Fighting on behalf of clients regarding First Amendment rights is very fulfilling for me. My passion for the Constitution and all it ensures for a free society is one reason I wanted to become a lawyer.
About Dana J.
Dana is the managing partner in TLo’s Fort Lauderdale office. She practices at the trial and appellate levels, handling a wide range of matters involving media and communications law, including defending libel and invasion of privacy claims pursuing access to judicial proceedings and public records, resisting reporter subpoenas, and conducting pre-publication review of television broadcasts and news articles.
Dana also regularly litigates intellectual property matters including defending misappropriations claims, trademark and copyright infringement actions. She also practices general commercial litigation and provides appellate and trial support.
Dana has served as chair of the American Bar Association’s Tort Trial and Insurance Practice Section’s (TIPS) Media, Privacy and Advertising Law Committee, the Florida Bar’s Media and Communications Law Committee, and the Florida Bar’s Media Law Conference and Reporter’s Workshop. Dana is a member of the Media Law Resource Center’s Insurance Committee, and previously served on the Board of Trustees of Florida’s First Amendment Foundation.
A former editor of the Independent Florida Alligator at the University of Florida, Dana worked as a staff writer for the Florida Times Union and Gainesville Sun before attending law school. She also has been chosen for induction into the Independent Florida Alligator Hall of Fame.
JD, University of Florida, 1989
BA, University of Florida, 1984
Nikolas Cruz v. State of Florida, 279 So. 3d 154 (Fla. 4th DCA 2019), rev. denied (Fla. 2020). Successfully protected the right of access on behalf of the South Florida Sun Sentinel to the jail visitation logs of Parkland shooter Nikolas Cruz. The trial and appellate court agreed with our arguments that the Public Records Act contains no exemption for these records and that they were not protected by the attorney or work-product privileges, even if they include the names of experts visiting Cruz in jail.
State Attorney’s Office of 17th Jud. Cir. v. Cable News Network, 251 So. 3d 205 (Fla. 4th DCA 2018), review denied (Fla. 2018). On behalf of a consortium of media companies, obtained surveillance video of law enforcement’s response to the Parkland school shooting, defeating argument that video was exempt from disclosure.
School Board of Broward County v. Cruz and State v. Cruz (Fla. Cir Ct. 2018). Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.
McClatchy Company, LLC v. Florida Department of Children and Families, Case No. 2021-003289-CA-01 (Fla. 11th Jud. Cir. May 2023). Won final summary judgment and attorney’s fees in a public records action to obtain the full case file of a 22-month-old toddler who died while in the custody of DCF. The court agreed that Florida statutes made these records public upon a determination of that the child died of abuse, abandonment, and neglect, determined that DCF wrongfully withheld these records and filed a frivolous appeal, and awarded over $370,000 in trial and appellate fees and costs.
Klayman v. Cable News Network, Inc., 2023 WL 2027843 (11th Cir. 2023). Assisted with successful trial court defense of libel action against CNN and affirmance of dismissal on appeal.
Corsi v. Newsmax Media, Inc., 519 F. Supp. 3d 1110 (S.D. Fla. 2021). Assisted with successful defense of defamation action against network arising from live news broadcast.
Transportation Casualty Ins. Co. v. Soil Tech Distributors, Inc., 966 So. 2d 8 (Fla. 4th DCA 2007). Obtained appellate reversal of trial court dismissal of insurance company’s complaint for declaratory relief.
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.
Fletcher v. South Fla. Sun Sentinel, 13 Fla. L. Weekly Supp. 451b, 34 Media L. Rep. (BNA) 1952 (Fla. 17th Cir. Ct. January 30, 2006). Won affirmance of summary judgment for defendant in defamation action.
In re: Amendments to the Rules of Judicial Administration, 915 So. 2d 157 (Fla. 2005). Helped convince Florida Supreme Court to reject proposed rule change limiting camera coverage of court proceedings and jurors.
Carter v. Frito-Lay, Inc., 144 Fed. Appx. 815 (11th Cir. 2005). Won affirmance of dismissal of product liability claims.
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.
Mayhall v. Dennis Stuff, Inc., 31 Media L. Rep. (BNA) 1567 (Fla. 6th Cir. Ct. June 4, 2002), Obtained summary judgment in invasion of privacy action against magazine.
Lewis v. Sunbeam Television Corp., 28 Media L. Rep. (BNA) 2214 (Fla. 11th Cir. Ct. March 8, 2000), Obtained dismissal of newsgathering and invasion of privacy claims against television news station.
