Jackson Walker partner Marc Fuller and associate Emily Carlton were featured in an article in The Texas Lawbook discussing the Texas Citizens Participation Act (TCPA) and its impact on pro bono attorneys.
The article cites a 2023 victory for Jackson Walker’s pro bono client, Sahara Reporters Media Group. Led by Emily, the team obtained dismissal under the TCPA, but was unable to recover attorney’s fees under the TCPA because courts have interpreted the statute to require that a defendant actually “incur” liability for payment of fees. The Lawbook explained that this interpretation makes it more difficult for those unable to afford representation to take full advantage of the TCPA’s protections.
Supporters of the TCPA hope that the Legislature will fix this unintended imbalance by amending the statute’s fees provision during the next legislative session.
To read the full article, view “How One Word in TCPA Puts Pro Bono Litigants at a Disadvantage.”
To learn more about the Firm’s efforts to help ensure equal access to justice, visit our Pro Bono page.
Meet Marc
Marc Fuller has extensive experience defending clients in defamation, privacy, copyright, and other disputes over content. He also represents technology companies and online services in disputes over content moderation, user anonymity, and digital privacy. In addition, Marc has handled a broad range of litigation for non-media companies, focusing on appeals, class actions, disparagement claims, and First Amendment issues. He has authored amicus briefs in media law and First Amendment cases in the Texas Supreme Court, California Supreme Court, Fifth Circuit, and U.S. Supreme Court.
Meet Emily
Emily Carlton is an associate in Dallas, where she practices commercial and business litigation, with a focus on media and First Amendment litigation. She represents journalists, news outlets, entertainment companies, and other media organizations in a wide array of matters. She represents media clients in disputes over content, including defamation, privacy, newsgathering, and copyright matters. She has also authored numerous amicus briefs in media and First Amendment matters on behalf of media coalitions, trade groups, and public interest organizations.
Emily also represents public and privately-held companies in state and federal court in a variety of non-media matters, including breach of contract, breach of fiduciary duty, fraud, and other complex commercial litigation. She has extensive experience in all phases of litigation, including preparing and arguing motions, discovery, and trial strategy.