secrecy Regime”

A discussion with Sam Lebovic, author of the new above-titled book and a professor at George Mason University, and Amy Davidson Sorkin, a staff writer at The New Yorker who wrote a recent article there about the Espionage Act.

  • December 2023

Free Speech on Campus

The recent rash of demonstrations and hate speech arising from the Israel-Hamas war has left college and university administrations struggling to reconcile free speech and academic freedom with maintaining civility on campus and freedom from harassment. How should this balance be struck? Is the only choice to censor or not to censor, or are there…

  • December 2023

SAG-AFTRA Lightning Round Part 3: What the Actors Won (and Didn’t Get)

The WGA & SAG-AFTRA strikes are over! Jonathan Handel, Puck contributor, Senior Counsel at Feig/Finkel & preeminent expert on Hollywood unions and guilds, joins for a 3rd lightening round on what the actors won (and didn’t get), which changes most impact studios/platforms (and the lawyers representing them/drafting their deals), and where things landed on AI.

  • December 2023

Brian Stelter’s New Book “Network of Lies,” and Dominion v. Fox

Brian Stelter, former media correspondent of CNN and the New York Times talks about his book "Network of Lies: The Epic Saga of Fox News, Donald Trump, and the Battle of American Democracy." We discuss primarily the Dominion v. Fox chapters. Megan Meier (Meier Watkins Phillips Pusch), who represented Dominion, joins us as well.

  • December 2023

Insurance Committee Fifth Annual Virtual Holiday Party

Bring your own holiday cheer and treats to enjoy at our Virtual Holiday Party. The meeting includes an update on the Metaverse (has it been overshadowed by AI and ChatGPT?) as well as open discussion of important decisions and developments in insurance coverage law in 2023, predictions on what 2024 will bring, and more!

  • December 2023

Cross-Border Vetting

The International Committee reprises its annual lively and informative discussion of global pre-publication review. Co-chairs Katharine Larsen of Thomson Reuters and Pia Sarma of News UK host discussion with Bloomberg’s Katie Graham among others.

  • December 2023

A Holiday Gathering and Forecast for 2024: The Top 10 Probable Internet and Technology Issues in the Coming Year

The Internet and Technology Committee hosts its informal holiday gathering. Together, we cast our gaze on the future, including a discussion of the most likely internet and tech headlines coming in 2024.

  • December 2023

10 Issues That Keep Employment Lawyers Up at Night 2023-24 Edition

The Employment Committee informally discusses "10 Issues that Keep Employment Lawyers Up at Night," reflects on 2023 and the Committee’s programming, and discusses what the Committee hopes to do in 2024, with member feedback and participation

  • December 2023

Anti-SLAPP Committee Meeting

We’re focusing on potential anti-SLAPP legislation in 4 states: Arizona (Gregg Leslie, ASU Law School's First Amendment Clinic), Mississippi (Andrew Coffman, Phelps Dunbar), Wisconsin (Brian Spahn, Godfrey & Kahn) and Vermont (Matt Byrne, Gravel & Shea).

  • December 2023

Ethical Standards for Visual Journalism and Documentary Photography in an Age of AI & Misinformation

Journalists and news organizations struggle to keep up with the exponential increase in technological advancements during a war of dueling narratives. This is a very timely discussion about ethical standards for visual journalism and documentary photography in an age of AI & misinformation. With Fred Ritchin and Brian Palmer. Moderator: Mickey Osterreicher.

  • December 2023

The Cancelling of the American Mind

A discussion with Greg Lukianoff, president of the Foundation for Individual Rights and Expression (FIRE), and Aaron Terr, FIRE’s Director of Public Advocacy, about Greg’s new book The Canceling of the American Mind: Cancel Culture Undermines Trust and Threatens Us All—But There Is a Solution.

  • November 2023

Marty Baron on Journalism, Ethics and his Career

A discussion with the former editor of the Washington Post, Boston Globe and Miami Herald, about his recently published book Collision of Power: Trump, Bezos and the Washington Post.

  • November 2023

Insurance Committee Meeting

Chad Milton, Media Risk LLC will speak about his work on a legal defense fund for global investigative news organizations. Mike Hiestand, Student Press Law Center will brief us about his recent work with the growing number of college-based community reporting projects where college student journalists are taking on roles vacated by traditional media.

  • November 2023

Pre-publication policies & practices with a Diversity, Equity, and Inclusion (DEI) focus

Join the Pre-Pub/Pre-Broadcast & Diverse Voices Committees for a discussion on pre-publication policies and practices with a Diversity, Equity, and Inclusion (DEI) focus. Are there unique considerations when considering pre-publication through a DEI lens? What are the best practices?

  • November 2023

The New York Times and the Nation’s Newspapers: Past, Present and Future

A discussion with Adam Nagourney, national political reporter for the New York Times and author of the recently published book “The Times: How the Newspaper of Record Survived Scandal, Scorn and the Transformation of Journalism.”

  • November 2023

Hot Issues in Copyright and Trademark Law

Building on the Copyright Hot Issues session at the MLRC Virginia Conference, the Copyright & Trademark Committee looks forward to a discussion on topical matters, including the implications of Goldsmith v. Warhol for fair use, application of the discovery rule in the context of copyright claims, and the Copyright Claims Board.

  • November 2023

Media Coverage of the Israel-Hamas Conflict: A Plethora of Journalistic Issues

A discussion of the many journalistic questions already raised by coverage of the War. With Holly Rosenkrantz, World, Supreme Court and Justice Department Editor at USA TODAY; Brian Stelter, special correspondent, Vanity Fair, former media correspondent, CNN and The New York Times; and Robert Corn-Revere, Chief Counsel FIRE.

  • November 2023

NextGen General Body Meeting

We used this time to touch base on our mentorship program and solicit any feedback. We also previewed exciting events for the end of this year, including a Next Gen meet-and-greet at the MLRC Annual Dinner, the Defense Counsel Section Lunch as well as a planned AI Clinic.

  • October 2023

The Rise in Book Bans & the Lawyers Fighting Back

Attempts to restrict and ban speech are nothing new, but the past few years have seen a marked uptick in efforts to censor books, particularly books treating LGBTQ issues, sex and abortion, and race. Three attorneys arguing cases against school and library restrictions on books in different states discuss their litigations attempting to fight back.

  • October 2023

Q&A with Kashmir Hill about her new book Your Face Belongs to Us

The new best-seller by New York Times tech reporter Kashmir Hill documents the rise of Clearview AI and its groundbreaking facial recognition technology. Is it the ultimate government surveillance tool? Will it end privacy as we know it? Can it be regulated?

  • October 2023

Instructing Lawyers Around the World: How to Find International Help When You Really Need It

Choosing and engaging with counsel in other countries can present special challenges. Please join the International Media Law Committee and MLRC deputy director Dave Heller for a discussion of how to cope, and the MLRC resources available to help. Tapping Dave’s store of contacts and recommendations from international conferences and MLRC members can be invaluable.

  • October 2023

Data Privacy Committee

The program will explore how the current data privacy regulatory framework impacts AI, discuss new initiatives on the horizon including the EU's AI Act, and review some frameworks in place to evaluate AI. With David Zetoony and Reena Bajowala of Greenberg Traurig's Data Privacy & Cybersecurity practice.

  • October 2023

WGA Strike: What the Writers Won & What’s Next?

Join the Media Deals committee and Jonathan Handel, Puck contributor, Senior Counsel at Feig/Finkel and a preeminent expert on Hollywood unions and guilds for a lightening round on what the WGA won, what it means for the studios/platforms (and the lawyers representing them/drafting their deals), and where the SAG negotiations stand.

  • October 2023

The Nevada Shield Law Decision

In a first-of-its-kind decision, the Nevada Supreme Court has ruled that police are prohibited from searching through privileged newsgathering material on the seized electronic devices of deceased Las Vegas Review-Journal reporter Jeff German. Join the Criminal Law Committee to hear from four of the lawyers involved in this year-long battle.

  • October 2023

Supreme Court Preview

Cases ranging from 1st Amendment restraints on public officials’ social media activity, the constitutionality of the government denying registration of a trademark critical of a public official, & whether content moderation restrictions survive 1st Amendment scrutiny. Discussion with Chris Geidner, Law Dork and Paul Smith, Georgetown Law. Moderated by Matthew Schafer, Paramount Global.

  • October 2023

Anti-SLAPP Committee Meeting

Mike Berry (Ballard Spahr), will discuss PA's recently passed UPEPA bill. Will Creeley (FIRE) will discuss FIRE’s free-speech goals and how they intersect with anti-SLAPP protections. Matt Leish will discuss a recent anti-SLAPP fee award in the Golan v. Daily News case. And Laura Prather will provide an update on UPEPA enactments and international developments.

