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Communications Law in the Digital Age 2013

 
Author(s): Lee Levine, Jeffrey P. Cunard, James C. Goodale, Bruce P. Keller
Practice Area: Communications/Telecommunications Law, Intellectual Property, Privacy & Cybersecurity
Published: Nov 2013
PLI Item #: 42279
CHB Spine #: G1158, G1159, G1160

Lee has represented media clients in libel, invasion of privacy, reporter’s privilege, access, copyright, and related First Amendment cases for more than three decades. In the United States Supreme Court, he has argued for the media defendants in Harte-Hanks Communications, Inc. v. Connaughton and Bartnicki v. Vopper. Lee also has litigated in the courts of more than 20 states and the District of Columbia and has appeared in most federal courts of appeal and in the highest courts of ten states.

Lee was an Adjunct Professor of Law at the Georgetown University Law Center, where he has taught media law from 1989-2016. He is the lead author of the treatise Newsgathering and the Law, now in its Fourth Edition; he co-authored the casebook Media and the Law; and most recently, together with Professor Stephen Wermiel, he co-authored The Progeny: Justice William J. Brennan's Fight to Preserve the Legacy of New York Times v. Sullivan, published by the American Bar Association Press to commemorate the 50th anniversary of that landmark decision.

Chambers USA has reported that Lee is considered “the greatest First Amendment attorney in the United States” and has ranked him nationally as a “star individual” in First Amendment litigation, its highest rating. Likewise, The Legal 500 has written that Lee’s “reputation is unparalleled. He is in a class of his own.” And, in Best Lawyers, Lee has been described as “the dean of First Amendment Law.”

Lee began his legal career as a law clerk to the Honorable Irving R. Kaufman, then-Chief Judge of the United States Court of Appeals for the Second Circuit. Prior to founding LSKS in 1997, Lee was a partner in the Washington, DC-based firm Ross, Dixon & Masback.

Education

Yale Law School (J.D. 1979) Managing Editor, Yale Law Journal

University of Pennsylvania (B.A., M.A., summa cum laude, Phi Beta Kappa, 1976)

Bar & Court Admissions

District of Columbia Pennsylvania

U.S. Supreme Court

U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Ninth, and District of Columbia             Circuits

U.S. Court of Appeals for the Armed Forces

U.S. District Courts for the District of Columbia, the District of Colorado, and the Northern District of Illinois


Jeffrey Cunard, managing partner of Debevoise & Plimpton’s Washington, D.C. office, leads the firm’s corporate intellectual property, information technology and e-commerce practices. Mr. Cunard’s practice encompasses copyright litigation and U.S. and international media and telecommunications law. He is an internationally recognized practitioner in the field of the Internet and cyberlaw and a member of the firm’s Privacy and Data Security practice.

Mr. Cunard is the author of, and contributes to, books and articles on communications and intellectual property law, and he speaks widely on both subjects. Annually, he co-authors the treatise on intellectual property and the Internet for the Practising Law Institute’s Communications Law in the Digital Age program, which he co-chairs. He co-authors the treatise, Copyright Law: A Practitioner’s Guide (2001-2015), published by Practising Law Institute (Second Edition published earlier this year), and has as co-authored the “Obscenity and Indecency,” “Copyright” and “Trademark and Unfair Competition Issues” chapters in Internet and Online Law (K. Stuckey, ed.) (Law Journal Seminars-Press 1999-2010). He is on the Board of Editors of e-commerce Law & Strategy and is the co-author of two seminal books on international communications law, From Telecommunications to Electronic Services (1986) and The Telecom Mosaic (1988), both published by Butterworths. He also is a major contributor to The Future of Software (1995), published by MIT Press. For several years, he taught a seminar at Harvard Law School, “Practical Lawyering: Internet-Related Issues,” and served as co-director of the Clinical Program at the Berkman Center for Internet & Society at Harvard University.

Mr. Cunard is an active participant in community activities and the arts. He is a member of the Board of Trustees of the Freer Gallery of Art/Arthur M. Sackler Gallery, Smithsonian Institution (Chair, 2003-2007; Vice Chair, 2010-2014; Secretary, 2014-present); he is a member of the Boards of the Washington National Opera and the Christopher & Dana Reeve Foundation; he serves as Secretary of and is on the Board of Directors of Friends of Khmer Culture; and he is Counsel to the College Art Association. He is a past President of the Woolly Mammoth Theatre Company and a past director of both Rhizome.org and the Choral Arts Society of Washington.