Stewart v. Sun-Sentinel Co., 360 So. 2d 695 (Fla. 4th DCA 1997). Won affirmance of summary judgment in defamation action.
Magnum Towing, Inc. v. Sunbeam Television Corp., 6 Fla. L. Weekly Supp. 417 (Fla. 11th Cir. Ct. November 7, 1997). Obtained summary judgment for defendant in libel action.
Miami Child’s World, Inc. v. Sunbeam Television Corp., 336 So. 2d 669 (Fla. 3d DCA 1996). Won affirmance of summary judgment in defamation action.
Woodard v. Sunbeam Television Corp., 616 So. 2d 501 (Fla. 3d DCA 1993). Obtained summary judgment in defamation and invasion of privacy action.
Bass v. Post-Newsweek Stations of Florida, Inc., 24 Media L. Rep. (BNA) 1991 (Fla. 11th Cir. Ct. February 7, 1996). Obtained dismissal of defamation action against television news stations.
Recognitions
Appearances
Facilitator, Libel Breakout Session, Media Law Resource Center Conference, 2006
The Florida Bar Media Law Conference (annual): Moderator/participant on various panels
The Florida Bar Reporter’s Workshop (annual): Moderator/participant on various panels
Adjunct Lecturer, Florida International University, Annual Media and Communications Law Seminar, 1995 – Present
Adjunct Lecturer, Spring Term, University of Miami, School of Communication, Mass Media Law, 1993
Publications
Co-Author, ”Boxing Promoter Don King K.O.’d in Florida Appellate Court on Defamation Claims”, Sedgwick LLP’s Media Law Bulletin, September, 2010
Co-Author, ”Cameras in the Courtroom,” Reporter’s Handbook (annual), The Florida Bar (1996 to present)
”Eleventh Circuit Rules Police Officer Cannot be Sued for Arresting News Photographer During Riot Coverage,” MLRC MediaLawLetter, January, 2004
Co-Author, “Decision Revives Protection for Opinion in Florida,” The Brechner Report, The Brechner Center for Freedom of Information, ”The Back Page”, June, 1996
Co-Author, “Florida Government in the Sunshine: A Citizen’s Guide,” The Brechner Report, The Brechner Center for Freedom of Information, 1992
“Bradley McGee Law Eases Access to HRS Records,” The Brechner Report, The Brechner Center for Freedom of Information, ”The Back Page”, January, 1991
About Dana J.
Dana is the managing partner in TLo’s Fort Lauderdale office. She practices at the trial and appellate levels, handling a wide range of matters involving media and communications law, including defending libel and invasion of privacy claims pursuing access to judicial proceedings and public records, resisting reporter subpoenas, and conducting pre-publication review of television broadcasts and news articles.
Dana also regularly litigates intellectual property matters including defending misappropriations claims, trademark and copyright infringement actions. She also practices general commercial litigation and provides appellate and trial support.
Dana has served as chair of the American Bar Association’s Tort Trial and Insurance Practice Section’s (TIPS) Media, Privacy and Advertising Law Committee, the Florida Bar’s Media and Communications Law Committee, and the Florida Bar’s Media Law Conference and Reporter’s Workshop. Dana is a member of the Media Law Resource Center’s Insurance Committee, and previously served on the Board of Trustees of Florida’s First Amendment Foundation.
A former editor of the Independent Florida Alligator at the University of Florida, Dana worked as a staff writer for the Florida Times Union and Gainesville Sun before attending law school. She also has been chosen for induction into the Independent Florida Alligator Hall of Fame.
Education
JD, University of Florida, 1989
BA, University of Florida, 1984
Representative Matters
Nikolas Cruz v. State of Florida, 279 So. 3d 154 (Fla. 4th DCA 2019), rev. denied (Fla. 2020). Successfully protected the right of access on behalf of the South Florida Sun Sentinel to the jail visitation logs of Parkland shooter Nikolas Cruz. The trial and appellate court agreed with our arguments that the Public Records Act contains no exemption for these records and that they were not protected by the attorney or work-product privileges, even if they include the names of experts visiting Cruz in jail.
State Attorney’s Office of 17th Jud. Cir. v. Cable News Network, 251 So. 3d 205 (Fla. 4th DCA 2018), review denied (Fla. 2018). On behalf of a consortium of media companies, obtained surveillance video of law enforcement’s response to the Parkland school shooting, defeating argument that video was exempt from disclosure.
School Board of Broward County v. Cruz and State v. Cruz (Fla. Cir Ct. 2018). Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.
