Cases
Experience: Media
Entertainment Litigation: Lead national litigation counsel for several media clients, including an industry-leading newspaper/website publishing company.
Primary outside counsel to the New York News Publishers Association, Inc.
Primary regional litigation counsel to an international broadcasting/entertainment company.
Represented numerous national media companies
publications in significant litigation matters.
Reported Cases: Jeanty v. Police Officer Michael Cerminaro, et al.:, 2023 WL 325012 (Jan. 20, 2023) (affirming Rule 12(b)(6) dismissal of defamation Complaint based on New York's statutory fair report privilege)
Gannett Media Corp. v. United States:, Case No. 22-2160 (2d Cir. December 20, 2022) - obtained Second Circuit's vacatur of district court's order sealing records pertaining to prosecutorial misconduct for failure to comply with First Amendment's requirements.
S
mann v. Gannett Co., Inc.:, 2022 U.S. Dist. LEXIS 132990 (E.D. Ky) (Jul. 26, 2022) (granting summary judgment dismissing defamation complaint on ground that statement plaintiff 'blocked' a Native American Indian on the steps of the Lincoln Memorial constituted protected opinion under First Amendment)
Doe v. Flores:, 2022 Ky.App.LEXIS 85 (Ky. Ct. App. 2022) (dismissing defamation complaint against comedian Kathy Griffin based on lack of personal jurisdiction under Kentucky's long-arm statute
Due Process Clause)
Earley v. GateHouse Media Pennsylvania Holdings, Inc: ., 2013WL 5466149 (M.D.Pa. Sept. 30, 2013) (granting newspaper's Rule 12(b)(6) motion to dismiss because defamation complaint brought by public official plaintiff failed to specify factual allegations sufficient to support a plausible inference of actual malice)
Gisel v. Clear Channel Communications, Inc: ., 94 A.D.3d 1525, 942 N.Y.S.2d 751, 40 Med. L. Rep. 2137 (4th Dep't 2012) (affirming dismissal as a matter of law of defamation claim asserted against radio talk show host)
Hadley v. GateHouse Media Freeport Holdings, Inc.:, No. 12-Civ.-1548, 2012 WL 2866463 (N.D. Ill. July 10, 2012) (granting Rule 12(b)(6) motion to dismiss libel claim asserted against newspaper website on basis of immunity provided under Section 230 of Communications Decency Act for user-generated content)
Feldman v. Edwab:, 2011 WL 1298717 (N.D.N.Y. Mar. 31, 2011) (granting libel defendant's Rule 12(b)(6) motion to dismiss complaint based on application of constitutional opinion privilege)
Proskin v. Hearst Corp: ., 31 Med. L. Rptr. 2545 (Albany Co. Sup. Ct., 2003), aff'd, 14 A.D.3d 782 (3d Dep't 2005) (dismissal of defamation claims asserted against newspaper by former District Attorney
County Court Judge based on statement that he 'altered' client's will)
Anslow v. J. R. Gach
Clear Channel Communications, Inc: ., 32 Med. L. Rptr. 2438 (Albany Co. Sup. Ct., 2003) (dismissal of defamation case against radio talk show host who called social services case worker a 'murderer'
'baby killer' on the air)
Garns v. Lonsberry
Clear Channel Communications, Inc: ., 32 Med. L. Rptr. 1907 (Monroe Co. Sup. Ct., 2003) (dismissal of defamation
emotional distress claims asserted against radio talk show host
broadcasting station)
Moon v. Clear Channel Communications, Inc: ., 307 A.D.2d 628, 763 N.Y.S.2d 157 (3d Dep't 2003) (dismissal of breach of contract
fraud claims asserted by radio personalities against former employer)
Bartel v. Capital Newspapers Div. of the Hearst Corp: ., 174 Misc.2d 380, 664 N.Y.S.2d 398, 26 Med. L. Rptr. 2500 (Albany Co. Ct., 1997) (dismissal of freelance newspaper correspondent's breach of contract claim as preempted by Copyright Act)
Doe v. Hearst Corp: ., 25 Med. L. Rptr. 1483 (Albany Co. Sup. Ct., 1996) (dismissal of invasion of privacy
emotional distress claims based on newspaper's alleged identification of sexual assault victim)
Commonwealth of Mass. v. George W. Prescott Publ. Co: ., 463 Mass. 258, 973 N.E.2d 667 (Mass. 2012) (Supreme Judicial Court of Massachusetts holds that state's rape shield law does not preclude public's presumptive right of access to search warrant materials filed in court, that no good cause exists for continued impoundment,
that disclosure will not impair criminal Defendant's 6th Amendment fair trial right)
Mancheski v. Gabelli Group Capital Partners:, 39 A.D.3d 499, 835 N.Y.S.2d 595 (2d Dep't 2007) (intervention motion by Bloomberg News for public access to summary judgment motion documents in civil case involving prominent hedge fund)