  • September 2023

Evolving AI Compliance Considerations for Media Employers

Join the Employment Law Committee for a moderated, interactive discussion regarding AI and privacy developments for employers already using or contemplating the use of automated tools in the employment lifecycle. We'll explore best practices and strategies.

  • August 2023

Back to the Future: Kids and the Internet

It's 1996 all over again. Congress charging ahead with sweeping legislation intended to protect kids online; State legislatures enacting strict limitations on the ability of minors to use the internet. Critics say these measures violate the 1st Amendment, impair privacy rights, and will harm kids; but has the landscape changed meaningfully since Reno v. ACLU?

  • August 2023

The Marion County Record Raid

The execution of a search and seizure warrant against Kansas newspaper the Marion County Record, leading to the death of the 98-year-old co-owner, and the legal issues arising out of the raid. With Max Kautsch (Kansas Press Association), Gabe Rottman (RCFP), and counsel for the Marion County Record, Bernie Rhodes (Lathrop GPM).

  • August 2023

The Trump Cases and the First Amendment

A discussion of the First Amendment aspects of the various Trump prosecutions, including his apparent free speech defenses in the federal indictment, arguments over gag orders, and the cameras-in-the-courts question.

  • August 2023

Anti-SLAPP Committee Meeting

On the agenda: report on NJ UPEPA bill (Bruce Rosen); report on MA anti-SLAPP bill (Jeff Pyle); recent KS anti-SLAPP victory (Eric Weslander); Park v. Nazari - recent CA case about notices of motion and whether court can/will grant an anti-SLAPP motion as to portions of causes of action (Jordyn Ostroff). All are welcome!

  • August 2023

Media Law 101: Pre-Pub / Pre-Broadcast

Our review of the Pre-Pub/Pre-Broadcast basics focuses on a vetting hypothetical. We analyze: defamation vetting (including fair report privilege and opinion); privacy/risk of publicity vetting (specifically, reporting on private facts or minors); & newsgathering issues that arise in the pre-pub/pre-broadcast process (such as recording laws and obtaining sensitive information).

  • July 2023

Untraditional Platforms: Infotainment and the Connected Vehicle

The recent example of Tesla’s in-vehicle gaming system surviving regulatory scrutiny & ongoing discussions about virtual assistants in the car show that the cross-over between media tech & vehicle tech are only beginning. The Internet & Technology committee invites a panel of infotainment & vehicle technology experts to discuss where this cross-over may lead.

  • July 2023

Media Law 101: Entertainment

This one hour presentation will cover basic but important issues to be aware of in the entertainment law world, including issues relating to the use of materials subject to copyright and trademarks, the risks involving references to real people and things, how best to use and rely upon releases and disclaimers, and more.

  • July 2023

Hollywood on Hold: Everything You Want to Know about the WGA and SAG-AFTRA Strikes

For the first time since 1960, Hollywood writers and actors are striking at the same time. Join Jonathan Handel, Puck contributor, entertainment attorney and preeminent expert on Hollywood unions and guilds for answers to your most pressing questions.

  • July 2023

Media Law 101: Advertising & Commercial Speech

1st Amendment protection of commercial speech and regulation under right of publicity laws; Speech that toes the line between editorial and commercial, including when it is deemed native advertising or influencer marketing and subject to FTC jurisdiction; key principles underlying the laws governing sweepstakes and contests and best practices for navigating such promotions.

  • July 2023

Missouri v. Biden and Government Jawboning

What kind of pressure has the government been putting on platforms, and when does such jawboning violate the First Amendment?

  • July 2023

Media Law 101: Newsgathering

New to newsgathering or need a refresher? Join the MLRC for “Newsgathering 101” presented by the Newsgathering Committee for an overview of the newsgathering process. This seminar addresses best practices for gathering news in public and private spaces.

  • July 2023

Sex, Lies and Defamation

Roberta Kaplan, who successfully represented E. Jean Carroll in her sex abuse and defamation case against Donald Trump, discusses the trial and ongoing litigation against the former President.

  • July 2023

Web Designs, Free Expression and Discrimination: A Look at 303 Creative v. Elenis

A discussion about the recently decided SCOTUS case with Professors David Cole and Richard Epstein. Does a web designer engage in expressive speech? Does that give her immunity from the anti-discrimination laws? How to balance the interest in free speech with the interest against discrimination? Or was this a religion case?

  • July 2023

Media Law 101: Copyright (or Copyright Law in One Easy Lesson)

What is copyright? What is copyrightable? How do you get a copyright? What remedies are there for copyright infringement? What exceptions and limitations are there on copyright rights? What is fair use and what did the Supreme Court do with it in Warhol Foundation v. Goldsmith (2023)? Copyright on the Internet.

  • June 2023

Media Access to the Trump Indictments

Cameras and devices, or…pay phones and high school students? With Trump indictments announced in New York and Florida, and possible indictments in Georgia and D.C., please join the State Legislative Affairs and Criminal Law committees to discuss rules on access in these jurisdictions, experiences of journalists on the ground, and anticipated access fights to come.

  • June 2023

Media Law 101: Libel & Privacy

The MLRC is pleased to announce a special series of 101 Zoom calls this summer, focused on teaching the fundamentals of various discrete areas in media law. This one-hour session is aimed at summer associates, junior associates and even veteran media attorneys who are interested in learning the basics of libel law.

  • Monday, June 26 at 11 am ET / 8am PT

International Committee: UK Online Safety Bill & EU Digital Services Act

David Barker and Meghan Higgins of Pinsent Masons provide an overview of the UK’s Online Safety Bill with a particular focus on the provisions applicable to the media. Dorien Verhulst of Brinkhof explains how the EU’s Digital Service Act will change online content moderation.

  • June 2023

Copyright & Trademark: Practical Realities & Protecting Your Content in an AI World

Generative AI is a big deal — and it's here to stay. Our journalists are all reporting on this topic, and everyone wants to find ways of using AI in their businesses. Please join us for a conversation and practical steps that we can take to protect our content and our ability to monetize it.

  • June 2023

Insurance Committee’s 2nd Quarter Meeting

Open Discussion: Fox's settlement of Dominion Voting System's defamation suit; emerging trends and new developments; Inflation, Climate Change and AI, oh my!; & How are mid-year renewals going?

  • June 2023

Anti-SLAPP Committee Meeting

OK & TX avoided catastrophic changes to their Citizens Protection Act laws; UT's adoption of UPEPA; NJ's anti-SLAPP bill; a May 1 decision by CA Court of Appeal that raises questions on the scope of anti-SLAPP protection under the “public interest” provision; Resolute v. Greenpeace - a SLAPP resolved in Greenpeace’s favor after 7 years.

  • June 2023

Australia’s Libel Trial of the Century: Ben Roberts-Smith v. Fairfax Media

Joining us from Australia, Peter Bartlett, Minter Ellison, discusses the judgment in his grueling five-year legal battle pitting three newspapers against Ben Roberts-Smith, the decorated war hero – and broadcast media executive – accused of committing war crimes in Afghanistan.

  • May 2023

Media Law 201: Pre-Pub/Pre-Broadcast

The MLRC Pre-Pub/Pre-Broadcast Committee's 201 series focuses on unsealing motions. The session will cover the mechanics of when, why, and how to file a successful unsealing motion, accompanied by high-profile lessons from the field, such as the Trump indictment hearing.

  • May 2023

State Privacy and Freedom of Information Laws and Newsgathering Concerns

Frank LoMonte, (Counsel, CNN), and Micah Ratner, (Senior Asst. GC, NPR) join the State Legislative Affairs, Privacy, and Newsgathering committees in a discussion about the rise in state laws that indirectly threaten newsgathering and even publishing activities, including those aimed at protecting personal privacy and curbing freedom of information “auditors.”

  • May 2023

A Wild Thursday at the Supreme Court

Last Thursday morning saw the Court drop major opinions on copyright fair use and platform liability in Warhol Foundation v. Goldsmith, Twitter v. Taamneh, and Gonzalez v. Google. We discuss first impressions and potential fallout from these decisions for MLRC members.

  • May 2023

Media Law 201: Data Privacy

This session takes a deeper dive into the current landscape of data privacy laws and regulations across the United States at the state and federal level.

  • May 2023

Media Law 201: Copyright and Trademark

Join Moses Singer attorney David Rabinowitz as he presents Copyright 201. The session will cover Ownership (registration of copyright, including troll defense; notice of copyright; termination of transfers) and Disputes (notice and take-down; remedies; statute of limitations).

  • May 2023

Knock Knock: Practical and Legal Considerations Before Door Knocking

Join the MLRC Newsgathering Committee's Vice Chair, Merriam Mikhail, for an important panel discussion with CNN correspondent Omar Jimenez and legal experts about the considerations that newsrooms should weigh before journalists knock on a door to ask for an interview.

