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Communications Law in the Digital Age 2013


Speaker(s): Adam Liptak, Andrew P. Bridges, Barbara W. Wall, Bruce D. Brown, Bruce E. H. Johnson, Bruce P. Keller, Cristina Chou Pauzé, Dale M. Cohen, Darci J. Bailey, David A. Schulz, David Bender, David E. McCraw, Eve B. Burton, Floyd Abrams, George Freeman, Gillian M. Lusins, Hon. Mark R. Hornak, Hon. Robert D. Sack, Jack M. Weiss, James C. Goodale, Jane E. Kirtley, Jane E. Mago, Jeffrey P. Cunard, Jennifer L. Pariser, John Bergmayer, Jonathan D. Hart, Karen Kaiser, Kathleen A. Kirby, Kathleen M. Sullivan, Katrina Blodgett, Kelli L. Sager, Kevin T. Baine, Lee Levine, Lucy A. Dalglish, Lyrissa Barnett Lidsky, Mark Stephens, CBE, Mary Snapp, Pamela A. Bresnahan, Paul M. Smith, Prof. Susan P. Crawford, RonNell Andersen Jones, S. Jenell Trigg, Sandra S. Baron, Sherrese M. Smith, Stephanie S. Abrutyn, Steven G. Brody, Sue Friedberg, Thomas S. Leatherbury
Recorded on: Nov. 14, 2013
PLI Program #: 42282

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.


Floyd Abrams is a senior partner in the New York law firm of Cahill Gordon & Reindel llp and the author of “Friend of the Court:  On the Front Lines with the First Amendment” (2013) and “Speaking Freely:  Trials of the First Amendment” (2005).

Mr. Abrams has argued frequently in the Supreme Court in a large number of its most significant First Amendment cases.  He was co-counsel to The New York Times in the Pentagon Papers case; counsel to the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; counsel to Senator Mitch McConnell and the National Association of Broadcasters in a First Amendment-rooted challenge to the constitutionality of the McCain-Feingold campaign finance legislation; counsel to Senator McConnell in the Citizens United case; and counsel to many journalists, including Judith Miller and Myron Farber, who sought to protect the identity of their confidential sources.  He has represented The New York Times, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader’s Digest, The McGraw-Hill Companies, Inc. and numerous other clients in trials and appeals.

Mr. Abrams graduated from Cornell University in 1956 and the Yale Law School in 1960.  He was a Visiting Lecturer at the Yale Law School from 1974 - 1980, 1986 - 1989, 2012 - 2013, and 2015 - 2016, at the Columbia Law School from 1981 - 1985, and served from 1994 to 2009 as the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism.

Mr. Abrams has received many awards including the Yale Law School Association Award of Merit (2015), Lifetime Achievement Awards of the CUNY School of Journalism, the American Lawyer, the New York Law School Journal and the Fred Friendly Lifetime Achievement Award of Quinnipiac University, the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York.  Other awards include the William J. Brennan, Jr. Award of the Libel Defense Resource Center; the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York; the Ross Essay Prize of the American Bar Association; and awards from, among others, Catholic University, the American Jewish Congress, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.

Mr. Abrams served on the Technology and Privacy Advisory Committee of the United States Department of Defense in 2003-2004 and as the chair of the New York State Commission on Public Access to Court Records in 2004.  He also served as chairman of Mayor Edward Koch’s Committee on Appointments, New York City and as the Chairman of the New York State Zenger Commemoration Planning Committee.  Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.  He has appeared frequently on television on CNN, MSNBC, “Charlie Rose” and other programs and has published numerous articles in The New York Times, The Washington Post, The Wall Street Journal and elsewhere.


Jane Mago, Executive Vice President and General Counsel, directs the work of the NAB legal department. She is responsible for all aspects of NAB's legal strategy and for ensuring that NAB's pleadings before the FCC, the Courts, and other administrative agencies effectively advocate on behalf of NAB's members.  Her areas of expertise include Constitutional issues (including First Amendment matters), FCC ownership rules, political broadcasting, EEO, administrative law, enforcement and licensing matters. 

Jane joined the NAB in 2004 after more than 26 years at the FCC. Her prior work at the FCC included many high level positions such as General Counsel, Chief of the Office of Strategic Planning and Policy Analysis, Deputy Chief of the Enforcement Bureau and legal advisor to three commissioners.

Jane is a member of the New York Bar. Jane holds BA, MA and JD degrees from the State University of New York at Buffalo. She lives in McLean, Virginia with her husband, Robert Blau, and their three children.


Lyrissa Barnett Lidsky   

Primary Areas of Practice:  Mass Media Law

Law School:  University of Texas School of Law  


Work History

Professor Lidsky joined the faculty of the  University of Florida's Levin College of Law in 1994, after clerking for the Honorable Joseph T. Sneed on the U.S. Court of Appeals for the Ninth Circuit. She currently holds the Stephen C. O'Connell Chair in Law.

She teaches Mass Media Law, First Amendment Law, Torts, and other courses. Her research focuses on the intersection of Tort Law and the First Amendment, and she is the co-author, with Marc Franklin and David Anderson, of the most widely adopted Mass Media Law casebook in American law schools. She has also co-authored a First Amendment Law casebook and a reference book on Freedom of the Press. Her research on social media includes law review articles in leading journals, with titles such as Public Forum 2.0; Incendiary Speech and Social Media; How Not to Criminalize Cyberbullying, and Public Forum 2.1: Public Higher Education Institutions and Social Media, all of which are available at http://ssrn.com/author=247860. Her research on anonymous speech has been cited in opinions by state and federal appellate courts and the Supreme Court of Canada. She blogs at PrawfsBlawg, available at http://prawfsblawg.blogs.com/, and tweets about Communications Law 

Professional Memberships

Editorial Board Member, Communications Law and Policy (peer-reviewed law journal) (2011-present).

Florida Bar Member, since 1994.   


Sandra S. Baron is currently Executive Director of the Media Law Resource Center (MLRC),  a non-profit membership association for content creators and providers in all media, and for their defense lawyers, providing a wide range of resources on media and content law and policy issues. These include news and analysis of legal, legislative and regulatory developments; litigation resources and practice guides; and national and international media law conferences and meetings. MLRC also works with its membership to respond to legislative and policy proposals, and speaks to the press and public on media law and First Amendment issues. MLRC and its sister organization, the MLRC Institute, work to educate public on media law and First Amendment issues and provide information and materials for others to do so.

In addition to private practice, including as an associate at Cahill Gordon & Reindel, Ms. Baron has served as Senior Managing Attorney at the National Broadcasting Company, Inc., as Associate General Counsel of the Educational Broadcasting Company, in New York, and the counsel for Public Broadcasting's American Playhouse. She regularly serves on local, state and national bar association media, communications, and internet law committees and is a member of the American Law Institute. She has taught media law to journalism students including as adjunct at CUNY's Graduate School of Journalism, and spoken at numerous forums. She was co-author of the second edition of Libel, Slander and Related Problems, and has written articles for MLRC and other publications on media law topics. She received her B.A. from Brandeis University and her J.D. from Columbia University School of Law.


Position/Title:   Senior Vice President & General Counsel

Firm or Place of Business:     The Hearst Corporation

Primary Areas of Practice:     Overall responsibility of day-to-day management for the Office of General Counsel, which provides legal services to all of Hearst’s 250 businesses around the world, including labor relations, government affairs and corporate human resources. She is also one of Hearst’s leaders in establishing worldwide strategic enterprise deals with partners, including Apple, Amazon and Google, among others.  Eve is a member of CEO’s strategic advisory group and also a member of the Hearst Venture Investment Committee.

Education:    J.D. Columbia University School of Law

Work History:    Prior to joining Hearst, Burton served as vice president and chief legal counsel at Cable News Network (CNN) where she oversaw all legal matters relating to news and other programming on CNN networks and websites.