Lugosch v. Congel:, 435 F.3d 110 (2d Cir. 2006) ('immediate' right of public access to sealed summary judgment motion papers
for the first time, Second Circuit recognized a First Amendment-based presumption of access to judicial documents in civil proceedings)
People v. Porco,: 34 Med. L. Rptr. 2281 (Albany Co. Ct., 2006) (public access to pretrial suppression hearings
defendant's videotaped statement given to police in high profile murder prosecution)
Jane Doe 1 v. New York University:, 786 N.Y.S.2d 892, 2004 WL 2980137 (N.Y. Co. Supt. Ct., 2004) (prior restraint on publication of sexual offense victims' names
unsealing of court records)
United States v. Lawrence:, 167 F.Supp.2d 504 (N.D.N.Y. 2001) (public access to sentencing letters submitted on behalf of convicted defendant)
Daily News L.P., et al. v. Teresi:, 265 A.D.2d 129, 706 N.Y.S.2d 527, 28 Med. L. Rptr. 2528 (3d Dep't 2000) (public access to pre-trial criminal motion papers)
Daily News L.P., et al. v. Teresi:, 275 A.D.2d 812, 712 N.Y.S.2d 704 (3d Dep't 2000) (public access to criminal trial exhibits)
People v. Arroyo:, 177 Misc.2d 106, 675 N.Y.S.2d 272 (Schoharie Co. Ct., 1998) (public access to pretrial criminal hearing
court records)
People v. Hansen:, 27 Med. L. Rptr. 1605 (Albany Co. Ct., 1998) (public access to pretrial criminal hearing
court records)
A.W. Lawrence & Co. v. State of New York Ins. Dept: ., 238 A.D.2d 700, 656 N.Y.S.2d 975 (3d Dep't 1997) (public access to NYS Insurance Dept. license revocation proceeding)
In re Savitt/Adler Litigation:, 1997 WL 507365 (N.D.N.Y. Aug. 13, 1997) (public access to civil discovery materials)
In re Savitt/Adler Litigation:, 1997 WL 797511 (N.D.N.Y. Dec. 23, 1997) (public access to summary judgment motions filed under seal)
Glens Falls Newspapers v. Berke:, 206 A.D.2d 668, 614 N.Y.S.2d 628, 22 Med. L. Rptr. 2511 (3d Dep't 1994) (public access to recusal motions)
Harbatkin v. N.Y.C. Dep't of Records & Information Servs: ., 19 N.Y.3d 373 (N.Y. 2012) (New York Court of Appeals granted partial disclosure in unredacted format of interview transcripts from historically significant anti-Communist series of files maintained by New York City Board of Education)
Newsday, Inc. v. NYSDOT:, 1 Misc.3d 321, 765 N.Y.S.2d 758 (N.Y. Sup. Ct. 2003), aff'd, 10 A.D.3d 201, 780 N.Y.S.2d 402 (3d Dep't 2004), aff'd, 5 N.Y.3d 84, 800 N.Y.S.2d 67 (2005) (FOIL access to federally m
ated hazardous roadway intersection
priority repair records maintained by NYS Department of Transportation)
Daily Gazette Co. v. City of Schenectady:, 93 N.Y.2d 145, 710 N.E.2d 1072, 688 N.Y.S.2d 472 (1999) (FOIL disclosure of police department disciplinary records)
People v. Porco:, 34 Med. L. Rptr. 2281 (Albany County Court, 2006) (still photographic coverage of criminal trial proceedings
television coverage of closing arguments by national CBS news program 48 Hours)
People v. Zwack:, 188 Misc.2d 761, 729 N.Y.S.2d 846 (Rensselaer Co. Ct., 2001) (audio-visual
still photographic coverage of criminal trial proceedings)
Clear Channel Communications, Inc. v. Rosen:, 263 A.D.2d 663, 692 N.Y.S.2d 812 (3d Dep't 1999) (audio-visual coverage of criminal trial proceedings)
Kirk v. Commonwealth of Mass: ., 459 Mass. 67, 944 N.E.2d 135 (Mass. 2011) (Supreme Judicial Court of Massachusetts applies rigorous st
ard in extending public's right of access to civil commitment proceedings)
Beechwood Restorative Care Center v. Signor:, 5 N.Y.3d 435, 808 N.Y.S.2d 568 (2005) (Amici Curiae - represented several national news organizations in case of first impression involving interpretation of FOIL's attorneys' fees provision)
Courtroom Television Network, LLC v. State of New York:, 5 N.Y.3d 222, 800 N.Y.S.2d 522 (2005) (Amicus Curiae representation of global communications company in support of Court TV's constitutional challenge to New York State law prohibiting audio-visual coverage of in-court proceedings)
New York Civil Liberties Union v. City of Schenectady:, 2 N.Y.3d 657, 814 N.E.2d 437, 781 N.Y.S.2d 267 (2004) (Amici Curiae - represented several national news organizations in support of FOIL disclosure of police use of force records)
Previous Experience: Prior to joining the firm, Michael was Assistant General Counsel at University of Vermont in Burlington
Director of the Arthur Levitt Public Policy Center at Hamilton College, where his teaching concentrated on First Amendment
constitutional law.