  • May 2023

Media Law 201: Entertainment Law

A discussion aimed at media attorneys wishing to become more knowledgeable in areas of media law in which they have some familiarity but are not already experts.

  • May 2023

Writers Guild of America Strike Discussion

Join the Employment Committee for a discussion on the Writers Guild of America strike. Angel Ortiz, Associate General Counsel and Global Head, Employment and Labor Relations at TelevisaUnivision will lead our discussion, taking us through the current status, highlighting some of the most relevant issues, impacts and concerns.

  • May 2023

Drafting Clinic with Media Deals & Next Gen Committees

Got an extensive redline back on a major A-list celebrity’s appearance release for your streamer client’s upcoming game show? Strong disagreement between your client producing a new podcast and the commissioning podcast network on how your client will be attached to film/tv derivatives? Join us for a practical walk-through of how to address these issues.

  • May 2023

Florida and the First Amendment: DeSantis and the Florida Follies

With Rachel Fugate, Shullman Fugate; Dave Wilson, Miami Herald; and our own Lynn Carrillo.

  • May 2023

Governance and Ethical Considerations in Generative AI

Hear from Andy Hall, Professor of Political Economics at Stanford University’s Graduate School of Business, on potential governance models, ethical considerations, and industry trends and predictions around the growing field of generative AI.

  • May 2023

Scholars Hour: Danielle Citron, University of Virginia Law School

A MacArthur fellow and distinguished professor of law at the University of Virginia, Professor Citron is one of America’s foremost privacy law scholars and an advocate for “intimate privacy” as a new civil right.

  • May 2023

Artificial Intelligence, Journalism & the Law

Professors Eugene Volokh (UCLA Law) and Nicholas Diakopoulos (Northwestern) join us to discuss their research in this area.

  • April 2023

Message in a Bottle: Jack Daniel’s, Bad Spaniels & the First Amendment

A discussion with two advocates who were involved in the Jack Daniel’s dog toy trademark case, argued last month in the Supreme Court. With Susan Kohlmann, Jenner & Block (submitted an amicus brief for the Motion Picture Association) and Megan Bannigan, Debevoise & Plimpton (submitted an amicus brief for intellectual property professors).

  • April 2023

Dominion v. Fox: Settlement – What Does It Mean?

A town-hall meeting among members to discuss the ramifications of the case — the settlement, the legal rulings, the evidence, and more.

  • April 2023

Defend, Indemnify & Hold Harmless, Oh My!

Indemnification and other boilerplate clauses like force majeure and effect of termination may not feel like the sexiest parts of a contract, but they can have very real implications.

  • April 2023

Vetting Docudramas – Pre-Pub / Pre-Broadcast & Entertainment Committees Joint Meeting

Mechanics of vetting docudramas. Covering a trove of topics such as: the main legal issues to spot; the role of securing life rights/other waivers; the choice to fictionalize certain characters/create composite characters; defending against libel-in-fiction & right-of-publicity claims; the role of disclaimers; & how much protection the 1st Amendment provides to creative or satirical content.

  • April 2023

Anti-SLAPP Committee Meeting

We will have three speakers addressing three current anti-SLAPP issues.

  • March 2023

Pay Transparency Laws: What Media Employers Should Know and Best Practices & Strategies for Compliance

Several states have implemented pay transparency laws that have gone into effect within the past year. Join the Employment Law Committee for a panel discussion on the implementation of recent pay transparency laws, the impact these laws are having on employers and employees, and best practices and strategies for media employers.

  • March 2023

Access to Grand Jury Proceedings and Other High-Profile Criminal Cases

Join the Criminal Law Committee for a discussion of access efforts in recent high-profile criminal cases.

  • March 2023

The First Amendment and Criminalizing Speech

The Supreme Court and Circuit Courts are considering cases that raise thorny doctrinal questions about the boundaries between crime and the First Amendment, including Counterman v. Colorado regarding whether defendant’s Facebook posts constituted “true threats.” Will the Court clearly define “true threats?” What are the implications for criminalizing speech in other contexts, such as defamation?

  • Monday, February 27 at 1pm ET / 10am PT

Joint Advertising & Commercial Speech and Data Privacy Committee Meeting

Join us for a discussion — with IAB and IAB Tech Lab’s General Counsel Michael Hahn, and IAB’s Assistant General Counsel Tony Ficarrotta — of the MSPA and the industry compliance challenges it addresses.

  • February 2023

The Arguments in Gonzalez v. Google

Analysis of the Feb. 21 oral arguments in Gonzalez v. Google, the blockbuster case in which the Supreme Court will, for the first time, consider the scope of Section 230’s protection. Speakers are all amicus counsel in the case and discuss the arguments and the justices’ responses from the viewpoints of their respective clients.

  • February 2023

Embedding Back Before the Ninth Circuit / Trump v. Woodward” Frivolous or Fair?

The 9th Circuit heard oral argument this week in Hunley v. Instagram on whether to limit or overrule Perfect 10 and the “server test.” A panel of experts discuss. Plus, Copyrights in Interviews: Is Trump’s complaint against Woodard a frivolous lawsuit? What case law exists on claims between interviewer and interviewee?

  • February 2023

Anti-SLAPP committee meeting

Matt Leish of Miller Korzenik on SLAPP case, Golan v. Daily News; Matt Schafer of Paramount Global & Tanvi Valsangikar of Penguin Random House on their article “The Application of the New York Anti-SLAPP Scheme in Federal Court”; & Marc Randazza, on SD 2094, an anti-SLAPP bill introduced recently in the Massachusetts legislature.

  • January 2023

Insurance Committee meeting

Featuring two panels: 2022 Media and Entertainment Claims Review and Trends, and 2022 Underwriting & Market Conditions Review.

  • January 2023

Internet & Technology Committee meeting

The Internet & Technology Law Committee's first meeting of 2023 discussing generative AI with Joyce Li of Morrison Foerster. An overview of what the technology is, the major players and some of the ethical and legal issues that have arisen.

  • January 2023

Next Gen Committee: Copyright Clinic

The Clinic is led by Caleb Donaldson from Google, who takes us through a mock exercise involving apps and content. The clinic covers intermediary liability, terms of service, and fair use.

  • January 2023

Twitter and What Comes Next

We talk about where things stand at Twitter and practical and legal issues for those considering transitioning to alternative platforms.

  • December 2022

Next-Generation AI Tools: Legal and Ethical Challenges

The newest AI-based tools for content generation can create photorealistic images based on text descriptions, compose poetry, deceive humans playing Diplomacy, and even generate code. But their output is based on the work of humans, raising thorny copyright and privacy issues while reflecting very human flaws and biases.

  • December 2022

Insurance Committee Meeting & Virtual Holiday Party

The Metaverse and the exposures it will pose to media and entertainment companies and their insurers; important decisions & developments in insurance coverage law; predictions for 2023; committee results from 2022 and plans for 2023.

  • December 2022

Advertising & Commercial Speech Committee Meeting

An overview of the ad tech industry, followed by a deep dive into the new U.S. privacy state laws that will regulate it, presented by Fernando Bohorquez Jr. (Partner, BakerHostetler).

  • December 2022

Employment Law Committee Meeting

(5) Hot Topics in employment law that are relevant to media employers as we look to 2023.

  • December 2022

Free Speech, Same Sex Weddings, and Public Accommodation Law Back at the Supreme Court

Adam Liptak, New York Times; and Professor Mary-Rose Papandrea, UNC Law School, discuss the Supreme Court argument in 303 Creative v. Elenis, where a website designer claims a First Amendment right to refuse designing websites for same-sex weddings.

  • December 2022

Next Gen Q2 General Body Meeting

On the agenda: updates on our programs; future clinics and social events; and time permitting, time to break out into small groups.

  • December 2022

Joint Litigation and Media Copyright Committee Meeting

A discussion of when a claim “accrues” under the Copyright Act’s 3-year statute of limitations and what constitutes discovery and republication for purposes of the statute of limitations.

  • December 2022

Int’l Committee: Back by Popular Demand — Cross Border Vetting

Join the BBC’s David Attfield, Bloomberg’s Katie Graham, Dow Jones’ Jake Goldstein, the New York Times’ Dana Green and Reuters’ Julia Atcherley for a lively discussion of global pre-publication review.

  • December 2022

Anti-SLAPP Committee Meeting

Presentations on: the Colorado Court of Appeals anti-SLAPP case L.S.S. v. S.A.P.; Legal Network for Journalists at Risk; Jha v. Khan, the first UPEPA appellate decision in the United States, issued by Washington’s Court of Appeals; and the UK Model Anti-SLAPP law.

  • November 2022

How Well Did the Media Cover the Midterm Elections?

With Catherine Lucey, White House reporter, The Wall Street Journal; Erik Wemple, media critic, Washington Post; and Aaron Zitner, reporter and former national political editor, The Wall Street Journal.

