Media and First Amendment

We are regular outside litigation counsel to Bloomberg News, assisting Bloomberg in all of its media law needs, including pre-publication review of articles, defense of libel claims, assertion of reporters’ shield laws to prevent disclosure of unpublished newsroom material, and intervention in cases around the country to unseal records and proceedings.

Representative recent media and first amendment matters include: 

  • Bloomberg L.P. v. Board of Governors of the Federal Reserve System, (2d Cir. 2010).  Secured a landmark decision affirming S.D.N.Y. ruling that Federal Reserve must disclose bank bailout records under Freedom of Information Act. In March 2011, the United States Supreme Court denied petition for a writ of certiorari to reconsider the Circuit's ruling, putting an end to the two-year legal battle over disclosure of emergency Fed loans during the financial crisis and providing a very significant win for our client Bloomberg and the press more generally.
  • U.S. v. First Data Corp., (D.D.C. 2003).  Intervene on behalf of media entity to unseal proceedings in antitrust action.
  • Computerized Thermal Imaging v. Bloomberg L.P., 312 F.3d 1292 (10th Cir. 2002).   Defend Bloomberg against defamation claim.
  • Hart v. Internet Wire, et al., 31 Media L. Rep. 1027 (2d Cir. 2002).   Defend Bloomberg against securities fraud claim for publishing an article based on bogus press release.
  • SEC v. The Street.com, 273 F.3d 222 (2d Cir. 2002).  Represent amicus curiae in appeal concerning media’s right to access sealed deposition transcripts.