From 1998 to 2000, Burton was vice president and deputy general counsel at the New York Daily News. She joined the Daily News in 1995 as vice president and assistant general counsel. She began her career at the law firm of Weil, Gotshal & Manges, after serving as a law clerk for the Hon. Leonard B. Sand in the United States District Court, New York. Burton was a Fulbright Research Scholar at Thammasat University in Bangkok, Thailand.

Professional Memberships:    Burton is on the Board of Directors at The Hearst Corporation and AOL (acquisition by Verizon pending).  She is also a Trustee of Middlebury College and a member of the advisory board of the David and Helen Gurley Brown Institute for Media Innovation at Stanford and Columbia Universities, as well as a visiting lecturer of constitutional law and journalism at Columbia University's Graduate School of Journalism.


Adam Liptak covers the Supreme Court for The New York Times.  Liptak’s column on legal affairs, “Sidebar,” appears every other Tuesday.

A graduate of Yale College and Yale Law School, Liptak worked at Cahill Gordon & Reindel and in the legal department of The New York Times Company before joining the paper’s news staff in 2002. 

Liptak was a finalist for the Pulitzer Prize in explanatory reporting in 2009 for “American Exception,” a series of articles examining ways in which the American legal system differs from those of other developed nations.  He received the 2010 Scripps Howard Award for Washington reporting for a five-part series on the Roberts Court.

He was awarded Hofstra University’s Presidential Medal and an honorary doctorate from Stetson University College of Law.

Liptak is a visiting lecturer at the University of Chicago Law School and Yale Law School.


Andrew Bridges represents innovators and their companies in a wide variety of important matters typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, and commercial law matters.  He advises entrepreneurs and companies that develop or promote new products, technologies, or business models in the face of potential legal challenges.  In addition, he has advised many important Internet and technology companies on their branding and trademark portfolios as well as litigating their rights.

Among his major litigation successes are:

  • Defending Diamond Multimedia in RIAA v. Diamond Multimedia (challenge to MP3 players)
  • Defending Google in Perfect 10 v. Google (Amazon.com)(challenge to search engine)
  • Defending MasterCard in Perfect 10 v. VISA and MasterCard (challenge to payment processing for alleged infringers)
  • Defending ClearPlay in Huntsman v. Soderbergh (challenge to DVD replay filtering software)
  • Enforcing Bare Escentuals’ rights against Intelligent Beauty (trademark and false advertising)
  • Representing Richard O’Dwyer (UK university student) in avoiding extradition from UK and prosecution in US for operating linking site
  • Representing owner of dajaz1.com in recovering domain after seizure by Homeland Security in Operation In Our Sites
  • Defending Giganews in Perfect 10 v. Giganews (challenge to Usenet service provider; obtained award of $5.6 million in attorneys’ fees for prevailing defendants)

He has authored several important amicus curiae briefs, including representation of eBay, Facebook, IAC/InterActiveCorp, and Yahoo! in Viacom v. YouTube (2d Cir.) and 11 Internet companies in Garcia v. Google (9th Cir.).

 Honors and Accolades

  • California State Bar Intellectual Property Section Vanguard Award winner (private practice category), 2014
  • LA and SF Daily Journal, Top 100 Lawyers in California (2008); Top100 IP Lawyers/Litigators in California (2008-2014)
  • Chambers USA, frequently Band 1 or 2 in Trademark, Copyright, and Trade Secrets, California; Chambers Global
  • World Trademark Review WTR1000, Band 1 in Trademark Litigation – California
  • Legal Media Group “Best of the Best” in Trademark Law
  • Best Lawyers in America (IP Lit., Copyright, Trademark)

 Education

  • Harvard Law School, J.D. cum laude 1983
  • University of Oxford (Merton College), B.A. in philosophy and ancient history, 1980; M.A., 1985
  • Stanford University, A.B. in Greek and Latin with distinction, Phi Beta Kappa, 1976

 Positions and Memberships

  • Early Neutral Evaluator, U.S. District Court, N.D. Cal.
  • WIPO Domain Name Arbitrator
  • Member of Advisory Board, Electronic Frontier Foundation
  • Law Clerk to Hon. Marvin H. Shoob, U.S. District Court for the Northern District of Georgia (1983-85)
  • Active in numerous organizations, including:
    • Copyright Society of the USA
    • International Trademark Association
    • International Technology Law Association
    • Media Law Resource Center
    • American Intellectual Property Law Association
    • American Bar Association
    • Federal Bar Association
    • International Bar Association
    • American Society for International Law
    • Association of Business Trial Lawyers
    • United States Council for International Business
    • Digital Economy and Intellectual Property Commissions, International Chamber of Commerce
    • Business and Industry Advisory Committee to OECD
  • Trustee, American School of Classical Studies at Athens


Bruce D. Brown is executive director of the Reporters Committee for Freedom of the Press and co-directs the First Amendment Clinic at the University of Virginia Law School.  He received a J.D. from Yale Law School, a master’s degree in English Literature from Harvard University, and a bachelor’s degree in English Literature from Stanford University.

He was previously a partner in Baker Hostetler’s media law practice.  He has argued press cases in the U.S. Court of Appeals for the D.C. Circuit, the U.S. Court of Appeals for the Fourth Circuit, and the District of Columbia Court of Appeals.

Brown was a federal court reporter for Legal Times and a newsroom assistant to David Broder at The Washington Post.  Brown’s published work has appeared in The New York Times, The Wall Street Journal, The Washington Post, The American Lawyer, The Economist, USA Today, Legal Times, Communications Lawyer, The National Law Journal, and Columbia Journalism Review.


Cristina Pauzé joined Time Warner Cable as Vice President, Regulatory Affairs, in September 2008.  In this role, she represents the company before the Federal Communications Commission and other regulatory agencies in matters affecting TWC's video business.

Before joining TWC, Ms. Pauzé was an attorney at the FCC, serving as Legal Advisor, Media, for Commissioner Robert McDowell and as an Associate Bureau Chief of the Media Bureau.  Prior to working at the FCC, Ms. Pauzé represented media and communications clients in regulatory matters at Morrison & Foerster, served as an advisor for the Assistant Secretary of the National Telecommunications and Information Administration in the U.S. Department of Commerce, and negotiated transactions as senior counsel at Teleglobe Communications Corp. 

Ms. Pauzé is a member of the Federal Communications Bar Association.

She is a graduate of Duke University and received her J.D. from Vanderbilt University School of Law.

Ms. Pauzé resides in Arlington, VA, with her husband and two sons.

Time Warner Cable is among the largest providers of video, high-speed data and voice services in the United States, connecting more than 15 million customers in 29 states to entertainment, information and each other. Time Warner Cable Business Class offers data, video and voice services to businesses of all sizes, cell tower backhaul services to wireless carriers and, through its NaviSite subsidiary, managed and outsourced information technology solutions and cloud services. Time Warner Cable Media, the advertising arm of Time Warner Cable, offers national, regional and local companies innovative advertising solutions. More information about the services of Time Warner Cable is available at www.twc.com, www.twcbc.com, www.navisite.com, and www.twcmedia.com. 


Dale Cohen is an experienced media lawyer, executive and educator currently serving as Special Counsel for FRONTLINE, WGBH's news documentary series.  Dale has long and happily grappled with media law and related issues as in-house counsel, as a litigator and as a professor.  In addition to his work at FRONTLINE, Dale is currently a lecturer in law at the UCLA School of Law.  Prior to his current gig, Dale served as Vice-President-Administration for Radio Free Europe in Prague.  Dale has also worked in legal and executive positions at Cox Enterprises, Tribune Company and NPR.

Before going in-house, Dale was a litigation partner concentrating in media, first amendment law and intellectual property for Sonnenschein Nath & Rosenthal in Chicago.  Dale has also taught as an adjunct professor at the University of North Carolina School of Law, Emory University, the Merrill College of Journalism at the University of Maryland and the Medill School of Journalism at Northwestern University.  He is a co-author of Media and the Law (2d Ed.) (LexisNexis 2014).


