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Libel & First Amendment
Dow Lohnes has long been recognized as having one of the nation’s premier libel and First Amendment practices. The firm’s attorneys represent, among others, television stations, radio stations, newspapers, magazines, book publishers, websites and documentary filmmakers across the country on a wide-range of issues relating to the gathering and dissemination of news, information and commentary. In recent years, the firm's clients have included some of the largest and most well-respected media companies in the nation, including Cox Enterprises and numerous television stations, radio stations and newspapers within the Cox family, Advance Publications, Allbritton Communications, The Evening Post Company, the Associated Press, ABC, CBS, Penguin Putnam, St. Martin’s Press, Time and Newsweek.
The firm’s libel and First Amendment attorneys have been cited in “The Best Lawyers in America” for their expertise in the field and in the National Law Journal for their significant defense verdicts. In addition, they serve in leadership positions with the country’s principal media defense organization, the Media Law Resource Center.
The libel and First Amendment practice offers a comprehensive range of services for the firm’s media, communications and other clients, including the following:
Pre-broadcast and Pre-publication Review
The firm’s goal is to reduce liability risks for its media clients without compromising the impact of their stories. To that end, the firm’s libel and First Amendment attorneys are available 24 hours a day, seven days a week to review high-risk stories in advance of broadcast or publication and to provide advice on newsgathering practices, including surreptitious audio and video recordings and use of confidential sources. The firm utilizes technology that allows its attorneys to review video and scripts on a real time basis, which permits immediate review of stories under the pressures of deadline, regardless of the location of the client.
Litigation
The firm has a national libel and First Amendment litigation practice. We have represented media, communications and other companies in libel, privacy, newsgathering and other related matters in state and federal courts across the country, including in Washington, D.C., Georgia, Virginia, West Virginia, Maryland, Florida, California, Texas, New York, Washington (State), Pennsylvania, Michigan, Indiana, Rhode Island, Ohio, South Carolina, Arizona, Montana, Utah and Colorado. The firm’s track record in defending such actions is second to none. Its attorneys have consistently achieved excellent results, both at trial when necessary but more often on dispositive motions at the outset of the case or on summary judgment. The firm also provides immediate counseling concerning threats of litigation and retraction demands issued by the subjects of stories, whether before or after publication or broadcast.
Responding to Subpoenas
The firm advises clients prior to broadcast or publication on how best to avoid or reduce the possibility that reporters will be subpoenaed to testify regarding their newsgathering activities and sources. In addition, the firm defends clients against subpoenas for testimony and/or documents in state and federal courts across the country and before administrative agencies. The firm has enjoyed substantial success in negotiating resolutions involving subpoenas served on media companies and their employees, often convincing the subpoenaing party to narrow or withdraw their subpoenas.
Access Issues
The firm regularly advises clients on the use of state and federal laws to gain access to the records and proceedings of courts, government agencies and related entities – advice that has on multiple occasions helped lead to award winning reporting. The firm prides itself on the ability to litigate, immediate and effectively, when access to information or proceedings is improperly denied.
Education
The firm also believes that educating our clients is critical to reducing their risk of liability. Its attorneys routinely provide clients with advisories about new rulings and on-site newsroom seminars, in which they employ video and other concrete examples demonstrating mistakes that have led to lawsuits, as well as approaches that can substantially reduce liability risks.
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News
November 7, 2007:
BNA Books Publishes Dow Lohnes Treatise on Internet Law
Publications
November 2, 2007:
Internet Law: A Field Guide (BNA Books 2007)
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