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Results

TLo lawyers have achieved positive and substantial results for our clients in a wide range of litigation matters, including business disputes, defamation and invasion of privacy claims, intellectual property suits, and access to public records and proceedings/Freedom of Information Act claims. We also have been leaders in advocating for legislation and judicial rules consistent with our commitment to free speech and a free press. Some examples of our results-driven advocacy include:

  • Salvani v. ADVFN PLC, Case No. 14-3994-CV, 2015 WL 5894090 (2d Cir. Oct. 9, 2015). Convinced Second Circuit Court of Appeal to affirm dismissal of claims under the Securities Exchange Act against a website publisher.
  • Quade v. Entertainment Events, Inc. (Amer. Arb. Ass'n, Case No. 13 140 Y 00169 07) (2011). Won million dollar breach-of-contract verdict for producer of off-Broadway plays.
  • Davis v. Avvo, 2011 WL 4063282 (M.D. Fla. 2011). Convinced court to enforce of Terms Of Use for attorney-ratings website, resulting in transfer of case to jurisdiction with favorable anti-SLAPP statute; transfer lead to dismissal of case and award of attorney’s fees.
  • O’Barry v. Ocean World, SA, 17 So. 2d 1286 (Fla. 4th DCA 2009). Protected client from improper financial discovery in tortious interference case.
  • Xerox Corp. v. Smartech Document Management, Inc., 979 So. 2d 957 (Fla. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
  • Yakavonis v. Dolphin Petroleum, Inc., 934 So. 2d 615 (Fla. 4th DCA 2006). Won affirmance of trial court’s award of attorney’s fees to defendant in personal injury action.
  • Carter v. Frito-Lay, Inc., 144 Fed. Appx. 815 (11th Cir. 2005). Won affirmance of dismissal of product liability claims.
  • Medytox et al. v. InvestorsHub.com, 152 So.3d 727 (Fla. 4th DCA 2014). Affirmed dismissal of defamation claim based upon client’s immunity as an internet service provider under the Communications Decency Act, and successfully argued in Florida and U.S. Supreme Courts to deny further review.
  • Angelastro v. Sarasota Herald-Tribune, 145 So. 3d 838 (Fla. 2d DCA 2014). Won summary judgment in favor of newspaper defendant in a defamation suit.
  • Grund v. Am. Media, Inc., 117 So. 3d 425 (Fla. 4th DCA 2013). Convinced appellate court to affirm summary judgment in favor of publisher on privilege grounds in a defamation case pertaining to client’s reporting on the high profile prosecution of Casey Anthony.
  • Canonico v. Calloway, 26 So. 3d 53 (Fla. 2d DCA 2010). Won decision dismissing defamation claim brought by reality-television producer against television network and reporter.
  • Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008). On behalf of a consortium of media companies, convinced Florida Supreme Court not to adopt tort of false light invasion of privacy in Florida.
  • Casita, L.P. v. Maplewood Equity Partners, L.P., 960 So. 2d 854 (Fla. 3d DCA 2007). Defeated allegations of personal jurisdiction in a defamation and tortious interference case based on non-resident defendants’ alleged statements published outside of the state.
  • Holt v. Tampa Bay Television, Inc., 976 So. 2d 1106 (Fla. 2d DCA 2007). Successfully defended against online-content claims in case of first impression extending traditional media defenses to Internet publication.
  • Lusczynski v. Tampa Bay Television (2006). Won jury verdict for WFTS-TV in defamation and false light case brought by three police officers.
  • Tyne v. Time-Warner Entertainment, Co., 901 So.2d 802 (Fla. 2005). Persuaded Florida Supreme Court to affirm right of the producers of The Perfect Storm to create a movie depicting historical events without having to obtain consent of individuals portrayed in the movie.
  • Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Reversed cybersquatting verdict and convinced court that plaintiff failed to establish trademark rights.
  • MoistTech Corp. v. Sensortech Systems, Inc., 2015 WL 3952341 (M.D. Fla. 2015). Obtained transfer of Lanham Act case to California.
  • Youngevity International, Inc. v. Renew Life Formulas, Inc., 42 F. Supp. 3d 1377 (S.D. Cal. 2014). Won order staying retaliatory Lanham Act case in California and permitting our client’s first filed case to proceed in Florida.
  • Martinick et al v. Media Visions, Case No. 13-61148 (S.D. Fla) (2013). Obtained denial of preliminary injunction and dismissal of complaint alleging unfair competition under the Lanham Act.
  • Bond & Co. Jewelers, Inc. v. Texas Int'l Property Associates, Claim No. FA0703000937650 (Nat'l Arb. Forum April 30, 2007) (http://www.adrforum.com/domaindecisions/937650.htm). Obtained order compelling transfer of domain name.
  • Tribune Co. Holdings, Inc. v. Times Pub. Co., 2006 WL 680804 (M.D. Fla. 2006). Obtained preliminary injunction halting adoption of infringing trademark by rival newspaper.
  • Department of Corrections v. Amanda St. Hilaire and ABC 27 News, 128 A.3d 859 (Pa. Commw. Ct. 2015). Successfully represented television news station and reporter in Pennsylvania open records appeal by Department of Corrections regarding access to inmate injury records.
  • Bainter v. League of Women Voters of Florida, 150 So. 3d 1115 (Fla. 2014). Successfully represented national coalition of media parties in friend-of-the-court capacity seeking access to sealed evidence considered by trial court in determining whether state legislature’s redistricting plan was constitutional.
  • NCAA v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). Successfully litigated Florida Public Records Act case against Florida State University and the NCAA for access to documents related to a cheating scandal at the University.
  • Epstein v. State, 16 So.3d 315 (Fla. 4th DCA 2009). Obtained information contained in federal plea agreement in high profile criminal case under Florida’s Public Records Act.
  • Sun-Sentinel Co. v. U.S. Dep’t of Homeland Security, 489 F.3d 1173 (11th Cir. 2007). Obtained addresses of persons requesting FEMA assistance after 2004 hurricanes under Freedom of Information Act.
  • Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla.2d DCA 2006). Obtained ruling that the media is entitled to review motion seeking to seal discovery materials and that the motion itself cannot be sealed.
  • Sarasota Herald-Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2005). Convinced appellate court that crime scene photographs shown to jury in murder trial were subject to inspection by media.
  • Sarasota Herald-Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2005). Invalidated trial court order prohibiting publication of juror names and prohibiting photographing jurors as prior restraint.
  • In re Records of Dep’t of Children and Family Services, 873 So. 2d 506 (Fla. 2d DCA 2004). Obtained access to DCF records for newspaper client and clarified good-cause standard for obtaining confidential DCF records.
  • U.S. v. Diaz, 2004 WL 1944851, 32 Media L. Rep. (BNA) 1794 (S.D. Fla. April 27, 2004). Obtained order quashing subpoena for testimony of television news reporter.
  • Fla. Dep’t of Children & Families v. Sun-Sentinel, Inc., 839 So. 2d 790 (Fla. 4th DCA 2003), aff’d in part, rev’d in part, 865 So. 2d 1278 (Fla. 2004). Won affirmance of decision refusing to limit access to public records by enforcing home venue rule for government agencies.
  • SCI Funeral Services of Florida, Inc. v. Light, 811 So.2d 796 (Fla. 4th DCA 2002). Convinced appellate court to affirm trial court’s refusal to limit public access to discovery materials.