David Bender is an Adjunct Professor at the University of Houston Law Center, and also at Pace University Law School, where he teaches Privacy Law.  Before his retirement from active practice, he had extensive Privacy, Intellectual Property, and Information Technology litigation, counseling, and transactional experience.  In 1985 he was a founder of the IP practice at White & Case.  Before retiring from White & Case, he headed the firm’s global privacy practice.

Mr. Bender served in-house at AT&T for ten years, during the latter half of which he was responsible for all IP litigation brought by or against any Bell System company.  Before that, he spent five years engaged in antitrust litigation.  And before turning to the law, he served as an engineer with the Ford Motor Company’s aerospace division and as a mathematician with Hughes Aircraft.                                                                                                                                          

Bar Admissions:  New York; US Patent and Trademark Office

Publications:   Bender on Privacy and Data Protection (4th ed. 2013 LexisNexis); Computer Law published in 1978 and presently in Release #67 (LexisNexis, 6 loose-leaf volumes); over 100 articles in law reviews and conference proceedings.

Memberships:

  • International Association of Privacy Professionals
  • International Technology Law Association (President, 1999-2000)
  • Association of the Bar of the City of New York 

Super Lawyers:

  • New York City Metro Super Lawyer in Information Technology (2006 -- 2011).
  • One of the 25 best lawyers in the Westchester Co. Area (2009 - 2011)

Speaking:

Over 250 presentations across the United States and in 19 other nations at conferences sponsored by numerous organizations.


George Freeman is Executive Director of the Media Law Resource Center (MLRC), a post he assumed in September 2014.  Before that, he had been Of Counsel to the law firm of Jenner & Block.  Prior to joining Jenner, Mr. Freeman was Assistant General Counsel of the New York Times Company for more than 20 years – and a member of the company’s legal team for 11 years before that.  During his time there, Mr. Freeman was at the forefront of numerous high-profile cases for the New York Times and the company’s affiliated newspapers, broadcast properties, magazines and Internet sites, including many involving libel, invasion of privacy and  other First Amendment issues, as well as copyright, trademark, antitrust, employment discrimination and business and contractual matters.  During his 31-year tenure, The New York Times newspaper did not lose one libel or privacy suit, or settle one for dollars.

Mr. Freeman also serves as William J. Brennan, Jr. Visiting Professor of First Amendment Issues at Columbia Journalism School, Adjunct Professor of Media Law and Ethics at New York University and Adjunct Professor of Media Law at the City University of New York’s Graduate Journalism School.  He has also been a member of the Practising Law Institute’s Communications Law faculty since 1985.

Mr. Freeman is a frequent lecturer and moderator of panels on First Amendment issues and has served as Chair of the American Bar Association’s Forum on Communications Law, Co-Chair of the ABA Section of Litigation’s First Amendment and Media Litigation Committee and Chair of the New York State Bar Association’s Media Law Committee.  He co-founded the ABA Boca Conference, an annual conference attended by 250 media/First Amendment attorneys, which is now in its 20th year.

Mr. Freeman graduated from Amherst College, magna cum laude, and graduated with honors from Harvard Law School.  He lives in Pelham, New York with his wife Annie.  They have two children, Jenny, a young lawyer, and Griff.


Jack Weiss joined the New Orleans office of Liskow & Lewis on September 1, 2016. Founded in 1935, the firm has grown to more than 130 attorneys in New Orleans and Lafayette, Louisiana, and Houston, Texas.

Mr. Weiss is Chancellor Emeritus of the LSU Paul M. Hebert Law Center. From 2007 to 2015, Mr. Weiss served as Chancellor (Dean) of the LSU Law Center and Professor of Law. At LSU, Mr. Weiss taught   courses in First Amendment Rights of Expression and Association, Media Law, and Comparative Media Law.

From 1998 to 2007, Mr. Weiss was a partner in the New York office of Gibson, Dunn & Crutcher, LLP.  Mr. Weiss served as principal outside publication counsel to Dow Jones & Company, Inc., the publisher of The Wall Street Journal, Barron’s, and their respective online editions. From 1975 to 1998, Mr. Weiss practiced law in New Orleans. There, Mr. Weiss served as lead counsel to the Times-Picayune for more than twenty years and represented numerous other major publishing and broadcast clients. For many years, Mr. Weiss was listed in The Best Lawyers in America for First Amendment law and was ranked by Chambers USA as one of the top lawyers in the New York media and entertainment bar.

In both Louisiana and New York, Mr. Weiss advised leading media organizations on a wide variety of sensitive publication matters and played a leading role in defending the nation’s media in significant First Amendment litigation.

Beginning in 1980, Mr. Weiss taught as an adjunct faculty member at Columbia, Tulane, and Louisiana State University Law Schools. From 2001 to 2007, he co-taught a seminar at Columbia Law School, “The First Amendment and the Institutional Press”, with Judge Robert D. Sack of the United States Court of Appeals for the Second Circuit. From 1998 to 2007, he was the principal speaker on libel law at the annual Communications Law conference of the Practicing Law Institute. He has served on the Governing Board of the ABA Forum on Communications Law, and as a member of the Media Law Committees of the New York City and New York State Bar Associations. From its inception in 1982 until 2010, Mr. Weiss was the Louisiana reporter for the Media Law Resource Center’s 50 State Annual Surveys of Libel and Privacy Law. He also served as the first Louisiana Reporter for the Survey of State Public Records and Open Meetings Laws published periodically by the Reporters’ Committee for the Freedom of the Press. Mr. Weiss is a member of the New York, District of Columbia, and Louisiana bars. He is a member of the American Law Institute.

Mr. Weiss served as law clerk to Chief Justice Warren E. Burger of the Supreme Court of the United States from 1972 to 1973, and as law clerk to the Honorable John Minor Wisdom of the United State Court of Appeals for the Fifth Circuit from 1971 to 1972. He earned his Juris Doctor degree magna cum laude in 1971 from Harvard Law School, where he was Treasurer and Managing Editor of the Harvard Law Review. In 1968, Mr. Weiss graduated cum laude with high honors in English Literature from Yale University, where he was elected to Phi Beta Kappa.

Mr. Weiss has been married to the former Ann Robinson since 1969. He is the father of three children, David (39), Eli (36), and Anne (30) and five grandchildren.


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.


JANE E. KIRTLEY is the Silha Professor of Media Ethics and Law at the School of Journalism and Mass Communication at the University of Minnesota. She is also Director of The Silha Center for the Study of Media Ethics and Law and an affiliated faculty member at the University of Minnesota Law School. In 2004, she was a Distinguished Visiting Professor of Law at Suffolk University Law School in Boston, Massachusetts, and in 2012, an Adjunct Professor of Law in the London Law Programme for the University of Notre Dame Law School. Prof. Kirtley was a Fulbright Scholar teaching U.S. media law and media ethics at the University of Latvia’s Law Faculty in Riga during Spring 2016.

Prof. Kirtley speaks frequently on media law and ethics issues in the United States and abroad, most recently in Panama and Colombia. She has addressed countless journalism groups such as the Society of Professional Journalists (SPJ) and the Associated Collegiate Press, as well as attorneys and judges through the Practising Law Institute, the National Foundation for Judicial Excellence, the Canadian Media Lawyers Association (Ad IDEM) and many state bar associations. 

Prof. Kirtley has written friend of the court briefs in media law and Freedom of Information Act cases, as well as many articles and chapters on media law and media ethics for scholarly journals and the popular and professional press. In 2010, her Media Law handbook was published by the U.S. Department of State, and has been translated into nine languages. She co-authored a textbook, Media Ethics Today, which was published in 2016.

