Media Litigation
Jackson Walker’s Media group is one of the most prominent in the country, providing a full range of services to its clients, including comprehensive litigation services. The Firm’s Media practice has more than 114 years of uninterrupted service to our media clients. It began in 1905 with the representation of the old Dallas Times Herald and has grown into a practice that is now national in scope.
The practice of the Media group involves providing counsel regarding:
- Pre-publication review of news articles, broadcasts and advertisements
- Response(s) to subpoenas, including protection of confidential sources, notes and outtakes
- Defense of libel, obscenity, invasion of privacy and intentional infliction of emotional distress cases
The Firm regularly handles matters from the inception of an idea for a publication through discovery, trial, and any appeals.
Jackson Walker’s media clients include local and regional broadcasters and news organizations, as well as national television networks, news organizations, publishers, production companies, syndicators, and media conglomerates.
- Riccio v. Phillip McGraw, et al., Cause No. BC400362, Superior Court of California, County of Los Angeles (2009). Anti-SLAPP special motion to strike granted in favor of McGraw in defamation suit arising out of Dr. Phil Show television program.
- Knight v. Chicago Tribune Co. et al., 895 N.E.2d 1007, Ill. App. Ct. (2008). Affirming jury verdict in favor of newspaper on suit for libel arising out of investigative report into role of prosecutorial misconduct in Illinois death sentences.
- Darlene Tracy v. Oprah Winfrey, The Oprah Winfrey Show, Harpo Productions, Inc. and ABC Television, 2008 WL 2357943, 1st Cir. (slip op.) Affirming Fed. R. Civ. P. 12(b)(6) dismissal of copyright infringement, fraud, and misappropriation of trade secrets claims relating to Oprah’s “Big Give” program.
- Waddell v. FOX Entertainment Group, et al., Civil Action No. 3:06-cv-2387-M, N.D.Tex (2008). Summary judgment granted in favor of FOX News against chiropractor subject of investigative report into misuse of government loan program designed to benefit businesses affected by 9/11 attacks.
- Stephens v. Dolcefino, Cause No. 1999-43183, 215th District Court of Harris County, Texas (2007). Jury verdict for television station on claims under Texas wiretap statute and for alleged invasion of privacy stemming from investigation into city official’s work habits.
- Nationwide Bi-Weekly Admin., Inc. v. Belo Corp., 512 F.3d 137, 5th Cir. (2007). Affirming, in case of first impression, dismissal of libel action against newspaper on basis that single publication rule applied to article published on newspaper’s website and statute of limitations was not tolled under theory of continuous publication.
- Abdel-Hafiz v. ABC, Inc., et al., 240 S.W.3d 492, Tex. App.-Fort Worth (2007, pet. denied). Affirming summary judgment entered in favor of ABC News, Brian Ross, and Charles Gibson against defamation suit brought by FBI agent who allegedly refused to secretly record Muslim terrorism suspect during pre-9/11 investigation.
- FOX Entertainment Group, Inc., et al. v. Abdel-Hafiz, 240 S.W.3d 524, Tex. App.-Fort Worth (2007, pet. denied). Reversing trial court and rendering summary judgment for FOX News and Bill O’Reilly against defamation suit brought by FBI agent who allegedly refused to secretly record Muslim terrorism suspect during pre-9/11 investigation.
June 1, 2023
Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2023 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 50 attorneys and 17 departments for inclusion in the 2023 edition of the Global and USA guides. Attorneys recognized in the guides were ranked in 19 practice areas, with 4 attorneys listed among multiple areas and 6 named among the top attorneys nationwide in their respective areas.
May 25, 2023
Newsletters
JW Media | VIA ePostcard – May/June 2023
View the May/June 2023 edition of the JW Media | VIA ePostcard.
May 25, 2023
Insights
On Section 230, SCOTUS Says It Best When It Says Nothing At All
In the space of a three-page per curiam opinion, Gonzalez v. Google went from blockbuster to nothingburger. The first (and, therefore, the biggest) Section 230 case to be considered on the merits by the U.S. Supreme Court, Gonzalez was widely billed as the case that could break the internet, garnering headlines and attracting armies of amici on both sides.
By Marc Fuller & Hannah Walsh
May 25, 2023
Insights
Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice
The Supreme Court of Texas recently addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s anti-SLAPP statute. Those wishing to dismiss SLAPP suits, take note of the USA Lending v. Winstead PC opinion: what a plaintiff must show “is not a high hurdle.” Instead, a plaintiff need only provide “evidence necessary to rationally infer that an allegation is true.”
By Joel Glover
May 23, 2023
Attorney News
Nancy Hamilton Honored With Denis B. Kemball-Cook Award by Skidmore College
First Amendment litigation partner Nancy Hamilton was recently presented with the Denis B. Kemball-Cook Award from her alma mater, Skidmore College, in honor of her long-time support and involvement as Chair of the Board of Trustees.
May 3, 2023
Insights
The Latest on What Media Employers Should Know About the FTC’s Proposed Ban on Non-Competes
By Jamila Brinson
If I were a betting woman, I would say what remains top of mind for most media employers in 2023 remains the Federal Trade Commission’s January 5 proposed rule banning employers from utilizing non-compete clauses with their employees. The FTC’s proposal has led other employment attorneys to ask the question: Can we really imagine a world without non-competes and, if not, what are media employers doing about it?
May 3, 2023
Newsletters
JW Media | VIA ePostcard – May 2023
View the May 2023 edition of the JW Media | VIA ePostcard.
April 19, 2023
Speaking Engagements
Shannon Zmud Teicher Speaks on First Amendment Panel at Dallas Bar Association’s Bench Bar Conference
Shannon Zmud Teicher spoke on a panel entitled “First Amendment and Free Speech: A Primer on the Cases We Should Know,” which also featured Judge Brantley Starr, Thomas Leatherbury, Thomas Williams, and Meg Penrose (Texas A&M University School of Law).
April 19, 2023
Insights
A True ‘World’ Series | SportsTravel Winners & Losers
By Bob Latham
The World Baseball Classic has come of age and represents a bright future for international excitement around the game.
April 6, 2023
Mentions
What Are Parents’ Rights to School Video of an Incident with Their Child? | CBS Texas
In an investigative report regarding one Dallas parent’s quest to obtain access to a video showing her 8-year-old son being assaulted by a school aide, CBS Texas featured an interview with Paul Watler as he discussed open records laws.