McClatchy Company, LLC v. Florida Department of Children and Families, Case No. 2021-003289-CA-01 (Fla. 11th Jud. Cir. May 2023). Won final summary judgment and attorney’s fees in a public records action to obtain the full case file of a 22-month-old toddler who died while in the custody of DCF. The court agreed that Florida statutes made these records public upon a determination of that the child died of abuse, abandonment, and neglect, determined that DCF wrongfully withheld these records and filed a frivolous appeal, and awarded over $370,000 in trial and appellate fees and costs.
Klayman v. Cable News Network, Inc., 2023 WL 2027843 (11th Cir. 2023). Assisted with successful trial court defense of libel action against CNN and affirmance of dismissal on appeal.
Corsi v. Newsmax Media, Inc., 519 F. Supp. 3d 1110 (S.D. Fla. 2021). Assisted with successful defense of defamation action against network arising from live news broadcast.
Transportation Casualty Ins. Co. v. Soil Tech Distributors, Inc., 966 So. 2d 8 (Fla. 4th DCA 2007). Obtained appellate reversal of trial court dismissal of insurance company’s complaint for declaratory relief.
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.
Fletcher v. South Fla. Sun Sentinel, 13 Fla. L. Weekly Supp. 451b, 34 Media L. Rep. (BNA) 1952 (Fla. 17th Cir. Ct. January 30, 2006). Won affirmance of summary judgment for defendant in defamation action.
In re: Amendments to the Rules of Judicial Administration, 915 So. 2d 157 (Fla. 2005). Helped convince Florida Supreme Court to reject proposed rule change limiting camera coverage of court proceedings and jurors.
Carter v. Frito-Lay, Inc., 144 Fed. Appx. 815 (11th Cir. 2005). Won affirmance of dismissal of product liability claims.
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.
Mayhall v. Dennis Stuff, Inc., 31 Media L. Rep. (BNA) 1567 (Fla. 6th Cir. Ct. June 4, 2002), Obtained summary judgment in invasion of privacy action against magazine.
Lewis v. Sunbeam Television Corp., 28 Media L. Rep. (BNA) 2214 (Fla. 11th Cir. Ct. March 8, 2000), Obtained dismissal of newsgathering and invasion of privacy claims against television news station.
Stewart v. Sun-Sentinel Co., 360 So. 2d 695 (Fla. 4th DCA 1997). Won affirmance of summary judgment in defamation action.
Magnum Towing, Inc. v. Sunbeam Television Corp., 6 Fla. L. Weekly Supp. 417 (Fla. 11th Cir. Ct. November 7, 1997). Obtained summary judgment for defendant in libel action.
Miami Child’s World, Inc. v. Sunbeam Television Corp., 336 So. 2d 669 (Fla. 3d DCA 1996). Won affirmance of summary judgment in defamation action.
Woodard v. Sunbeam Television Corp., 616 So. 2d 501 (Fla. 3d DCA 1993). Obtained summary judgment in defamation and invasion of privacy action.
Bass v. Post-Newsweek Stations of Florida, Inc., 24 Media L. Rep. (BNA) 1991 (Fla. 11th Cir. Ct. February 7, 1996). Obtained dismissal of defamation action against television news stations.
Bar Admissions
Recognitions
Appearances and Publications
Appearances
Facilitator, Libel Breakout Session, Media Law Resource Center Conference, 2006
The Florida Bar Media Law Conference (annual): Moderator/participant on various panels
The Florida Bar Reporter’s Workshop (annual): Moderator/participant on various panels
Adjunct Lecturer, Florida International University, Annual Media and Communications Law Seminar, 1995 – Present
Adjunct Lecturer, Spring Term, University of Miami, School of Communication, Mass Media Law, 1993
Publications
Co-Author, ”Boxing Promoter Don King K.O.’d in Florida Appellate Court on Defamation Claims”, Sedgwick LLP’s Media Law Bulletin, September, 2010
Co-Author, ”Cameras in the Courtroom,” Reporter’s Handbook (annual), The Florida Bar (1996 to present)
”Eleventh Circuit Rules Police Officer Cannot be Sued for Arresting News Photographer During Riot Coverage,” MLRC MediaLawLetter, January, 2004
Co-Author, “Decision Revives Protection for Opinion in Florida,” The Brechner Report, The Brechner Center for Freedom of Information, ”The Back Page”, June, 1996
Co-Author, “Florida Government in the Sunshine: A Citizen’s Guide,” The Brechner Report, The Brechner Center for Freedom of Information, 1992
“Bradley McGee Law Eases Access to HRS Records,” The Brechner Report, The Brechner Center for Freedom of Information, ”The Back Page”, January, 1991