Prof. Kirtley was Executive Director of The Reporters Committee for Freedom of the Press for 14 years. Prior to that, she was an attorney with the law firm Nixon, Hargrave, Devans and Doyle in Rochester, N.Y. and Washington, D.C. She is a member of the New York, District of Columbia, and Virginia bars, as well as several federal district and appeals courts and the Supreme Court of the United States. Prof. Kirtley also worked as a reporter for the Evansville (Indiana) Press and The Oak Ridger and Nashville Banner (Tennessee).

Prof. Kirtley serves on the boards of the Sigma Delta Chi Foundation, the Minnesota Coalition on Government Information, the Digital Media Law Project, Communication Law and Policy and the Journal of Media Law and Ethics. Prof. Kirtley’s honors include the National Scholastic Press Association’s Pioneer Award and the SPJ-Minnesota Pro Chapter’s Peter S. Popovich Award for Freedom of Information in 2011; the Edith Wortman First Amendment Matrix Foundation Award in 2004; induction into the Medill School of Journalism’s Hall of Achievement in 1999 and the inaugural class of the FOI Hall of Fame in 1996; and the John Peter Zenger Award for Freedom of the Press and the People’s Right to Know from the University of Arizona in 1993. She was a Pulitzer Prize juror in 2015.

Prof. Kirtley received her J.D. degree from Vanderbilt University Law School, where she was Executive Articles Editor of the Vanderbilt Journal of Transnational Law. She holds bachelor and master of journalism degrees from Northwestern University’s Medill School of Journalism.


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.


Karen Kaiser was named Senior Vice President, General Counsel and Corporate Secretary for The Associated Press in 2014. In her role as General Counsel, Karen is responsible for overseeing the operations of the AP’s legal department across two offices, in NY and London. She oversees all editorial, litigation, intellectual property, contract and licensing, and corporate legal matters for the company. She also counsels the company on all legal policy considerations. As Corporate Secretary, Karen provides corporate governance advice on a variety of issues impacting the company and the Board.

Karen has twice been honored (in 2014 and 2016) as one of “America’s 50 Outstanding General Counsel” by the National Law Journal for her protection of AP’s First Amendment rights. In 2014, the award was given to Karen for leading AP’s legal response to the Department of Justice’s seizure of AP’s phone records, and in 2016, the award was for Karen’s championing of AP’s First Amendment rights on multiple matters.

Karen joined AP in 2009. Prior to becoming General Counsel, Karen was Associate General Counsel for newsroom legal matters. In that role, Karen counseled the AP newsroom globally on all editorial matters including subpoena defense, government investigations, reporter’s privilege, newsgathering and source issues, libel defense, prepublication review, FOIA, and access issues. Following the DOJ’s seizure of AP’s phone records in May 2013, Karen advocated for AP’s interests in high-level Department of Justice discussions that led to revisions to the DOJ guidelines for subpoenas to members of the press. Karen received AP’s Oliver S. Gramling Achievement Award in 2013 for her work on the DOJ phone records case. And in 2014, AP received the SPJ Eugene Pulliam First Amendment Award for the work done in the AP-DOJ phone records dispute. Karen continues to serve as part of the DOJ’s News-Media Task Force, where she meets routinely with the Attorney General and DOJ attorneys on issues of importance to the press.

As First Amendment counsel at AP, Karen was also responsible for drafting and negotiating appeals with federal and state agencies on FOIA denials, and has drafted and filed more than 200 appeals. These FOIA efforts were highlighted in a New York Times article in February, 2010, and AP’s 2009 and 2010 FOIA efforts were honored with the SPJ Eugene Pulliam First Amendment Award in August 2011. In May 2015, Karen testified before the Senate Judiciary Committee in support of stronger FOIA reforms. The bill passed the Senate in early 2016.

Karen is on the Steering Committee of the Reporters Committee for Freedom of the Press. She is a frequent panelist, guest lecturer and speaker at national and regional conferences and educational seminars, and serves on various media law committees and on the board of the Forum on Communications Law of the American Bar Association.

Prior to joining AP, Karen was Senior Counsel at Tribune Company, where she was responsible for editorial, litigation, and transactional legal services for several daily newspapers, including The Baltimore Sun and The Hartford Courant.  She counseled these and other papers on subpoena defense, litigation, access, FOIA, and prepublication review. Karen helped pass the Connecticut Reporter’s Shield Law by co-drafting the legislation and testifying before Connecticut’s joint judiciary committee in 2006.

Previously, Karen was a senior litigation associate at the NY law firm of Cahill Gordon & Reindel, where she worked on First Amendment cases such as the Valerie Plame CIA Leak Investigation and the Wen Ho Lee case. Before joining Cahill, Karen clerked for the Honorable Kevin Thomas Duffy in the Southern District of New York. 

Karen holds a B.A. in Philosophy and Economics from The University of Pennsylvania, and a J.D. from Fordham Law School.


KATHLEEN A. KIRBY is a Partner with Wiley Rein LLP Washington, DC and Co-Chair of the firm’s Telecom Media and Technology practice.  Kathy represents media clients, including major radio and television group owners and programming networks, on a host of business and transactional issues as well as regulatory matters before the Federal Communications Commission (FCC). She has additional expertise in newsgathering, content regulation, and First Amendment issues. Regularly rated by Chambers USA as one of Washington, DC’s “Leading Lawyers” in her field, Kathy is commended for “her work on First Amendment and FCC matters” and her “responsiveness and proactive approach, and is acknowledged for her “superior subject expertise, commitment to her clients, and great connections within the industry.”

Kathy has long served as counsel to the Radio Television Digital News Association News Association (“RTDNA”), advising electronic journalists on a variety of legal and legislative matters, including freedom of information, privacy, libel, content regulation, copyright and other First Amendment issues.  She is an inductee of the National Freedom of Information Hall of Fame, the recipient of RTDNA’s Rob Downey award, was recently honored with the First Amendment Leadership Award from the Radio-Television Digital News Foundation, and was chosen by the National Law Journal as one of the nation’s 75 Outstanding Women Lawyers. 

Before attending law school, Ms. Kirby worked for almost a decade as a radio broadcaster in New York and Connecticut, where she gained extensive experience first as a reporter and news anchor, then in management positions in operations, sales, and marketing.

Kathy obtained her J.D. degree as a Dean’s Scholar from the Catholic University of America, where she served as Executive Editor of the Catholic University Law Review.  Kathy simultaneously completed coursework in Catholic University’s Institute for Communications Law Studies.  She received her bachelor’s degree in accounting and marketing from the University of Virginia, where she was selected for Lawn Residence on the basis of leadership and academic merit, and was instrumental in founding one of the country’s first student-owned and operated commercial radio stations. 

Kathy serves on the Media Institute’s First Amendment Advisory Council.  She is an active member of both the Federal Communications Bar Association (FCBA) and the American Bar Association’s Forum on Communications Law (ABA Forum), and has held various leadership positions within each throughout her career, currently serving as Chair of the FCBA Foundation’s Board of Trustees and the ABA Forum’s Governing Board.  In addition, she serves on Wiley Rein’s two governance committees, the Executive Committee and the Management Committee.


Katrina Ane Blodgett is a staff attorney with the Division of Privacy and Identity Protection, Bureau of Consumer Protection, at the Federal Trade Commission in Washington, D.C.  Ms. Blodgett investigates and prosecutes violations of U.S. federal laws governing the privacy and security of consumer information, as well as violations of the Fair Credit Reporting Act.  The most recently announced cases on which she worked are Time Warner Cable and Upromise.  In addition to case work, Ms. Blodgett has served as Counsel to the Director of the Bureau of Consumer Protection, providing guidance and advice on advertising and financial product and service issues, and a rotation in the FTC’s Office of International Affairs, where she participated in the work of the OECD and the London Action Plan. 

Before joining the Federal Trade Commission staff, Ms. Blodgett was an associate with Arnold & Porter LLC in Washington, D.C.  Ms. Blodgett clerked for the Hon. Priscilla Owen at the Texas Supreme Court and the Hon. Royce C. Lamberth at the U.S. District Court for the District of Columbia.