  • November 2022

Employment Law Committee Meeting

We will catch up with one another, meet new members, and discuss recent employment law issues that have arisen, such as the recent U.S. Labor Department worker status proposal and any other hot topics our members are seeing and want to share with the Committee. We also look forward to hearing your ideas on topics…

  • October 2022

Search Warrant for Las Vegas Murdered Reporter’s Journalistic Devices and Sources

Can shield law protection be given to a deceased journalist? Can a newspaper assert the reporter’s privilege? Where does the case stand, and what are the Las Vegas Review-Journal's arguments?

  • October 2022

Insurance Committee Meeting

MLRC's Insurance Committee meeting from Tuesday, October 25th at 3pm ET/ 12pm PT.

  • October 2022

Fair Use at the Supreme Court

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith has crystallized the debate about whether the transformative use doctrine of fair use has been taken too far. Our speakers, who all filed amicus briefs in the case, discuss how the parties and the justices approached this critical issue.

  • October 2022

Pre-Pub/Pre-Broadcast: Vetting True Crime

We are joined by two wonderful guest speakers: David Sternbach, Senior Vice President of Content, Production & Risk at A+E Networks and Alison Schary, counsel at Davis Wright Tremaine LLP.

  • October 2022

International Committee Meeting: News Remuneration Efforts in the US and Abroad

The latest developments in remuneration for news organizations, vis-à-vis Big Tech, across various countries, including France, Canada, Australia, England and the US.

  • September 2022

The Fifth Circuit Rules in NetChoice v. Paxton

We speak with Professor Alan Rozenshtein of the University of Minnesota Law School about the widespread condemnation of the Fifth Circuit opinion, whether that reaction is entirely justified, and what comes next in the case.

  • September 2022

Internet & Technology Law Committee Meeting

Please join the MLRC Internet & Technology Law Committee virtually for an in-depth review of the Dobbs v Jackson decision and its implications, particularly for technology companies.

  • September 2022

Free Speech and Digital Privacy After Roe v. Wade

We discuss what’s happened since the fall of Roe, the measures that Congress and tech companies are exploring to protect the privacy of women’s speech and data, and what the First Amendment has to say about all of this.

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  • September 2022

Newsgathering Committee Meeting: The Use of Drones

The session will feature Committee Co-Chair Mickey Osterreicher speaking with Kerry Fleming, Manager of the FAA System Operations Support Center, and John Meehan, the FAA's Public Safety Liaison with the FAA’s Office of UAS Integration.

  • August 2022

The Trump Mar-a-Lago Search: Access, Espionage & Videotapes

With Chuck Tobin, Ballard Spahr, who argued the motion for the media coalition; Katelyn Polantz, CNN Justice and crime reporter; and Mark Zaid, national security law expert.

  • August 2022

Data Privacy & Security Committee Meeting: Demystifying Tech—Apps!

Tyler Thompson of Greenberg Traurig will discuss mobile app compliance requirements (spoiler alert – there are many!). New requirements from Apple and Google will be discussed, as well as other mobile app regulatory concerns and best practices.

  • August 2022

The Rise in Book Bans—and How to Fight Back

Dave Eggers, whose novel “The Circle” was recently pulled from public schools in South Dakota; Kelly Denson, who tracks and analyzes bans for the Association of American Publishers; and DWT attorney/author Bob Corn-Revere explores recent developments, historical context, and steps First Amendment advocates can take to fight back.

  • August 2022

Interview with Katy Tur

A discussion with Katy Tur, anchor on MSNBC, about her new book, Rough Draft.

  • August 2022

Entertainment Law 101

Our final Media Law 101 of the summer!

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  • August 2022

Anti-SLAPP Committee Meeting

The committee meets bimonthly and focuses its attention on recent SLAPP rulings, the progress of new anti-SLAPP bills in state legislatures without strong SLAPP legislation, possible model SLAPP statutes, and advice and counsel on securing federal anti-SLAPP protections.

  • August 2022

Libel Plaintiff Litigation Funding: Getting Behind the Curtain

An exploration of lawsuits funded by third parties—why it matters, how to find out who's behind the funding, its effect on settlement efforts, and more.

  • August 2022

Media Deals Committee Meeting

Join the Media Deals Committee for a “Media Acquisitions 101” session with Trevor Norwitz, a partner in the corporate department at Wachtell, Lipton, Rosen & Katz, to discuss the basics media that are helpful to know for entertainment & media counsel (even when relying on corporate outside or co-counsel).

  • July 2022

January 6th Hearings: Judge Michael Luttig

Former Fourth Circuit Judge Michael Luttig discusses the House Select Committee hearings, the constitutional issues surrounding efforts to prosecute Trump for speech related crimes or other malfeasance, and the state of our democracy.

  • July 2022

Media Law 101: Internet / Section 230 / DMCA

Learn more about how Section 230 of the Communications Decency Act and the Digital Millennium Copyright Act prevent internet service providers from being held responsible for content posted by their users.

  • July 2022

Ken Auletta on Harvey Weinstein – Sexual Predation and Hollywood Power

A discussion with Ken Auletta, The New Yorker’s Media Reporter for decades and author of a just-released, vivid biography of Harvey Weinstein.

  • July 2022

FTC’s Proposed Endorsement Guidance

Moderated by Nancy Felsten, Davis Wright Tremaine. With Serena Viswanathan, Associate Director for Advertising Practices at the FTC, and Laura Brett, Vice President, National Advertising Division at BBB National Programs.

  • July 2022

Media Law 101: Newsgathering

This 101 presented by Edward Fenno and Eric Robinson addresses access to record, courts, and government meetings; other access issues such as access to private property, drones & police bodycams; source confidentiality; receiving documents from leakers and more.

  • July 2022

Copyright 101, or Copyright Law and Fair Use in One Easy Lesson

What is copyright? What is copyrightable? What remedies are there for copyright infringement? What exceptions and limitations are there on copyright rights? What is a fair use?

  • June 2022

Insurance Committee Meeting

Primer on insurance; "Top 10" insurance issues noninsurance lawyers should know; recent changes to New York State's Insurance Disclosure Law; and more.

  • June 2022

Media Law 101: Pre-Publication / Pre-Broadcast

This workshop is structured as issue spotting around hypotheticals, identifying potential legal pitfalls that arise in the reporting process, including defamation, privacy, newsgathering, right of publicity and recording laws.

  • June 2022

The Uvalde Massacre: Media Coverage, Access Hurdles and Ethical Questions

A discussion about local and national media coverage of the Uvalde shootings and similar mass tragedies with Kelly McBride, Senior VP for Ethics and Leadership, Poynter Institute and Marc Duvoisin, Editor-in-Chief and VP, San Antonio Express-News.

  • June 2022

Copyright & Trademark Committee Meeting

A discussion of the new Copyright Claims Board with Copyright Claims Officer, Brad Newberg, The Andy Warhol Foundation For The Visual Arts, Inc. v. Goldsmith, and whether to remove “old” material from websites based on developments and uncertainty in the law.

  • June 2022

Media Law 101: Libel

This session covers what the plaintiff has to prove in a libel case, defenses that you might have under the First Amendment and common law, the differences in defending cases brought by public and private figures, and the effect of corrections, denials, implications of fact, and using anonymous sources.

  • June 2022

Hot Takes: Social Media Regulation, Section 230 and the Tech World

We invite you to join the Technology and Internet Law Committee as we welcome speakers who are no strangers to challenging issues in digital law to take us through breaking developments.

  • June 2022

International Developments in Anti-SLAPP Laws

Join the Anti-SLAPP and International committees as we discuss international developments in Anti-SLAPP laws, including a discussion of progress in Canada, the EU, and the UK.

  • June 2022

Exposing R. Kelly: Jim DeRogatis on His Decades-Long Journey

Legendary music journalist Jim DeRogatis began publishing accusations of R. Kelly’s sexual relationships with underage girls in 2000. Two years later, he broke the story of the incriminating sex tape that would lead to Kelly’s first court case.

  • May 2022

Depp v. Heard Defamation Trial: Part II

With Chuck Tobin, Ballard Spahr; Matthew Barakat, Associated Press; Julia Jacobs, New York Times (invited).

  • May 2022

Data Privacy and Security Committee Meeting: Blockchain and NFTs: Under the Hood

In this program, “NFT IP Pioneer” Jeremy S. Goldman from Frankfurt Kurnit Klein + Selz PC will go under the hood of the Web3 ecosystem, showing how blockchain, smart contracts, NFTs, online marketplaces, digital wallets, and the Web3 community operate, transact and communicate.

  • May 2022

Entertainment Committee Meeting

We will hear from litigators involved in key developments in entertainment law over the last few weeks.

