Ten Questions to a Media Lawyer

Jessica Davidovitch is Group Vice President & Senior Counsel, Litigation at Warner Bros. Discovery, based in New York City.

How did you get interested in media law, and what was your first job?

I have always been a huge fan of great television and movies (with strong opinions about both!), which led to me being fascinated by the business that makes them happen. At the same time, the First Amendment has been a never-ending source of interest for me, particularly since law school. So, when I interviewed to be a summer associate, I only chose to meet with firms that had at least one media or entertainment company client, with the aim of working for that client at some point. I landed at Cravath, who for many years was the go-to firm for what was then Time Warner, home of HBO, Warner Bros. and the Turner Networks (they had already spun off the cable company, books and music groups when I joined HBO in 2010). That eventually led to me going in-house to the litigation team at HBO in 2010.

What’s a case—or cases—that has been central to your career?

A pivotal case for me was the first trial that I worked on, which was not a media trial, but a massive breach of contract dispute. I was a second-year associate at Cravath and was selected to be the “Beachmaster” for the trial team. As I learned once I was given the title, “Beachmaster” is a term from World War II, when the US stormed the beach at Normandy, and the role of the Beachmaster was to be the commander directing the troops according to plans and preparing for anything that the military forces would need to execute their goals. If the Beachmaster didn’t do everything right, everyone would perish. No pressure! At trial, this translated to organizing hundreds of trial exhibits, witness outlines, motion support, etc., and being there every day, and being depended upon as part of the action at the table with the partners trying the case. It was terrific experience, and it taught me early on in my career that if you can earn the trust of your mentors and clients, you can be confident in making decisions and judgment calls during high-stress and complicated situations of any kind. This translates to so many situations that you deal with in-house. I have had many other trials, arbitrations and important cases since then, of course, but this one was formative to my career as a litigator.

You started out at Cravath and later moved in-house to HBO and later became responsible not just for HBO matters, but part of a team that handles Warner Bros. Motion Pictures, Warner Bros. TV , and the Turner and Discovery networks. What are some of the chief differences between being outside counsel and being the client?

When you are outside counsel, you are focused on and immersed in every single detail of the specific lawsuit that you are handing from beginning to end. When you are in-house you know everything at a higher level, but more importantly, need to make sure that you’re seeing the forest for the trees in terms of broader issues the company needs to be focused on, that outside counsel wouldn’t know to think about. 

Also, when you are in-house at a company you develop an understanding of the people and culture and ins-and-outs of your business, versus being outside counsel who often come with (although best intentions) “square peg round hole” type questions involving fact discovery and related matters. A big part of your job as in-house counsel, aside from strategy, is triaging and translating outside counsel’s asks to the business people, stake holders and resources who may be responsive or relevant to the case.

Also, although I love being the client and directing strategy, I will be honest that sometimes it’s tough to be in the passenger seat during the litigation process – especially at depositions!

From an in-house lawyer’s perspective, what separates outside counsel you really want to work with again from everyone else?

It’s really important to feel confident and comfortable in our outside counsel. You gain my confidence with subject matter expertise, quality of writing, quick responsiveness, good judgment, good bedside manner with clients, thoughtful staffing and (last but not least) strong overall EQ. Some outside counsel are much better than others at “speaking English” in terms that business and creative folks can understand and are not intimidated by, which leads to far more efficient interactions and emails.  

What’s the best professional advice you’ve ever received—and what advice do you find yourself giving students and younger lawyers?

“Perfect is the enemy of good.”  

What media law or First Amendment issues are most concerning to you right now?

AI is making it far too easy for pro se plaintiffs to draft coherent complaints for frivolous claims.

Also, Rogers v Grimaldi is under attack.

Any unusual hobbies?

We just got a new puppy – her name is Biscuit, and she is pretty much the sum total of my hobbies at the moment.

Favorite law-themed book, movie, or TV show?

Crime and Punishment (the book); A Time to Kill (the movie); My Cousin Vinny

Any tea you can share about The White Lotus Season 4?

The hotel is really nice 😊.