Kelli L. Sager is a partner in Davis Wright Tremaine LLP’s Los Angeles office, and has more than 30 years of experience representing broadcasters, cable companies, film producers and distributors, newspapers and magazines, book authors, and Web publishers, at the trial and appellate level of federal and state courts.  Her practice encompasses all areas of media and entertainment litigation, including misappropriation, defamation, privacy, idea submission claims, prior restraint, copyright and trademark law, and Internet law.

The Los Angeles Daily Journal named her among its 2015 Top Intellectual Property Litigators, as well as one of its 2015 Top Women Litigators and 2015 Top 100 Lawyers in California.  Kelli has also been included in The Hollywood Reporter's Power Lawyer List since 2007, included as one of Lawdragon’s 500 Leading Lawyers in America since 2005, and has been ranked by Chambers USA for seven consecutive years in its top tier of media attorneys in the country.  Kelli also was named Best Lawyers’ 2016 Los Angeles Media Law “Lawyer of the Year,” the second time she has received this honor.  Kelli is the former Chair of the ABA Forum on Communications Law, and has served as Western Division representative since 2002.  She served as the Chair of the International Bar Association’s Media Committee from 2009-2011, as well as previously serving as President of the Media Law Resource Center's Defense Counsel Section.


Kevin T. Baine is a partner at Williams & Connolly LLP. He began his legal career by serving as a law clerk for Judge Edward Weinfeld of the United States District Court for the Southern District of New York and then for Thurgood Marshall on the United States Supreme Court.

For over three decades, Mr. Baine has litigated cases raising issues of freedom of speech, freedom of the press, and freedom of religion.  He has represented many of the country’s major media organizations in defamation, invasion of privacy, copyright infringement and other cases throughout the country.  He has also served as counsel for numerous churches and religious organizations in free exercise and establishment clause litigation.  He has argued several cases in the United States Supreme Court and has filed amicus briefs on behalf of media and religious organizations in numerous others.

Mr. Baine is a member of the Board of Overseers of the University of Pennsylvania Law School.


Lucy A. Dalglish became Dean of the Philip Merrill College of Journalism at the University of Maryland on August 1, 2012. Located inside the Washington Beltway, Merrill College is one of the nation’s leading journalism schools. Its undergraduate, masters and doctoral programs produce journalists and scholars prepared to inform the public using cutting-edge techniques and technologies.

Dalglish served as executive director of the Reporters Committee for Freedom of the Press from 2000 to 2012. The Reporters Committee is a voluntary, unincorporated association of reporters and news editors dedicated to protecting the First Amendment interests of the news media. Based in Arlington, Va., the Reporters Committee has provided research, guidance and representation in major press cases in state and federal courts since 1970.

Prior to assuming the Reporters Committee position, Dalglish was a media lawyer for almost five years in the trial department of the Minneapolis law firm of Dorsey & Whitney.

From 1980 to 1993, Dalglish was a reporter and editor at the St. Paul Pioneer Press. As a reporter, she covered beats ranging from general assignment and suburbs to education and courts. During her last three years at the Pioneer Press, she served as night city editor, assistant news editor and national/foreign editor.

Dalglish was awarded the Kiplinger Award by the National Press Foundation in 2012 for her service to journalism. In September 2015, she was named a Fellow of the Society by the Society of Professional Journalists, which also awarded her the Wells Memorial Key, the highest honor bestowed by the Society of Professional Journalists, in 1995. A year later, she was one of 24 journalists, lawyers, lawmakers, educators, researchers, librarians and historians inducted into the charter class of the National Freedom of Information Act Hall of Fame in Washington, D.C.

Dalglish appears frequently in print, online and broadcast stories about issues involving the media and the First Amendment. She has been a national leader in supporting open meeting and open records laws at the state and federal level, as well as a key player over the past 10 years in the effort to pass state and federal reporters “shield laws.” She serves on the boards or advisory committees of the American Society of News Editors, the Sunshine in Government Initiative, and the Maryland, DC, Delaware Press Association Foundation.

At the University of Maryland, she has chaired search committees to hire deans for the business school and the vice president and university counsel.  She co-chaired a self-review of the university’s Honors College and served on a task force to investigative a partnership with the Corcoran Gallery of Art and College of Art and Design.

Dalglish has spoken in recent years before journalists, lawyers, judges and citizen groups in Washington, D.C., New York, Nashville, Reno, Las Vegas, Minneapolis, St. Paul, Chicago, Pittsburgh, Austin, Eugene, Houston, San Diego, Orlando, Honolulu, Long Beach, Seattle, Tacoma, Philadelphia, Albany, Boston, Phoenix, Atlanta, Kansas City, Montreal and Denver.

Dalglish earned a juris doctor degree from Vanderbilt University Law School in 1995; a master of studies in law degree from Yale Law School in 1988; and a bachelor of arts in journalism from the University of North Dakota in 1980. While attending UND, Dalglish worked as managing editor of the Dakota Student and as a reporter and editor for the Grand Forks Herald. She lives in McLean, Va., with her husband, Mark McNair.


Mary Snapp is Corporate Vice President and Deputy General Counsel of the Business Development and Evangelism Group (BD&E) in Microsoft's Law and Corporate Affairs department.

Mary leads the legal work for the team responsible for the company’s business development, strategic partnerships, developer relationships, and corporate strategy.  This includes complex commercial transactions as well as the relationship management of Microsoft’s partners.

A 25-year veteran of Microsoft, Mary joined the company in 1988 as Microsoft’s first female attorney. Prior to her current role, she for many years led the Products & Services Group, which provides legal support to Microsoft’s engineering, marketing and research teams.  She led teams engaged in commercial transactions and acquisitions, and counseling on matters such as intellectual property, privacy, competition law and regulatory compliance as related to the design, development, and distribution of hardware devices, software and services.

Before joining Microsoft, Mary was an attorney with the Seattle law firm now known as K&L Gates.   Mary began her career in public relations at General Motors’ corporate headquarters. She graduated from the University Of Michigan School Of Law, where she was Articles Editor for their Journal of International Law. She also holds an MBA from Wayne State University and was a Phi Beta Kappa graduate from the School of Journalism at the University of Kansas.

Mary is the recent past chair of the board of directors of Minority Corporate Counsel Association. She has served as executive sponsor of Legal and Corporate Affairs' diversity and inclusion efforts since 2002, overseeing the development of the department's diversity strategy and leadership team. Under Mary's leadership, the department developed a structured diversity team that has grown to over 70 employee volunteers driving initiatives in support of Microsoft's diversity and inclusion strategy.  She is also the executive sponsor of the department’s pro bono initiatives.

Mary is a frequent presenter on issues of diversity, privacy, and intellectual property licensing. She has been active as a community volunteer and on the board of directors in a number of human services and arts non-profit organizations over many years in the Puget Sound region. Mary currently serves on the board of directors for KCTS 9 Public Television, the YWCA of Seattle, King and Snohomish County and is a board member, and recent past chair, of ArtsFund.  She also serves on the campaign advisory committee for Ryther Child Center and the University of Michigan Law School Advisory Council.


Paul M. Smith is a partner at Jenner & Block LLP where he is Chair of the Appellate and Supreme Court Practice and Co-Chair of the Media and First Amendment, and Election Law and Redistricting Practices. He has had an active Supreme Court practice for more than three decades, including oral arguments in 19 Supreme Court cases involving matters ranging from free speech and civil rights to civil procedure. Among his important victories have been Lawrence v. Texas, the landmark gay rights case, and Brown v. Entertainment Merchants Ass’n, establishing the First Amendment rights of those who produce and sell video games.

