Developments for 2011

  • The firm successfully resolved a dispute over a terminated collaboration agreement on behalf of a trade book writer.
  • The firm was consulted regarding student disciplinary charges by a university that were subsequently dropped in their entirety.
  • The firm successfully negotiated termination of a copyright license and reversion of publishing and distribution rights from a foreign printer/publisher on behalf of a U.S. trade book author.
  • Mr. Kaufman and Mr. Cantwell co-authored an article for the Media Law Resource Center reviewing a Second Circuit decision that affirmed dismissal of a defamation claim brought by a post-doctoral researcher against the senior scientist heading her laboratory in a case involving application of common law privileges (Chandok v. Klessig, 632 F.3d 803).
  • The firm filed a brief in the U.S. Supreme Court on behalf of media and journalism amici curiae, including the Associated Press, Bloomberg, Hearst, McGraw Hill, ProPublica and the Reporters Committee for Freedom of the Press, in Sorrell v. IMS Health.  The brief urged affirmance of the Second Circuit’s holding that publication of health-related data is protected commercial speech that cannot constitutionally be barred by state statute even if the data is used for advertising or marketing purposes.    (See also Resources)
  • On behalf of a textbook author, the firm successfully negotiated termination and reversion of rights of a U.S. publishing contract (while also collecting several years’ unpaid royalties for the author); the firm subsequently renegotiated the author’s proposed publishing contract with a foreign book publisher for a new edition of the book.
  • Mr. Kaufman made a presentation on the pending case of Sorrell v. IMS Health to the Committee on Media Law of the N.Y.S. Bar Association.
  • Mr. Kaufman made a submission to Southern District of New York Grievance Committee on behalf of a client threatened with a defamation action.
  • The firm’s amicus curiae position, on behalf of online publisher StreetAccount LLC, in support of reversal in the “hot news” case of Barclay’s Bank v. Theflyonthewall.com, was upheld by the Second Circuit U.S. Court of Appeals.   (See also Resources)
  • The firm’s amici curiae position, in the commercial speech case of Sorrell v. IMS Health, was upheld by the U.S. Supreme Court in a 6-3 opinion written by Justice Kennedy.
  • The firm was retained to represent two faculty members in a higher education dispute involving their committee work. The dispute was satisfactorily resolved after a written presentation to, and ensuing negotiations with, the institution’s Special Counsel, Dean and President.
  • The firm successfully settled five related defamation and threatened defamation actions, in New York and Pennsylvania state and federal courts, on behalf of a nonprofit online publisher.
  • The firm filed a post-discovery motion for summary judgment in a Suffolk County defamation action, Matovcik v. Times Beacon Record Newspapers.
  • Mr. Cantwell made a presentation to the Copyright and Literary Property Committee of the New York City Bar Association on the Second Circuit decision in Barclay’s Bank v. Theflyonthewall.com.
  • The firm was retained to represent the anonymous poster(s) of an allegedly defamatory video on YouTube in a case seeking pre-action disclosure, Americare v. Google (N.Y. Supreme Court, Albany County).
  • Mr. Kaufman conducted a seminar at the New York firm of Davis & Gilbert on the implications of Sorrell v. IMS Health for advertising law.

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