  • May 2022

Leaks – From SCOTUS to Ukraine

With Jeremy Peters, New York Times; Landis Best, Cahill Gordon (former clerk to C.J. Rehnquist); and David Sanger, New York Times.

  • May 2022

Legislative Affairs Committee Meeting

We will discuss with Adam Rose, the Press Rights Chair of the Los Angeles Press Club, the status of the Committee’s mobilization efforts focused on state rules on cameras in the courtroom including a discussion of both efforts in California to expand remote access to courts through live audio feeds as well as Maryland’s cameras…

  • May 2022

Libel (and False Light) in Docudramas and the Jerry West Complaint

With Rod Smolla, Dean & Prof. of Law, Delaware Law School, and Kathleen Cullinan, Apple.

  • May 2022

Elon Musk, Twitter, and Freedom of Speech

With Margaret Sullivan, Washington Post; Dr. Courtney Radsch, Center for International Governance Innovation/UCLA Institute for Technology, Law and Policy; and Mike Masnick, Techdirt.

  • May 2022

The Johnny Depp v. Amber Heard Defamation Trial: The Accusations, Legal Issues & Testimony in Court

Reporters covering the case will give a mid-trial update.

  • May 2022

Pre-Pub / Pre-Broadcast Committee Meeting: Releases Seminar

We'll focus on the realities and necessities of releases—particularly in documentaries, but in film more generally—and how the need for releases relates to the law, insurers, and distributor demands.

  • April 2022

First Amendment Scholars Hour: Professor Amy Gajda

Tulane Law Professor Amy Gajda is the author of the new book Seek and Hide: The Tangled History of the Right to Privacy.

  • April 2022

MLRC NextGen Clinic: News Vetting Exercise

We're very excited to hold our first clinic on news vetting! Al-Amyn Sumar of the New York Times and Jesse Feitel of Davis Wright Tremaine have prepared a mock article.

  • April 2022

Is Free Speech on Campus in Crisis?

David Lat, author and legal commentator, and Will Creeley, Legal Director FIRE, will discuss recent controversies at Yale and UC Hastings Law School, and broader attitudes and problems with free speech on campus.

  • April 2022

Media Deals Committee Meeting

We are thrilled to announce a special guest appearance: “Committee in Conversation with Eriq Gardner”.

  • April 2022

First Amendment Scholars Hour: Professor Richard Hasen

Looking at the 2020 election and ahead to 2024, Professor Hasen proposes a variety of legal and policy changes to stop fake news from drowning our democracy.

  • March 2022

Internet & Tech Law Committee – What is the Metaverse?

The metaverse goes beyond the virtual world of video games as it is set to impact technology, the economy, the law and possibly society as a whole.

  • March 2022

International Committee Meeting

Join us for a discussion of the latest on issues affecting journalists in Russia and Ukraine. Also the UK supreme court ruling against Bloomberg News that makes it harder for British media outlets to publish information about individuals subject to criminal investigations.

  • March 2022

Criminal Law Committee : “Friendly” Subpoenas

Join us for a discussion of the complexities raised by so-called “friendly” requests for journalists to participate in investigations or lawsuits focused on protecting the press.

  • March 2022

Insurance Committee Meeting

Join us for open discussion of war exclusions and related policy provisions that may limit or preclude insurance coverage during hostilities between nations; insurance coverage for NFT's; and the question of whether confidentiality always guaranteed in mediation communications.

  • March 2022

Employment & Litigation Committees: Enforcement & Resolution Strategies for Non-Competes in the Media Industry

With guest speakers Gary Fowler, ADR Professional, JAMS Mediator and Arbitrator; and Emily Kowey Roth, a member of the Duane Morris Non-Compete and Trade Secrets Practice Group.

  • March 2022

Data Privacy & Security Meeting – Demystifying Tech: NFTs

Hannah Taylor, Partner at Frankfurt Kurnit, will provide an overview of NFTs and will answer your burning questions: What, exactly is an NFT, and are they here to stay?

  • March 2022

Anti-SLAPP Committee Call

Updates on Anti-SLAPP activity in Arizona, Hawaii and Kentucky, as well as a discussion of the New York Anti-SLAPP statute as interpreted in the Carroll v. Trump and Dr. Luke v. Ke$ha cases.

  • March 2022

The Media and the War in Ukraine

How has the media covered the war, and what have been the main challenges? What have been the effects of Putin’s clampdown on the press, and what can be done about it? What has been the role of digital platforms on the battlefield and in public opinion?

  • March 2022

Entertainment Committee Meeting

A wave of new copyright litigation against the music streaming platform Pandora and an update in the years-long arbitration involving the estate of Harper Lee and the stage adaptation of “To Kill a Mockingbird.”

  • March 2022

An Interview with Ted Koppel

Award-winning broadcast journalist Ted Koppel discusses the media’s coverage of Ukraine, the state of journalism today, the amalgamation of factual reporting and commentary, what can be done about disinformation and the poor perception of journalists, and some reminiscences of his signature show “Nightline.”

  • March 2022

Newsgathering Committee Meeting: Should We Sue to Enforce Our FOIA Request?

Exploring the costs and benefits of filing suit to enforce a FOIA request.

  • March 2022

The Case for Preserving Times v. Sullivan

MLRC and an assemblage of its top First Amendment lawyers, under managing editor Lee Levine, have written a comprehensive White Paper in defense of the Court’s most important decision championing freedom of the press.

  • March 2022

Media Deals: Legacy Publishers & Hollywood

We were thrilled to be joined by Shushana Jachobov, Vice President and Assistant General Counsel at The New York Times, and Jamie Stockton, Business Affairs Executive at the Creative Artists Agency, who both have first-hand experience with deals legacy publishers have been entering into with Hollywood. 

  • February 2022

Media Copyright & Trademark Committee Meeting: Plagiarism vs. Copyright Infringement

With Scott Sholder of Cowan, DeBaets, Abrahams & Sheppard LLP and Dan Novack of Penguin Random House.

  • February 2022

Pre-Publication/Pre-Broadcast Committee Call

We will be discussing some interesting trademark issues that can arise in the pre-pub/pre-broadcast process

  • February 2022

Palin v. New York Times: Trial Recap

A deep dive into what happened: the strategies of the two sides, whether they succeeded, how the witnesses performed, etc.

  • February 2022

Biden and the Press: How is the Relationship a Year Out?

A discussion with Len Downie, former Editor of the Washington Post and author of a recent CPJ Report: “Night and Day”: The Biden administration and the press; and David Sanger, Chief Washington Correspondent, The New York Times.

  • February 2022

Next Gen Committee Call

Join the Next Gen Committee for its next general body meeting.

  • January 2022

Sarah Palin v. New York Times: Mid-Trial Analysis of a Key Libel Case

Discussing the trial are three journalists who are closely following it: Erik Wemple, Washington Post; Robert Van Voris, Bloomberg News; and Reynolds Holding, Columbia Law School and former law editor at Reuters and ABC.

  • January 2022

Can Social Media be Forced to Pull Back the Curtain?

Professor Eric Goldman, Santa Clara University School of Law, joins us to discuss his forthcoming journal article, The Constitutionality of Mandating Editorial Transparency, on what the First Amendment has to say about this urgent issue.

  • January 2022

Media Deals Committee Kick-Off Call: Behind the Deal Making Scene

We will welcome three experienced executives who regularly work with lawyers and are uniquely positioned to share insights on deal making trends, predictions for the year to come, and what makes for good lawyering in the business generally

  • January 2022

Litigation Committee Meeting

With the economic realities facing today’s content providers, is it still possible to engage in impact litigation that expands newsgathering or makes law on key issues?

  • January 2022

Employment Committee Meeting

A session exploring the current state of the various federal vaccine mandates, with a particular emphasis on those affecting government contractors.

  • January 2022

The Highlights of 2021 and Predictions for Media Law in 2022

An entertaining and slightly offbeat look at the most interesting media law matters of 2021, and prognostications as to the most significant developments in 2022.

  • January 2022

The Prior Restraint on The New York Times

The first significant prior restraint against The Times since the Pentagon Papers with Dana Green, inside counsel at The Times, and Lizzie Seidlin-Bernstein, Ballard Spahr.

  • December 2021

Anti-SLAPP Committee Meeting

Bob Nelon, who will discuss a favorable decision from the Oklahoma Court of Civil Appeals affirming dismissal of a defamation/false light/other claims suit under the Oklahoma Citizens Participation Act

  • December 2021

Advertising & Commercial Speech: Trends & Legal Developments in the Audio Space

A fireside chat with Hannah Taylor (FKKS) & Brian Rideout (NYTimes)

  • December 2021

First Amendment Scholars Hour: Professor Noah Feldman

Professor Noah Feldman is the author of over 10 books, the most recent is The Broken Constitution: Lincoln, Slavery and the Refounding of America, which argues that Lincoln effectively rewrote the Constitution, transforming it from a compromise document to a transcendent statement of the nation’s highest ideals.