Chambers USA has repeatedly named Mr. Smith one of the country’s leading lawyers in appellate litigation, media and entertainment law, and First Amendment litigation. In 2010, Washingtonian magazine recognized him as one of "Washington's Top Lawyers,” Washington DC Super Lawyer named him one of the “Top 10 Lawyers in D.C.,” and The National Law Journal named him one of the "Decade's Most Influential Lawyers.” Best Lawyers named him the Washington DC First Amendment Lawyer of the Year for 2012. Mr. Smith was awarded the Thurgood Marshall Award by the American Bar Association Section of Individual Rights and Responsibilities for his work promoting civil rights and civil liberties.

Mr. Smith represents the members of the D.C. Bar in the ABA House of Delegates.  He was a member of the D.C. Bar Board of Governors from 2002-2008. He is a member and former chair of the National Board of Directors of the American Constitution Society and former board member and co-chair of Lambda Legal. He is also a member of the Board of Directors of the Washington Lawyers Committee for Civil Rights and Urban Affairs.

Mr. Smith attended Amherst College and  Yale Law School.  He clerked for Judge James L. Oakes on the US Court of Appeals for the Second Circuit and for Supreme Court Justice Lewis F. Powell Jr.


Primary Areas of Practice:    Civil appellate law, media litigation, and business litigation

 

Law School:    Yale Law School, 1979

 

Work History:

  • Law Clerk to the Hon. Robert M. Hill, U.S. District Judge for the Northern District of Texas (1979-80)
  • Locke Purnell (1980-92)
  • Vinson & Elkins L.L.P. (1992 – present)

 

Professional Memberships: 

Editorial Board:  Communications Lawyer

Board Chair:  National Association of Law Placement (NALP) Foundation

Fellow:  Texas Bar Foundation; Dallas Bar Foundation

Research Fellow:  The Center for American and International Law

Member:  American Law Institute (since 1998); Forum Committee on Communications Law, Council of Appellate Lawyers, Litigation and Tort & Insurance Practice Sections, American Bar Association; Litigation and Appellate Practice Sections, State Bar of Texas; Appellate and Business Litigation Sections, Dallas Bar Association


Sherrese Smith is a partner in the Telecommunications, Media, and Technology (TMT), Privacy and Cybersecurity, and Internet of Things practices at Paul Hastings and is based in the firm’s Washington, D.C. office. She is a highly regarded lawyer with significant private sector and high-level government experience in media, communications, Internet, and digital technology issues as well as privacy, security and data security issues.

Prior to joining Paul Hastings, she served as Chief Counsel for Chairman Julius Genachowski at the Federal Communications Commission. In this position, she managed the overall policy agenda for the agency and developed the FCC’s positions and key messages for all media, telecommunications, and mobile policy issues and specialized in the areas of media, Internet, video, broadcast, cable, broadband, IP, mobile and wireless spectrum issues, telemarketing issues, and data privacy and security.  Prior to joining the FCC in 2009, Ms. Smith was Vice President and General Counsel of Washington Post Digital.


Steven G. Brody is a partner in the law firm of Morgan, Lewis & Bockius LLP, based in its New York office. He has represented parties and amici curiae in many commercial speech cases, including numerous cases before the U.S. Supreme Court, federal circuit courts, and state supreme courts. Mr. Brody also counsels clients with respect to a broad range of advertising issues.

Mr. Brody frequently appears as a panelist to discuss First Amendment issues, including on panels at Practising Law Institute's annual communications law seminar in New York. He also has authored numerous articles on First Amendment issues. Among other publications, he is the co-author of "Advertising and Commercial Speech: A First Amendment Guide."

After graduating from Williams College, Mr. Brody obtained his J.D. from the University of Michigan Law School. Earlier in his career, he was a partner at Bingham Mccutchen, McKee Nelson, King & Spalding and Cadwalader Wickersham & Taft.


Sue Friedberg is a shareholder with Buchanan Ingersoll & Rooney PC and Associate General Counsel of the firm.  She supervises the firm's conflicts of interest review process and new business intake department and provides counsel for the firm as a business entity.  She also assists in directing the firm's continuing legal educational programs related to lawyers' professional responsibilities, professional liability risk management, conflicts of interest, confidentiality and data security, and attorney/client privilege. She has presented on those topics nationally and locally including the legal ethics component of Practicing Law Institute programs, ABA teleconference/webcasts; ABA Business Law Section programs, ABA Center for Professional Responsibility-National Conference, the Professional Education Network, Pennsylvania Bar Institute, and other legal ethics education programs.

Ms. Friedberg advises clients and the firm about the rapidly evolving standards of care for safeguarding confidential information. Working collaboratively with an organization’s management, legal counsel, and information technology and risk management professionals, Ms. Friedberg coordinates assessments of an organization’s data security risks and capabilities, prepares and reviews policies and procedures, and develops and conducts customized training programs.

Prior to becoming firm counsel in 2000, Ms. Friedberg concentrated her practice in securities law, , mergers and acquisitions and general business counseling. Ms. Friedberg earned her B.S. degree, magna cum laude, from Georgetown University and her J.D. degree, cum laude, from the University of Pittsburgh School of Law.


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


Specialising in International, Appellate and Complex litigation, Constitutional, Human Rights, IP, Media & Regulatory work, defamation, privacy, media, art and cultural property, data protection and freedom of information, intellectual property and international arbitration, Mark Stephens has undertaken some of the highest profile cases in the country and abroad.

In 2011 Her Majesty the Queen appointed Stephens Commander of the Order of the British Empire (CBE) for his services to law and the arts.

Mark is also extremely active in many other areas having been appointed by the Foreign Secretary to the FCO Free Expression advisory board and the Lord Chancellor to be a Champion for the Community Legal Service.

In December 2009, Mark first appeared in “Who’s Who” where he is described as “lawyer, broadcaster; writer; lecturer”.  He has written and contributed to five books.

Mark has been described by the ‘Law Society Gazette’ as, ‘the patron solicitor of previously lost causes’.  It is this reputation for creativity with law that leads clients to his door.

Mark has created a niche in international comparative media law and regulation.  His expertise also covers specialisms in Creative Arts & Cultural Industries, Human Rights, Judicial Review, Complex Commercial Litigation, Intellectual Property law, Privy Council cases - Ultimate Appeal Court for parts of the Commonwealth, as well as, Regulatory Cases & Inquiries.

Mark has practised before every level of Court in England and Wales and has also practised abroad and before international tribunals and courts.  He is also a Privy Council agent regularly working with a range of overseas lawyers. Mark is also a qualified mediator.

He has been retained by a number of Governments to advise and to represent their interests including, Republic of Cyprus, Republic of Greece, Jamaica, Libya, Mauritius, Romania and the Russian Republic.

Additionally, Mark has litigated in countries as diverse as Anguilla, Antigua, Australia, Cyprus, France, India, Iraq, Iran, Italy, Jamaica, Malaysia, Netherlands, Pitcairn Islands, New Zealand, Russia, Rwanda, Samoa, Singapore and the USA.

Mark chairs a number of bodies including the Design Artists Copyright Society, Global Network Initiative, the University of East London, the Management Committee of the Programme in Comparative Media Law and Policy Wolfson College, Oxford Centre for Socio Legal Studies, the Bianca Jagger Human Rights Foundation and sits on the boards of Censorship Commonwealth Lawyers Association, Human Rights Council of the International Bar Association and Internews Media Law Defence Initiative Independent Schools Inspectorate and is Hon Solicitor to Index of Censorship.

Mark regularly appears in print and on radio and television and enjoys debating.


Barbara Wall is Senior Vice President and Chief Legal Officer of Gannett.  Gannett is an international news and information company that publishes 109 daily newspapers in the United States, including USA TODAY and 19 daily newspapers in the United Kingdom. The websites associated with the company’s U.S. publications serve online content to over 100 million unique visitors each month.

Wall has written and lectured extensively on free speech issues, intellectual property rights, and the legal issues associated with the digital transformation of the media industry.  Wall is past chair of the American Bar Association’s Forum on Communications Law.  Wall has taught communications law at George Washington and American universities.  In 2012, the Reporters Committee for Freedom of the Press gave her their annual First Amendment Award.