Mr. Cunard graduated summa cum laude in English and Political Science from the University of California at Los Angeles in 1977 and received a J.D. in 1980 from the Yale Law School, where he was an Editor of the Yale Law Journal. After graduation from law school, he served as Law Clerk to the Honorable Wm. Matthew Byrne, US District Court for the Central District of California.

Bar Admissions

District of Columbia

New York

California

Education

Yale Law School, 1980, J.D.

University of California at Los Angeles, 1977, B.A.


Bruce Keller currently serves as an Assistant United States Attorney for the District of New Jersey, where he has worked on a wide range of matters including political corruption cases (such as Bridgegate and the conviction of Bergen County Democratic Organization Chairman Joseph Ferriero) identity theft, child pornography, violent crime and other matters.

Before that, Bruce led the intellectual property litigation practice at Debevoise & Plimpton LLP where litigated a number of widely publicized cases on behalf of:

  • ABC, CBS and NBC against Aereo (involving copyrights to their over- the-air broadcasts);
  • Sony Pictures (involving the mega-hit motion picture Spider-Man and the made-for-television movie “Who is Clark Rockefeller?");
  • Amazon (involving its Kindle device);
  • Howard Stern and CBS Radio (over the on-air handling of cremated remains);
  • the National Football League (involving multiple trademark and copyright matters including the copyright in the design of the Super Bowl® trophy); and
  • clothing retailer The Gap (involving the famous Gap trademark).

Mr. Keller is the co-author of two treatises. The first, with Jeffrey Cunard, is Copyright Law: A Practitioner’s Guide (Second Edition, 2015), published by Practising Law Institute. The second, The Law of Advertising, Marketing and Promotions (Law Journal Press 2011), was written with David Bernstein, a partner at Debevoise & Plimpton.

Mr. Keller, along with Mr. Cunard, also taught at Harvard Law School and was a Fellow at its Berkman Center for Internet and Society. In May 2008, both received the Berkman Award, the Center’s highest honor, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.

He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Boards of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others. He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.

Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.

Bar Admissions: New York, Massachusetts, New Jersey

Education
Boston University School of Law, 1979, J.D.
Cornell University, 1976, B.S.


James C. Goodale’s current book Fighting for the Press: the Inside Story of the Pentagon Papers and Other Battles was named as best book for 2013 by Alan Rusbridger, editor in chief of The Guardian.  Goodale who led the Pentagon Papers case for the New York Times in 1971,was its vice chairman and general counsel.

He represented the Times in all of its Supreme Court cases including Branzburg v. Hayes in which the Times intervened on behalf of its reporter Earl Caldwell.  The other cases were New York Times v. Sullivan, New York Times Co., v. the United States (the Pentagon Papers case) and Tasini v. New York Times et al.

He has been called the “father of the reporter’s privilege” because of his interpretation of the Branzburg case in the Hastings Law Journal, 1975.  This led to the establishment of a reporter’s privilege to protect sources in most states and federal circuits.

After he left the New York Times in 1980, he joined the law firm of Debevoise & Plimpton LLP in New York City.  There he founded a corporate group and a litigation group dealing with media, communications and the First Amendment.  These groups have represented many well-known U.S. communication entities including The New York Times, CBS and NBC.

He served as chairman of the board for the Committee to Protect Journalists from 1989-1994.  During his tenure he built CPJ into a significant international force, instrumental in the release of imprisoned journalists around the globe.

From 1995-2010 he produced and hosted over 300 programs for “Digital Age,” a TV show about the effect of digital technology on media, politics and terrorism.  Guests included former Secretary of State Henry Kissinger, Senator Bob Kerrey, CIA Director James Woolsey, New York City Mayor Michael Bloomberg and Tom Brokaw (NBC).

Since 1977 he has taught First Amendment and Communications law at Yale, New York University and Fordham Law Schools and has authored over 200 articles in publications such as the New York Times, the New York Review of Books and the Stanford Law Review.