  • December 2021

Prepublication Review of Government Officials’ Memoirs: Censorship or Security?

Is the Department of Defense improperly censoring former Defense Secretary Mark Esper’s memoir?

  • December 2021

The 3rd Annual Claims/Underwriting Review and Virtual Holiday Party

A virtual holiday party and two substantive panels: 2021 Media and Entertainment Claims Review and Trends, and Underwriting Market Conditions - Present, Current and Future.

  • December 2021

Internet Law Committee Meeting: Data Access and Investigative Journalism — Legal Challenges and Issues

Following from the Summer programming on data journalism, this panel event further explores the importance of data to investigative journalism, and the legal barriers to accessing information for data-driven reporting on issues of public interest.

  • December 2021

Netflix and Chill — Or Netflix and Sue?

From complaints over docudramas to libel-in-fiction claims, how should traditional libel defenses apply to streaming companies? Are streamers distributors or publishers? How should actual malice be assessed? Should Section 230 apply to video streaming companies?

  • November 2021

MLRC Data Privacy and Security Meeting – International Data Transfers: What’s the state of the world?

Guest speaker David Zetoony will provide an update on the state of international data transfers

  • November 2021

2021 DCS Annual Meeting

Our usual Carmine's lunch is virtual this year, but it's still a good opportunity to mingle with colleagues and discuss the accomplishments and plans of MLRC's diverse roster of committees. All members are welcome.

Copyright
  • November 2021

Hear The Very Latest On Copyright Litigation!

Hear Cameron Stracher and Edward Rosenthal share their insights and join your fellow committee members in a dynamic discussion on these rapidly developing areas of copyright litigation.

  • October 2021

Nunes v. Lizza: Tweeting, Republication & Actual Malice

Did the Eighth Circuit err in holding that a journalist’s tweet linking to his article was a republication?

  • October 2021

Advertising & Commercial Speech Committee Meeting: Hot Advertising Issues for Online Media Publishers

Topics include CBD/cannabis advertising, sports gambling, cryptocurrency, privacy and political advertising.

  • October 2021

Pre-Pub and Insurance Committees Joint Meeting on Corrections, Clarifications and Retractions

Paul Glader of Vett News discuss a new software system to streamline the handling of requests for corrections. The second half of the meeting is an open discussion of recommended approaches for effective handling of corrections.

  • October 2021

Internet Law Committee Meeting

A discussion with Santa Clara Law Professor Eric Goldman and Google Public Policy Analyst Jess Miers about how the current legal landscape safeguards free expression online and empowers Internet services to responsibly manage content.

  • October 2021

The Supreme Court’s New Term: Big Cases, New Procedures and Access, and the Politicization of the Court

An interview with Adam Liptak, Supreme Court correspondent of The New York Times.

  • October 2021

Entertainment Law Committee Meeting

Join the MLRC Entertainment Law Committee as the group reviews several important developments over the last month.

  • September 2021

Newsgathering Committee Call: The Right to Record Police – Is It a Right Without a Remedy?

Join Steve Zansberg as he leads a discussion of the current state of law on recording police in the performance of their official duties and current cases testing the remedies against police efforts to shut down that recording.

  • September 2021

UnDoxxed: A Criminal Law Committee Discussion on Combatting Online Harassment

We talk with journalists, editors, and in-house counsel about the digital threats their newsrooms are experiencing and how to support them while balancing our First Amendment principles.

  • September 2021

First Amendment Scholars Hour with Robert Corn-Revere

A discussion with First Amendment lawyer Bob Corn-Revere about his forthcoming book The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor's Dilemma.

  • September 2021

Julie K. Brown – The Journalist “Who Brought Down Jeffrey Epstein”

The Miami Herald’s award-winning reporter Julie K. Brown, author of “Perversion of Justice: The Jeffrey Epstein Story,” discusses the challenges she faced in her year’s long effort to report the truth about Jeffrey Epstein. Joined by outside counsel Christine Walz, Holland & Knight.

  • August 2021

Sports, Athletes and the Media: Is the Balance of Power Shifting?

Following the Naomi Osaka controversy at the French Open, how will the relationship between athletes and journalists change? How will the Supreme Court's decision in NCAA v. Alston affect sports, and the balance of power between athletes, leagues and broadcasters? Will legalized sports gambling impact sports journalism?

  • August 2021

International Committee Meeting

Dorien Verhulst explains the current state of digital services and markets regulation in Europe, updating the topic of a terrific article she recently co-authored for the MLRC Legal Frontiers in Digital Media conference. Mark Stephens follows with a few remarks on the state of play in the UK.

  • August 2021

Media Law 101: Insurance

A workshop on the application and underwriting process, key policy provisions to look for, effective claims reporting and handling, types of coverages needed and current hot topics.

  • July 2021
  • On Zoom

Media Law 101: Pre-Pub/Pre-Broadcast

This workshop will be structured as issue spotting around one or more hypotheticals, identifying reporting potential legal pitfalls, including defamation, privacy, newsgathering, right of publicity and agreements with sources.

  • July 2021

Media Law 101: Newsgathering

We discuss open records (FOIA) and open meetings laws, access to courts and their participants (including gag orders), other access issues (such as access to private property, surveillance and drones), police issues (such as recording the police and responding to police demands on scene), phone recording and wiretap, promises of confidentiality to sources, lawful obtainment…

  • July 2021

Justice Gorsuch’s Dissent and the Viability of Times v. Sullivan

Is Gorsuch’s dissent wrong? How many other votes are there to overturn Sullivan? What might replace it? Should public figures have to meet the same high standard as public officials?

  • July 2021

Media Law 101: Data Privacy

This workshop will provide an overview of U.S. and international data privacy and security laws, with a focus on advising companies on how to comply with a patchwork of emerging requirements, operationalize a privacy program, and prepare and respond to data security breaches.

  • July 2021

Media Law 101: Copyright

How copyright does (and does not) protect, who owns it, how long does it last, what constitutes infringement, defenses to infringement, and fair use.

  • Summer 2021
  • Zoom

Media Law 101s

The MLRC is very pleased to announce a special series of 101 Zoom calls this summer, focused on teaching the fundamentals of various discrete areas in media law.

  • June 2021
  • Zoom

Media Law 101: Libel

This workshop covers what the plaintiff has to prove in a libel case, defenses that you might have under the First Amendment and common law, the differences in defending cases brought by public and private figures, and the effect of corrections, denials, implications of fact, and using anonymous sources.

  • June 2021

Internet & Employment Committees Joint Presentation on Potential Reforms & Amendments to Section 230

Our discussion is led by Seth Stern, of Funkhouser, Vegosen, Liebman & Dunn Ltd.

  • June 2021

A Panel of Complete LOSERS: The Online Slander Industry, Takedowns, and the Law

New York Times reporters Aaron Krolik and Kashmir Hill discuss the ecosystem of gripe websites that seek to destroy reputations, then charge to fix them, and what happened after they posted “Aaron Krolik is a complete LOSER.”

  • June 2021

Internet Law Committee Meeting: Supporting Data Journalism: Legal Issues and Challenges

The Internet Law Committee is proud to present a discussion on the legal challenges that hinder journalists access to data.

  • May 2021
  • Zoom

Newsgathering Committee Meeting: Cutting Edge Tools in Authenticating Digital Content

Two Adobe reps will join us to discuss its new Content Authenticity Initiative (CAI), a slate of new tools for authenticating the provenance of digital content.

  • May 2021

International Committee Meeting: Journalism in Asia

Two guest speakers will discuss the contemporary challenges faced by journalists across Japan, China and Russia.

  • May 2021

Defense of Rhetorical Hyperbole: How Is it Being Used (or Overused) in Today’s Polarized Environment

Courts have long considered whether statements made in the context of heated political debate are protected as rhetorical hyperbole. Recent cases stemming from opinion shows hosted by partisans like Rachel Maddow, and on platforms such as Twitter, have seen the rhethorical hyperbole defense take on new prominence. Have these cases gone too far?

  • May 2021

Anti-Protest Laws: A Chilling Wave of Legislation

Republican lawmakers in at least 34 states have introduced bills that threaten the right to protest publicly, expanding liability and increasing penalties in connection with protest-related activity and/or immunizing those who take action against protesters from legal consequences. Can the First Amendment possibly allow such laws?

  • April 2021

The Supreme Court and Student Speech on Social Media: An Analysis of the “Cheerleader” Case

The case where a high school punished a cheerleader for her rants against the school on Snapchat, was recently argued in the Supreme Court. How did the argument go? Will the Tinker v. Des Moines precedent be retained? Can a public school punish students for off-campus speech? Can such a social media post be disruptive…

  • April 2021

First Amendment Scholars Hour: Nadine Strossen, former President of the ACLU

Ms. Strossen answers questions about hate speech, disinformation, content moderation, Sec. 230, Dr. Seuss, free speech on campus, and more. Strossen is Professor Emerita at New York Law School, was the first woman president of the ACLU (1991-2008), and is the author of “HATE: Why We Should Resist It with Free Speech, Not Censorship.”