Wall earned her B.A. and J.D. from the University of Virginia.  She and her husband Chris have two children, a son, Read, and a daughter, Louisa.


Bruce E. H. Johnson is a partner in the Seattle office of Davis Wright Tremaine LLP.  A member of the Washington State and California Bars, Mr. Johnson's litigation practice focuses on internet, media, and First Amendment defense, including protections for commercial speech.  For the past thirty years, he has also regularly advised attorneys, law firms, and legal departments on ethics and professional responsibility matters, particularly those regulations with free speech implications.  He currently serves as a member of the Association of Professional Responsibility Lawyers' task force which has proposed major reforms to the ethics rules governing attorney advertising.  Finally, Mr. Johnson has published many articles and publications on First Amendment commercial speech issues, including the Practising Law Institute treatise Advertising and Commercial Speech: A First Amendment  Guide (Second Edition), of which he is co-author.  Mr. Johnson is a graduate of Harvard College, Yale Law School, and the University of Cambridge.


Darci J. Bailey
Vice President & Association General Counsel
A&E Television Network, LLC

Primary Areas of Practice: Head AETN's global litigation and IP practice, including employment matters, and head of business affairs for AETN consumer products.

Law School:
Pace University

Work History: Worked at a few firms over her ten years in private practice in NY, notably Nims Howe, Clifford Chance (Rogers & Wells), and Mintz Levin as well as worked in-house at MTV (intern) and Henry Holt Publishing. She also interned at Stephens Innocent in the UK. Darci has been with AETN for more than six years. Darci's first real job was with a venture capital firm in Hong Kong.

Professional Memberships
: MLRC, ABA Communication Law; IBA Corporate Counsel, Media Section


David A. Schulz, is Co-Director of the Media Freedom & Information Access Clinic at Yale Law School and a partner in Levine Sullivan Koch & Schulz, LLP, where he represents news and entertainment organizations in their newsgathering and content related litigation.  Among other significant matters, Mr. Schulz has argued precedent-setting cases establishing the constitutional right of access to jury selection procedures, pre-trial motions, and court dockets. has defended journalists’ right to protect their confidential sources in federal leak investigations, and advised on publication of classified documents leaked by Edward Snowden.  He currently represents over a dozen national and international news organizations fighting to ensure public access to various proceedings involving detainees at Guantanamo Bay.  Mr. Schulz regularly writes and speaks on First Amendment and media law issues.  For many years he co-chaired a biennial conference on “Newsgathering and Libel Litigation,” sponsored by the Practicing Law Institute, and he served as a charter member of the Sedona Conference Working Group on Protective Orders, Confidentiality & Public Access.  Mr. Schulz is a public member of the New York Committee on Open Government.


David McCraw is a Vice President and Assistant General Counsel at The New York Times Company, where he is responsible for litigation and for providing legal counsel to The Times newsroom.  Mr. McCraw has served as lead litigation counsel in more than 25 freedom-of-information suits brought by The Times in state and federal courts.  He previously served as Deputy General Counsel of The New York Daily News and a litigation associate at Clifford Chance and Rogers & Wells.  He has conducted workshops on freedom-of-information issues in various countries in the Middle East, South America, and Central and Eastern Europe as well as in Russia and China.  He is a graduate of the University of Illinois, Cornell University, and Albany Law School.  Mr. McCraw is an adjunct professor at the NYU School of Law.


Gillian Lusins is responsible for marketing and and production related intellectual property issues for NBCUniversal Media, LLC’s television related businesses. Her responsibilities include providing advice on all aspects of television and new media production, including development, production, distribution, licensing, rights and clearance for NBCUniversal’s fictional and reality prime time and late night television properties. She works closely with the marketing groups on promotional matters, with a particular focus on social media issues. She also provides advice relating to consumer privacy, music and other copyright and trademark questions.


Primary Areas of Practice
: Intellectual Property, Marketing

Law School/Graduate School: Columbia Law School

Work History: At NBCUniversal for twenty years.


Jennifer Pariser is the Executive Director of Academic Outreach at the Motion Picture Association.  She manages the movie studios’ relationship with colleges and law schools throughout the world and also oversees the MPAA’s anti-piracy notice program in North America.  She provides counsel on a wide range of intellectual property and other legal issues for the association. Jenny previously served as head of litigation at the RIAA and at Sony Music.  Prior to that she was an associate with the firms Patterson, Belknap, Webb & Tyler and Debevoise & Plimpton in New York and also served as a judicial clerk to the Honorable Charles Tenney in the United States District Court for the Southern District of New York. She graduated from New York University Law School in 1989 where she was a member of the Law Review.  She lectures extensively on copyright topics including at the Copyright Society of the USA, the American and New York Bar Associations, PLI and various law schools.


John Bergmayer is a Senior Staff Attorney at Public Knowledge, specializing in telecommunications, Internet, and intellectual property issues. He advocates for the public interest before courts and policymakers, and works to make sure that all stakeholders--including ordinary citizens, artists, and technological innovators--have a say in shaping emerging digital policies.


Kathleen M. Sullivan is partner and chair of the national appellate practice at Quinn Emanuel Urquhart & Sullivan, the nation’s largest law firm devoted solely to business litigation. She was previously Dean of Stanford Law School and professor of law at Harvard and Stanford Law Schools. The first woman dean of any school at Stanford, she is also the first woman name partner at any AmLaw 100 firm.

Widely recognized as one of the nation’s most preeminent appellate litigators, Ms. Sullivan handles appeals and motions in a wide range of business litigation matters. She has argued nine times in the US Supreme Court and numerous times  in the US Courts of Appeals, US district courts, and state appellate courts.  Meanwhile she continues to lecture and write on constitutional issues and to publish the classic casebook Constitutional Law.

Ms. Sullivan holds a B.A. from Cornell University, where she was a College Scholar and a Telluride Scholar, an M.A. from Oxford University, which she attended as a Marshall Scholar, and a J.D. from Harvard Law School, where she won the Ames Moot Court competition. She has been elected to the American Academy of Arts and Sciences and the American Philosophical Society.  And she has been named to numerous honors, including repeat appearances on The National Law Journal’s list of the 100 Most Influential Lawyers in America.


Professor RonNell Andersen Jones is Professor of Law at the University of Utah S.J. Quinney College of Law. A former newspaper reporter and editor, Professor Jones teaches, researches and writes on legal issues affecting the press and on the intersection between media and the courts.  She is a widely cited national expert on reporter’s privilege and was the director of a nationwide empirical study of the frequency and impact of subpoenas served upon newspapers and television newsrooms.  Her work on that project is regularly cited in debates on Capitol Hill and has been featured in the New York Times, the Washington Post and USA Today, as well as on MSNBC, Fox News and National Public Radio.  Professor Jones’s scholarship also addresses issues of media access and transparency at the U.S. Supreme Court, the media’s role as a check on government, and emerging areas of social media law. Her scholarly work has appeared in numerous books and journals, including Michigan Law Review, UCLA Law Review, Minnesota Law Review, and the Harvard Law Review Forum.

Professor Jones graduated first in her law school class and clerked for the Honorable William A. Fletcher on the Ninth Circuit Court of Appeals and for Justice Sandra Day O’Connor on the United States Supreme Court.  Prior to entering academia, she was an attorney in the appellate division of Jones Day, where her work focused on Supreme Court litigation and included major constitutional and First Amendment cases.

Before joining the faculty at the University of Utah, Professor Jones was Professor of Law and Associate Dean of Academic Affairs and Research at Brigham Young University’s J. Reuben Clark Law School, where she was twice named Professor of the Year. Before that, she was a Distinguished Faculty Fellow at the University of Arizona Rogers College of Law, where she team-taught an annual course about the United States Supreme Court with Justice O’Connor.


