Relying on the qualified privilege protecting unaired video recordings of interviews conducted by broadcast journalists under the Free Flow of Information Act (Texas’ reporter’s shield law), Jackson Walker successfully quashed a subpoena of such footage directed to Austin television station KXAN.
As a sanction for abuse of discovery, Jackson Walker also obtained an award of $22,757.10 of its attorneys’ fees incurred by KXAN in resisting the subpoena.
“The award of attorneys’ fees to KXAN is especially noteworthy and gratifying, because the Shield Law statute does not expressly provide for such awards,” said Stacy Allen, a partner in Jackson Walker’s Media Law practice group and lead attorney for KXAN. Jorge Padilla, another Jackson Walker Media attorney, also worked on the case.
The case is Salinas v. Longhorn Village, No. C-1-PB-14-000201, Travis County Probate Court.