Fla. Stat. § 768.295 (Florida’s anti-SLAPP law). Testified before legislative committees, and analyzed, participated in drafting, and helped organize efforts to pass Florida’s broadened anti-SLAPP law.

Remote Access to Court Records. For nearly a decade, lead national and statewide media coalition advocating for remote access to Florida court records; many Florida counties are now moving from remote access pilot programs to full production. See

  • In re Amendments to Fla. R. Jud. Admin. 2.420, 153 So. 3d 896 (Fla. 2014).
  • In re Implementation of Committee on Privacy & Court Records Recommendations, 80 So. 3d 317 (Fla. 2012)
  • In re Amendments to Fla. R. Jud. Admin. 2.420 & Fla. R. App. P., 31 So. 3d 756 (Fla. 2010).
  • In re Amendments to Fla. R. Jud. Admin. 2.420 – Sealing of Court Records & Dockets, 954 So. 2d 16 (Fla. 2007).

Advocated and testified in favor of amendments to Judicial Rules and Rules of Appellate Procedure in favor of open access to court records. See

  • In re Amendments to Fla. R. App. P., 2 So. 3d 89 (Fla. 2009).
  • In re Amendments to R. Jud. Admin. (Two-Year Cycle), 915 So. 2d 157 (Fla. 2005).