  • April 2021

Access Issues in the Derek Chauvin Trial for George Floyd’s Death

Was there appropriate access to jury selection? Why was full television coverage authorized? Was it justified to ban the Daily Mail from the courtroom for running a prohibited tape? Is the 2-person press pool adequate and reasonable? What other issues are there in running and covering a high-visibility trial during the pandemic?

  • April 2021

Cuomo, Trump, Weinstein, Cosby: Vetting #MeToo Articles & Defending “Liar” Litigations That Follow

What are the pitfalls and best practices in vetting #MeToo accusations; how to preserve privacy and work with NDAs; defending libel claims when the alleged abuser or victim claims the other is a liar; are the standards the same for both alleged abusers and victims?; for the media that reports on it?

  • April 2021

The Warhol Foundation v. Goldsmith: Reining in Transformative Use?

Does the Second Circuit’s decision denying the fair use defense bring clarity or confusion to copyright law? Is it time for “appropriation artists” to pay the piper? Is the transformative use doctrine on the wane? Do we see similar arguments under the rubric of substantial similarity? How will the decision effect derivative works?

  • March 2021

First Amendment Scholars Hour: Prof. Mary Anne Franks, University of Miami School of Law

Professor Franks, J.D., D.Phil., is an internationally recognized expert on the intersection of free speech, civil rights and technology. In 2013, she drafted the first model criminal statute on nonconsensual pornography, aka “revenge porn,” which has been used as a template for state laws and proposed federal legislation.

  • March 2021

The Joke That Went to the Supreme Court

Should a comedian pay damages for telling an offensive joke? This is a question the Supreme Court of Canada will decide this year. What interests will the Court balance? How does the case compare to Hustler v. Falwell? Is the First Amendment out of step with international trends and norms?

  • March 2021

Litigating in a Pandemic

Adam Liptak, Supreme Court correspondent of The New York Times, Chad Bowman, Ballard Spahr, and Kelli Sager, Davis Wright Tremaine discuss virtual court hearings, whether they will be retained after the pandemic, how the pandemic affected the judicial system, including changes at the Supreme Court.

  • March 2021

Access to Courts, Information & Newsgathering Issues in a Pandemic

Katie Townsend, RCFP, and David McCraw and Dana Green, New York Times, discuss newsgathering issues: how access was affected by the crisis, as well as privacy and ethical issues in reporting on COVID-related subjects.

  • March 2021

The Legal Business in a Pandemic

David Lat, founder of Above the Law and Managing Director of legal recruiter Lateral Link, and Bill Hartnett, Executive Committee Chair of Cahill Gordon, discuss how lawyers fared in 2020, the future financial outlook, staffing plans, summer associate programs, and whether lawyers will work from home or the office once things return to normal.

  • February 2021

Suing the Media for Trump’s Lies: Are Defamation Cases a Cure for Disinformation?

Is Smartmatic’s $2.7 billion defamation suit against Fox News a threat to the press? Should it be dismissed under New York’s new anti-SLAPP law? How can the media avoid liability for reporting the lies of public officials? With Paul Clement, Kirkland & Ellis, lead counsel for Fox News in the case; and Michael Grynbaum, media…

  • February 2021

First Amendment Scholars Hour: Mark Tushnet

Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, at Harvard Law School, discusses his recent essay "The Kids Are All Right: The Law of Free Expression and New Information Technologies." We discuss Prof. Tushnet's position that new technologies have not rendered the First Amendment obsolete and how our constitutional doctrine can adjust to…

  • February 2021

Takedowns, Fresh Starts, and Right to Be Forgotten

Does the Boston Globe’s “Fresh Start” policy, which allows people to ask the newspaper to takedown coverage of them, herald a new attitude toward online content? What led to this and similar new policies? How are they implemented? Will voluntary takedowns have any legal impact? With Jason Tuohey, Boston Globe, Managing Editor - Digital; Dan…

  • February 2021

First Amendment Issues Surrounding the Trump Impeachment for Incitement

Did Trump’s Jan. 6th speech amount to incitement under Brandenburg? Are his surrounding lies about the election relevant? Can Trump be criminally prosecuted? What would be the impact on social activism and other protests? With Professor Eugene Volokh, UCLA Law School; Suzanne Nossel, PEN America; and Lee Rowland, New York Civil Liberties Union.

  • January 2021

Vetting Political Ads

A day before Biden's Inauguration, a timely review of the vetting of political ads during the ’20 campaign season (including Georgia ’21). What is the law regarding the running of political ads? What are the practical considerations as lawyers vet them? Do different media – and different companies – have varying acceptance standards? And we…

  • January 2021

De-Platforming Trump

Following the armed assault on the U.S. Capitol, tech companies moved to block incitement of further violence, including bans of Donald Trump from Facebook and Twitter and a decision by Amazon to cease providing web services to "free speech" social media site Parler. Were these the right moves, and do they imply anything for content…

  • January 2021

First Amendment Scholars Hour: Cass Sunstein

Professor Sunstein discusses his forthcoming book: Liars: Falsehoods and Free Speech in an Age of Deception. Should false speech have any protections? What role should defamation law play? Who decides what is true? Professor Sunstein is the Robert Walmsley University Professor at Harvard Law School and a leading expert on constitutional law, administrative law, and…

  • January 2021

The Julian Assange Decision

A discussion of this week’s Julian Assange extradition ruling. What did the over 100 page opinion really say?

  • December 2020

All About the Story: A Conversation with Leonard Downie Jr

A discussion with Len Downie about his new book “All About the Story: News, Power, Politics and the Washington Post.” Downie worked at the Post for nearly 50 years, succeeding Ben Bradlee as Executive Editor. He was an editor of the Watergate story, and led the paper through the Clinton impeachment, the Unabomber threats and…

  • December 2020

Crawling from the Wreckage: Digital Media Law at the End of the Trump Era

A discussion of where the Trump administration will leave issues in digital media law and what President-Elect Biden is likely to do with what is left behind.

  • December 2020

A Conversation with Bob Woodward

A special hour with Bob Woodward, associate editor at The Washington Post, where he has reported on every American president from Nixon to Trump. Our discussion focuses on his latest book “Rage,” based on 17 interviews with Trump, and more broadly on the relationship between presidents and the press, and the state of investigative reporting…

  • December 2020

First Amendment Scholars Hour: Prof. Michael McConnell

Stanford Law School professor, former 10th Circuit Judge and potential nominee to the Supreme Court during the Bush Administration. Subjects include Covid restrictions and the First Amendment; the constitutionality of self-pardons; Facebook’s new policy court; and his new book "The President Who Would Not Be King."

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  • November 2020
  • Zoom

2020 DCS Annual Meeting

Annual meeting of the MLRC Defense Counsel Section with reports on the year's meetings and publications and plans for 2021.

  • October 2020

The Coney Barrett Confirmation Hearings, First Amendment & Disinformation, and Election Chaos

Q&A with Emily Bazelon, New York Times Magazine staff writer, co-host of Slate’s Political Gabfest, and Truman Capote Fellow for Creative Writing and Law at Yale Law School. Emily’s recent NYT magazine article, The First Amendment in the Age of Disinformation, explores the legal, political, and journalistic issues surrounding “fake news” and the impact on…

  • October 2020

Presidential Health and the Transparency of Presidential Medical Records

A conversation with Lawrence Altman, M.D., who has been a New York Times science/medical reporter since 1969, and Josh Dawsey, a Washington Post reporter covering the White House. Dr. Altman has reported on the health of presidents and presidential candidates from the 1972 McGovern/Thomas Eagleton campaign through the Reagan Presidency and into the present day.…

  • September 2020

Barton Gellman on Edward Snowden and the American Surveillance State

Three-time Pulitzer Prize winner Barton Gellman discusses his new book "Dark Mirror," a gripping account of receiving and publishing information from Edward Snowden on the post 9/11 secret surveillance state. Why did Snowden leak to Gellman? Could Snowden be trusted? Did the government try to stop publication? James McLaughlin, who worked alongside Gellman as the…

  • September 2020

First Amendment Scholars Hour with Ronald K.L. Collins

The prolific author and scholar discusses the role of the First Amendment in the cancel culture debate. What is the debate about? Are free speech values being helped or harmed? What role should First Amendment lawyers play? What lessons can we learn from the history of legal suppression of offensive speech?

  • September 2020

What the Lawyers Who Sue the Press Think About the Press and Media Law

Jonathan Peters, a professor at Univ. of Georgia’s Law and Journalism Schools and correspondent for Columbia Journalism Review, interviews three plaintiffs’ libel lawyers.