Robert D. Sack has, since August 6, 1998, been a Judge of the United States Court of Appeals for the Second Circuit with his chambers at 40 Foley Square.  He took senior status on August 6, 2009.  During his 33 years in practice, he specialized in national and international press law.  He was a frequent lecturer and writer on press law topics and is the author of Sack on Defamation:  Libel, Slander, and Related Problems (4th ed. 2010) and coauthor of Advertising and Commercial Speech:  A First Amendment Guide (1999).  His article, Protection of Opinion Under the First Amendment:  Reflections on Alfred Hill, "Defamation and Privacy Under the First Amendment," was published in the 100th Anniversary issue of the Columbia Law Review.  On May 1, 2008, Judge Sack was awarded the Federal Bar Council's Learned Hand Medal for excellence in federal jurisprudence.

Judge Sack was an officer and director of the William F. Kerby and Robert S. Potter Fund, which assisted in funding the legal defense of journalists abroad, and a member of the advisory boards of the Bureau of National Affairs' Media Law Reporter and the ABA Forum Committee's Communications Lawyer.  He is a member of the Board of Visitors of the Columbia Law School, and was a member of the Board of Trustees of Columbia University Seminars on Media and Society, and was Chairman of the National Council on Crime and Delinquency.  He has since 2001 been a Lecturer in Law and Adjunct Professor at Columbia Law School.  He was Columbia Law School's commencement speaker in 2007.  He was Adjunct Professor of Political Science and Special Guest Lecturer at the University of Rochester in 2012 and a Distinguished Visiting Jurist at the University of Chicago Law School in 2013.  He is a member of the American Bar Association, the New York City Bar Association (Chair, Communications Law Committee, 1986-89), and the American Judicature Society.  He is a Fellow of the American Bar Foundation.

After graduating from the University of Rochester in 1960 and Columbia Law School in 1963, Judge Sack clerked for United States District Judge Arthur S. Lane, in the District of New Jersey.  He later became an associate and partner at Patterson, Belknap, Webb & Tyler (1964-1986) and a partner at Gibson, Dunn & Crutcher (1986-1998), both in New York City.  In 1974, he served as a Senior Associate Special Counsel to the United States House of Representatives Impeachment Inquiry Staff.


S. Jenell Trigg, a former broadcast television sales/marketing executive spanning a 16-year career, is a Member of Lerman Senter PLLC, and is Chair of the firm’s Intellectual Property, New Media & New Technology Practice Group.  She has more than 19 years of experience in policy, regulatory, enforcement and litigation issues in various telecommunications industries, including stints at the Federal Communications Commission and the U.S. Small Business Administration.  She is accredited as a Certified Information Privacy Professional (CIPP) through the International Association of Privacy Professionals (IAPP).  She advises clients on a wide range of privacy and data security matters, including email and mobile advertising/marketing, mobile app development, Payment Card Industry – Data Security Standards, government access, and security breach notification and identity theft laws.

Prior to private practice, Ms. Trigg served as Assistant Chief Counsel for Telecommunications for the Office of Advocacy, U.S. Small Business Administration, where she directed Advocacy’s involvement in all telecommunications and Internet issues and proceedings before the FCC, other federal and state government agencies, the White House, and Congress.  While in law school, Ms. Trigg worked as the Senior Telecommunications Policy Analyst for the FCC’s Office of Communications Business Opportunities.  Her first positions at the FCC were as a full-time Law Clerk to Commissioners Rachelle B. Chong and Susan Ness, in addition to a part-time Law Clerk to then-General Counsel, William E. Kennard, also a former FCC Chairman.  Prior to the FCC, Ms. Trigg was National Sales Manager and Director of Marketing for WJZ-TV, the now-CBS Corporation owned and operated television station in Baltimore, Maryland.  She also worked at WMAQ-TV NBC5 and WFLD-TV FOX 32 in Chicago as a Senior Account Executive, and was involved in the launch of the market’s first Ten O’clock News as Director of Marketing for WBFF, FOX 45 in Baltimore.

A 1978 graduate of Northwestern University in Evanston, Illinois with a B.S. in Speech, Ms. Trigg received her juris doctor degree magna cum laude from The Catholic University of America, Columbus School of Law in 1997.  She also received certification from the law school’s Institute for Communications Law Studies with honors and was one of the first evening students to complete the entire program.

Ms. Trigg is admitted to practice before the Maryland Court of Appeals, the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for the District of Columbia, Third and Tenth Circuits, as well as the Supreme Court of the United States of America.  She is a member of the Federal Communications Bar Association (FCBA) and American Bar Association (ABA).  She was the founding co-chair of the FCBA’s Privacy & Data Security Committee and served for eight years, and as the founding Co-Chair of the ABA/FCBA’s Annual Privacy & Data Security Symposium, serves as a member of the ABA Communications Law Forum Governing Committee.  She is also a member of the Advisory Board for the Minority Media, Telecommunications & Internet Council (MMTC) and continues to work with the Board of Directors for the Delta Research and Educational Foundation as legal counsel after almost 18 years as board member.  Ms. Trigg is a founding member of the National Association of Multicultural Digital Entrepreneurs, a member of IAPP and Delta Sigma Theta Sorority, Inc., A Public Service Sorority.  Ms. Trigg is a past president of Catholic University’s Communications Law Institute Alumni Association and currently serves on the law school’s Board of Visitors.  She also serves on the Board of Visitors of Morgan State University’s School of Global Journalism and Communication.  She is a mentor to many law school and college students, graduates, and young professionals across the country, and is a frequent speaker before the FCC, IAPP, ABA, NAB, MMTC, Congressional Black Congress, and other organizations on small business, privacy and/or wireless issues.


Stephanie Abrutyn is senior vice president & chief counsel, Litigation, for Home Box Office, Inc., responsible for the full range of legal issues and proceedings arising from the operations, distribution and programming of Home Box Office, Inc.  Abrutyn also oversees HBO's litigation group and anti-piracy program.  She was named to the position in July 2015. 

Abrutyn initially joined HBO as a senior counsel in June 2005.

Prior to HBO, she served as senior counsel, East Coast Media, for Tribune Company, from 1999 to 2005, where she counseled and represented six of its daily papers including Newsday, The Hartford Courant and The Baltimore Sun.  During her tenure there she received the Tribune Company Corporate Excellence Award for her contributions to the company.  From 1996 to 1999, Abrutyn worked at ABC, Inc. as a general attorney, Litigation and Employment Practices; and from 1991 to 1996, was a member of the Media and Communications Practice Team in the Washington, D.C., office of Baker & Hostetler.

She is currently on the New York State Bar Association Media Law Committee, and a member of the Governing Board of the ABA Forum on Communications Law.  She also teaches Media Law at the Benjamin N. Cardozo School of Law and is a frequent speaker and author on First Amendment and media law issues. She is a former co-editor of Communications Lawyer.

Abrutyn holds a BA with honors from Colgate University, a JD degree from the University of Pennsylvania Law School, and studied at the Institute of Political and Economic Studies in London, England.


Pam is a partner in the Vorys Washington, D.C. office and is the Chair of the litigation practice group in that office. She serves as trial and appellate counsel in business and commercial litigation matters, with an emphasis on professional liability, errors and omissions and coverage litigation.  She represents lawyers, financial institutions, broker/dealers, financial professionals, directors and officers, technology professionals, fiduciaries, insurers and other professionals. Pam serves as coverage and litigation counsel for insurers issuing errors and omissions policies. She represents businesses and individuals in securities, technology, intellectual property and other corporate litigation. She advises law firms and lawyers on management, ethics and risk prevention issues.  Pam is a Fellow of the American College of Trial Lawyers and has been named in Best Lawyers in America in the areas of professional liability, professional responsibility, commercial litigation and bet-the-company litigation.  Pam is a member of the ABA Board of Governors.  She is admitted to practice in Maryland, the District of Columbia, New York, California and Illinois.