Ten Questions to a Media Lawyer
Jennifer Dukarski is a Shareholder at Butzel in Ann Arbor, MI.
1. How did you get interested in media law and what was your first job?
Despite the fact that I had a career as an engineer before law school, most people don’t know that I spent my undergrad working for my college newspaper. I finished my last year as editor of the news section and had more than a handful of professors and advisors questioning my sanity when I said I was going to be an engineer. But, graduating and starting out in the automotive industry at General Motors, I put away any thoughts of the media. My first role, post college, was designing steering columns and working to launch the first magnesium column ever made in a car. But technically, my first job was as a Congressional Page working in the U.S. House of Representatives. But that was in those olden times where people would actually chat across the aisle.
2. What are some high profile or notable cases you’ve worked on?
As someone who works both as a litigator and transactional attorney, I’ve had a great opportunity to work on several high profile matters in recent years. In my practice, I support local Michigan newspapers and my current highest profile issue relates to “Second Amendment remedy” threats against newsrooms who refuse to run questionable political advertisements during this election cycle. Currently, I’m also currently working with my Butzel media team on the first AI image defamation case in Michigan.
In recent years, I successfully defended a Michigan paper in a Spotlight-esque defamation matter involving an alleged pedophile priest. I was fortunate to successfully represent CNN in a COVID-19 related defamation case with a conspiracy theorist plaintiff.
From a transactional perspective, in addition to some fun entertainment contracts, I’ve negotiated on behalf of the government of Dubai the contract bringing robo-taxis to the region and negotiated on behalf of a major artificial intelligence company a contract with one of the large U.S. automakers for implementation of AI technology.
3. What’s the biggest mistake you’ve made on the job?
There really are two “mistakes” I have identified over the years. With as many Q-Anon adjacent defamation cases as I’ve been involved in my career, I once (optimistically) included in my advice to a client who was alleged to have been a part of Pizzagate to ignore 4Chan, 8Chan and all “of this stuff.” I believed it would get “pushed down the page” and never see the light of day, burning itself out. While it worked out fine for them, that’s a statement I’d love to retract!
Otherwise, the one mistake I feel I made was, as an associate, delaying in accepting advice from colleagues about how to focus my career development and work stream. I was given the sage advice from a tech law colleague that I should focus on finding and harnessing my “highest and best use.” I had no sense of what that meant at the time. Rather than taking the time for introspection, I said yes to everything. Far too many “everythings.” I found myself overwhelmed, struggling to deliver my best work product, and burned out with pneumonia. At this point, although many might think my mixed media-technology practice is a bit of chaos in a bottle, what I learned from that experience and my colleague’s advice has paid dividends.
4. As a self-described “recovering engineer,” how do you compare engineering to practicing law?
The law has a good deal of similarity to engineering. In the role of an engineer, I was looking at how to create a part or a process so it serves its purpose and does so with minimal risk and maximum benefits. In a nutshell, engineers outline failure modes and ways to problem solve for existing risks. They negotiate with the team to implement the best ideas into the final design. An engineer is a problem solver. Similarly, I see my role as a lawyer as one that’s one part problem solver, one part risk assessor and mitigator, and one part designer (of briefs, contracts and strategy).
5. When do you think home robots will come to market – and will you buy one?
Probably not. Other than the ubiquitous Siri, I don’t have a separate personal assistant in the home (like an Alexa) or even a Roomba. And as to cars – I love the feel of the road and enjoy driving. I’m also frightened of what happens when AI driven cars hallucinate. So, there is no robotaxi in my garage at any point in the near future.
6. Speaking of robots, should we be worried about the singularity?
No. Honestly, I’d be more concerned about the failures and misfires that technology bring. For example, studies show that AI can hallucinate up to 35% of time even with the best large language models. It’s more likely that a robot driven car will get stuck behind a taco truck because it doesn’t know how to respond to all of the people than to take over and make a decision on where you need to be taken. To me, it seems unlikely that we’ll face an uprising of intelligent robots, domination by Skynet, or even a zombie car apocalypse in our lifetime or in the centuries that follow.
7. Favorite film or TV show dealing with the law?
Since I can’t find a way to make the first 6 seasons of Game of Thrones fit here, I’d have to say Michael Clayton. Clooney’s character is just a gem and wealth of great lines (“I’m not the guy you kill. I’m the guy you buy.”) Tilda Swinton’s callous and calculated in-house role was a standout. And who could forget that deposition.
8. I’ve got 24 hours in Ann Arbor – what should I do, see, eat?
Without a doubt, a trip to “American Hogwarts” is in order – the famous University of Michigan Law library. If you can squeeze in a trip to the Big House (Michigan Stadium) or a chance to drive by, it’s also worth it. For lunch, I’d recommend Zingerman’s Deli or if dinner is in order, skip on to Zingerman’s Roadhouse for some amazing farm-to-table comfort food. And no trip to the Arb is complete without a coffee stop or three. I’d recommend Roos Roast and getting a cup of either a latte or the Lobster Butter and taking home a bag of either Mother Pheasant Plucker or the Badass Women Blend. Because who can really resist?
9. Butzel is going out for karaoke night. What are you singing?
Most likely either Imagine Dragons’ Radioactive or Coldplay’s Viva la Vida. And yes, I will admit to having done Viva la Vida with a client in Japan and the song being somehow appropriate for the trip.
10. What’s a typical weekday lunch?
I’m fond of a true plowman’s style lunch. I often have a few crackers or a grainy bread with cheese and an orange. But during the winter, I’m in for warming up some soup!