Journalists

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Third Circuit Finds Photo Placement Sufficient to Permit Defamation, False Light Claims to Go Forward in Suit Alleging Harm from...

In a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, the United States Court of Appeals for the Third Circuit last week reversed itself to permit a...more

Sex and the Stock Photo*

Despite the high heat of summer, two federal courts have blown a chill wind through the law of online defamation. The courts gave the green light to libel suits over alleged implications from stock or file photos illustrating...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Trade Secrets Directive Adopted by the European Council

Almost three years after its initial proposal, the Trade Secrets Directive has been formally adopted by the European Council and published in the Official Journal on 15 June (2016/943/EU). Member states will have until 9 June...more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

Changes to Immigration Law Block Journalist’s Entry to the U.S.

A BBC journalist was recently rejected from boarding a plane to the U.S. under new immigration rules rules passed in 2015. Rana Rahimpour, a London based journalist with dual British-Iranian citizenship, was attempting to fly...more

The Truth of the Matter – A Successful Defense to Defamation and Product Disparagement Claims

Years ago, a potential client called to ask if she could be successfully sued for libel if she published a tell-all memoir, revealing the details of a marital affair with a gentleman she intended to identify. My first...more

Update to Visa Waiver Program Restrictions

In a blog that we posted just a few weeks ago, I wrote “Beginning in late 2015, individuals who have been present in Iraq, Syria, Iran, or Sudan (or other countries designated by the Department of Homeland Security (“DHS”) as...more

South Carolina Legislative Update

The South Carolina General Assembly had a very active second week of session, although much of the deliberation occurred primarily in the various subcommittees and committees. A few highlights are as follows...more

What is public can still be ‘private’: European Court of Human Rights halts journalists from re-publishing Finnish citizens’...

In a ruling by the European Court of Human Rights (“ECHR”) handed down in July 2015, the right to respect for individuals’ privacy balance trumped journalists’ right to freedom of expression....more

Mizzou: A Personal Note on Racism, Firings and a Free Press

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this...more

Stacy Allen Speaks: Newsroom Victories During the 2015 Texas Legislative Session

Sometimes, killing a bad bill can be as important as enacting a good one. So it was for newsrooms during the 2015 session of the Texas Legislature. My partner Paul Watler and I were privileged to assist the Texas Association...more

Public Interest and Corruption

Corporate Crime analysis: What is the relevance of public interest to corruption offences? Alison Geary and Sahil Sinha of international law firm, WilmerHale discuss the implications of the decision in R v...more

What Do You Do When The Ugly Allegations In A Lawsuit Against Your Company Go Viral?

Take your cue from two leading ladies of television – Olivia Pope (Scandal) and Liz Garvey (Babylon). In a world of instantaneous communication and open access to information, Liv and Liz are masters of crisis management....more

Where are you hiding Brian Williams?

Brian Williams has every major news outlet — and Saturday Night Live comedian — discussing journalistic integrity because of false statements he made regarding his experiences reporting in Iraq in 2003....more

Legal Reporter at Ars Technica Talks Good PR

A big part of the being a resourceful PR professional is staying up-to-date on when reporters move jobs as well as what they want from us in their new positions. Legal PR Advice asked David Kravets, a senior reporter at Ars...more

Bob Latham Speaks: Experienced Journalists Needed

It has been said that everyone likes to make fun of lawyers – until they need one. The same might be said for another group of oft-criticized professionals: journalists. And in a world where information is available from so...more

The Reporter's Privilege: Where Does The Proposed Federal Shield Law Stand And What Impact Would It Have?

The right of journalists to refuse to testify regarding information or sources obtained as part of the news-gathering process, known as the reporter’s privilege, has been recognized by 49 of the 50 states and the District of...more

Does The First Amendment Allow Journalists To Lie To Their Subjects? U.S. Senator Accuses Documentary Film Makers Of Fraud

On April 1, 2014, West Virginia Senator Joe Manchin issued a press release accusing Adroit Films of fraud. Manchin had agreed to be interviewed by the media company for a documentary about the Upper Big Branch mine disaster,...more

New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential...more

Press regulation Royal Charter approved by the Queen after Court of Appeal rejects newspapers’ attempts to block its sanction.

A Royal Charter (the “Charter“) representing a landmark reform of press regulation was approved by the Queen on 30 October 2013. The Charter, agreed by the three main political parties, was sealed by the Privy Council in a...more

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

Neely v. Wilson and the Third-Party Allegation Rule

For the past two decades since the Texas Supreme Court's decision in McIlvain v. Jacobs, 794 S.W.2d 14, 16 (Tex. 1990), Texas appellate courts and the Fifth Circuit have repeatedly held that journalists are insulated from...more

Movement Toward a National Press Shield Law

Two proposed bills would provide additional protection not only to reporters, but also to their sources. Any company spokesperson or defense lawyer who speaks to a reporter has a modest vested interest in the passage of the...more

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