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  • September 2020

The Presidents vs. The Press

The award winning historian Harold Holzer discusses his new book surveying the history of battles between Presidents and the media – from the days of the Founding Fathers to Trump. Are Trump’s threats and bombast unique? Is tension between the President and the press inevitable? How has technology changed the relationship?

  • September 2020

Can a Fictional Character Defame You?

Using a recent legal demand over CBS' "The Good Fight" as a jumping-off point, this session will explore the various ways that real people can find their way into literature and entertainment content and the plausibility of libel claims when those fictional appearances aren't to their liking. Featuring: Jonathan Anschell, Executive Vice President and General…

  • August 2020

The Global Pandemic and Its Effects

Featuring Donald G. McNeil Jr., leading New York Times Science and Health reporter, who has long reported on epidemics and is an expert on the Coronavirus. Where did it derive from? Why is the U.S. so bad at containing its spread? When can we expect a vaccine? How and when will schools, businesses, leisure activities…

  • August 2020

Behind Closed Doors in the Roberts Court

A discussion with legal analyst and author Joan Biskupic on a recent series for CNN exploring how justices on the Roberts court asserted their interests, forged coalitions and navigated political pressure and the coronavirus pandemic.

  • August 2020

How New York Passed Favorable ROP and Anti-SLAPP Bills, and What Can Be Learned by the Other 49?

How favorable ROP and Anti-SLAPP bills were passed by the NY legislature, what they say, how they compare to similar bills nationally, and what media lawyers in other states can learn from the Albany process.

  • July 2020

FOIA, History & the Search for Truth

A conversation with acclaimed novelist Nicholson Baker, whose latest book "Baseless: My Search for Secrets in the Ruins of the Freedom of Information Act" traces his struggle to surface documents on the US military's biological weapons program.

  • July 2020

Is Free Speech in Danger? When Should Offensive Speech be Censored? Problems in Developing Community Standards (And Using Political Correctness) for Moderation of Content

Our call is an open discussion of where and how the lines should be drawn, and why such issues have come to the fore in recent years

  • July 2020

Should Michael Cohen – or Anyone – Go to Jail for Writing a Book about the President?

A discussion about the issues raised by Trump fixer Michael Cohen’s being sent to jail because he didn’t agree to cease publication of his book about President Trump.

  • July 2020

First Amendment Scholars’ Hour: Erwin Chemerinsky

Is the Roberts Court Really Moving to the Center – and Should the Media Be Encouraged by That?

  • July 2020

Rap Lyrics, Criminal Prosecutions, and the First Amendment

This session explores the troubling use of rap lyrics as evidence in criminal proceedings.

  • July 2020

First Amendment Scholars’ Hour with Columbia Law Professor Jamal Greene

Professor Jamal Greene discusses his book How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart; the relationship between rights and justice; and how we should think about the First Amendment in the current political and cultural climate.

  • July 2020

Nick Kristof on the Crises of 2020

A discussion with Nick Kristof, the New York Times columnist and two-times Pulitzer Prize winner (and seven-times finalist), on the coronavirus; the Black Lives Matter protests; the inequality gap; presidential lies and disinformation; attacks on journalism; the President, the DOJ and the AG; China; gerrymandering and the electoral college; and, finally, the 2020 presidential election.

  • June 2020

The Supreme Court’s Decision in Bostock and the Role of the First Amendment in LGBT Rights

The implication of the Supreme Court's landmark Bostock decision, and whether and how the First Amendment has been used to advance LGBT equality.

  • June 2020

First Amendment Scholars’ Hour with RonNell Anderson

Professor RonNell Anderson discusses how SCOTUS has characterized the press over time; her article “Freedom of the Press in Post-Truthism America” and Trump's denigration of the media.

  • June 2020

Is There a (First Amendment) Responsibility to Publish Unpopular Views?

A discussion about the kerfuffle at The New York Times for its disowning the op-ed piece by Sen. Tom Cotton “Send in the Troops” and A&E Network’s decision to pause production of its cop show Live PD.

  • June 2020

The Business and Law of Podcasting with New York Times’ Michael Barbaro, Host of The Daily

Plus NPR's Ashley Messenger and journalist Nick Quah. They look into the origins of podcasts, the changing business environment, legal issues peculiar to the form, and shows that seem destined for classic status.

  • June 2020

First Amendment Scholars’ Hour with Tim Wu

Professor Tim Wu, Columbia University Law School, specializing in technology and free speech law, speaks about dealing with propaganda and misinformation, content moderation and free speech, and Trump’s Executive Order.

  • June 2020

Fact Checking COVID-19 Information

How has the role of fact-checking organizations changed during the pandemic?

  • June 2020

First Amendment Scholars’ Hour with Professor Geoffrey Stone and President Lee Bollinger

Professor Geoffrey Stone, University of Chicago Law School and author of ten books on constitutional law, and Columbia University president and First Amendment expert Lee Bollinger on leaks, national security and freedom of the press.

  • June 2020

President Trump’s Executive Order Undercutting Section 230

How much of the executive order is bluster, and how much is worthy of actual concern? Is the executive order unconstitutional? How does an executive order trump congressional legislation? What are the limits on the president's ability to rope the FCC and FTC into policing social media? Will Trump’s E.O. lead to Twitter’s censoring Trump?

  • May 2020

Governmental Regulations on Civil Liberties During the Coronavirus Crisis

Floyd Abrams, Cahill Gordon, and Joe Steinfield, Prince Lobel, discuss the constitutionality of government restrictions on statehouse demonstrations, large gatherings and travel to combat the coronavirus.

  • May 2020

No Laughing Matter: Comedy, the Constitution, and Cancel Culture

Does the First Amendment protect offensive speech in comedy; what’s the value in protecting such speech, particularly in the political arena; is political correctness stifling comedy; and are comedians becoming persona non grata on campuses?

  • May 2020

First Amendment Scholars’ Hour: Prof. Eugene Volokh, UCLA School of Law

Professor Volokh discusses his recent law review article "Anti-Libel Injunctions." Are post-trial libel injunctions prior restraints? Or are they constitutional - and necessary - especially now, when the Internet makes it easier for judgment-proof defendants to damage people’s reputations.

  • May 2020

The Supreme Court’s Open Telephonic Arguments – How Did They Work and Do They Augur More Openness?

Adam Liptak, New York Times Supreme Court correspondent, discusses the last two weeks of telephonic oral arguments before the High Court which were open to the public: How did they work, were they successful, did the public listen-in in numbers, were there glitches or interruptions, were the arguments different, and is this a harbinger of…

  • May 2020

Should Trump’s Coronavirus Press Briefings Be Broadcast Live and In Full?

Two journalists with differing views: Olivia Nuzzi, New York Magazine, who writes that the public should see Trump unfiltered, and Margaret Sullivan, The Washington Post, who opines that his briefings are too self-serving and unsafe to be broadcast live and in full.

  • May 2020

It’s Different for Us: Women Journalists Tell their Stories from the Campaign Trail

Three journalists featured at our Annual Dinner program will discuss their reporting since – what they have covered, how coverage in the coronavirus environment is different, how women have fared as journalists and politicians, and possibly conjecture on Biden’s VP pick.

  • April 2020

First Amendment Scholars Hour: Kent State and the Failure of First Amendment Law

Reflecting on the upcoming 50th anniversary of the Kent State shootings against the recent centennial of modern First Amendment law, Professor Gregory Magarian of Washington University School of Law will discuss what he sees as a shift in law toward prioritizing powerful speakers over marginal and dissident speakers.

  • April 2020

Access to Court Hearings and Arguments – Is the Public Getting Access to Telephonic and Video Conference Calls

Are the Courts making hearings, motion arguments and appeals available to the public via Zoom video calls and open telephone calls?

  • April 2020

45 Days In: Access to Government Documents and Meetings and FOIA, Revisited

Featuring Katie Townsend, Reporters Committee for Freedom of the Press

  • April 2020

Hollywood, Broadway and Entertainment: How Are They Faring? How Are They Being Covered? And How Will They Come Back?

Will the virus affect the future of television, movies and streaming? How will other cultural institutions - Broadway, concerts, and museums - adapt to a world where people may be afraid to gather in crowds?

  • April 2020

Sports Coverage with No Sports to Cover

How is the media covering sports with no games to report on?

  • April 2020

How Well Is the Media Covering the Crisis?

With Ben Smith, media columnist, New York Times/former editor, BuzzFeed News; and Bill Carter, former media reporter, New York Times

  • April 2020

Privacy and Ethical Considerations in Obtaining & Publishing Corona Patient Information

With David McCraw/Dana Green, New York Times; Lucian Pera, Adams and Reese; and Deborah Fisher, Executive Director, Tennessee Coalition for Open Government