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Overview | Representative Matters | Libel and Privacy | Free Press and Political Broadcasting | Reporter's Subpoena and Press Access | Breach of Contract | Antitrust | Other Litigation Matters
Overview
Vinson & Elkins has cultivated one of the premier media litigation practices in the country. We have successfully represented national and regional media corporations in actions involving claims of defamation, libel, invasion of privacy, intentional infliction of emotional distress, and other torts, as well as issues of newsgathering and press access. We have also successfully defended media clients against antitrust, personal injury, breach of contract, and employment-related claims.
While concentrated primarily in Texas and the Southwest, our practice is truly national in scope. Our clients include some of the largest media organizations in the country. In 1997, the National Law Journal recognized Vinson & Elkins’s successful defense of a television network in a libel jury trial as one of the “Top U.S. Defense Wins” of the year. And in 1998, we argued and won a major free press case before the United States Supreme Court.
Our lawyers bring to bear the high level of skill and experience necessary to navigate the complexities of representing media clients. As noted below, they represent our clients in both state and federal court, and at both the trial and appellate levels. One of the group heads was recently singled out—again—by his peers as among the “Best Lawyers in America” in the field of First Amendment law. The lawyers in the practice group also participate in and contribute frequently to the publications of such organizations as the Media Law Resource Center, the ABA’s Forum Committee on Communications Law, the Reporters Committee for Freedom of the Press, and the Freedom of Information Foundation of Texas.
Representative Matters
To illustrate the breadth of the media litigation group’s practice, we have included below a representative—but by no means exhaustive—list of recent matters, grouped generally by the claims involved. Results, of course, depend upon the facts of each case.
Libel and Privacy
- Represented a television network in a federal court libel and invasion of privacy action over an investigative news report. Obtained summary judgment, which was affirmed on appeal.
- Represented a television network in a federal court libel action concerning an investigative news broadcast. Obtained summary judgment against two plaintiffs, a directed verdict against a third, and a jury verdict against the remaining three. Recovered nearly $90,000 in court costs; the court of appeals affirmed the award.
- Represented a group of publishers and broadcasters as amici curiae in Texas Supreme Court libel case.
- Represented television network in libel case concerning news report about a high-profile homicide case. Obtained summary judgment, which was affirmed by a Texas Court of Appeals.
- Defended television network and reporters in federal court against invasion of privacy and other tort claims brought by habitual pro se litigant who had been featured in an investigative report. Obtained dismissal for individual defendants on personal jurisdiction and inadequate service grounds. The district court entered summary judgment after the plaintiff’s deposition. The court of appeals dismissed the plaintiff’s appeal.
- Obtained summary judgment in federal court—before any depositions had been taken—in invasion of privacy action brought against television network by the subject of an investigative report.
- Defended television station and its reporter in two leading-edge lawsuits involving alleged violations of federal and state wiretap statutes. After significant discovery, the district court granted summary judgment for the station and reporter, concluding that the statutes were unconstitutional as applied to newsgathering and broadcasting. The court of appeals affirmed in part and reversed in part, and the case was settled on remand.
- Obtained summary judgment in state court for television station over allegedly defamatory broadcast profile of doctor-turned-lawyer.
- Represented a worldwide consulting company in a defamation action involving health care guidelines.
Free Press and Political Broadcasting
- Represented government-owned public television station in action brought by independent political candidate who had been excluded from participating in the station’s broadcast debate. Argued and won this landmark free press/broadcasting case before the U.S. Supreme Court, which held that the debate program was a non-public forum and that the broadcaster could therefore limit participation in a reasonable, viewpoint-neutral manner.
- Prevailed before two federal district courts in other actions challenging the ability of a public television station to exclude candidates from broadcast political debates.
Reporter’s Subpoena and Press Access
- Represented major market newspaper in seeking to unseal discovery relating to wrongful death suit against HMO.
- Represented a group of publishers and broadcasters in federal court appeal challenging school board’s closure of meetings.
- Represented numerous print and broadcasting organizations in connection with subpoenas for reporters' testimony and outtakes.
- Regularly advise on Open Records, Open Meetings, and Freedom of Information Act issues.
Breach of Contract
- After little discovery, obtained favorable settlement for radio station in breach of contract action over remodeling of station facilities.
- Reached favorable settlement at mediation on behalf of radio station in breach of contract action over printing of advertisements on school book covers.
- Successfully represented radio station in breach of contract action over eviction of exhibitor from festival sponsored by station.
Antitrust
- Secured a take-nothing verdict for major market newspaper and its parent company in $100-million newspaper monopolization claim brought by a competing paper. The court of appeals affirmed the take-nothing judgment.
- Obtained directed verdict in federal antitrust action for national distributor of videotapes and DVDs, which was affirmed on appeal.
Other Litigation Matters
- Regularly advise print and broadcast organizations on pre-publication and pre-broadcast review.
- Regularly advise about advertising issues.
- Obtained temporary restraining order against ex-employee of radio station to enforce covenant not to compete.
- Successfully defended sex discrimination and harassment suit filed by former employee of television network’s affiliated business.
- Obtained summary judgment on behalf of cable network and its parent corporation in federal music copyright infringement action.
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