Because our communications and media practice is integrated with top trial and appellate lawyers from our extensive litigation practice, the trade associations, joint ventures, individual companies and journalists we represent can be assured that their interests are being zealously guarded by litigators who understand the full business and policy implications of any contentious proceeding. In addition to our extensive US litigation experience we work closely with litigation and arbitration counsel in our London and Brussels offices to provide seamless representation of communications and media issues in arbitration proceedings globally and before the English courts and regional tribunals such as the European Court of Human Rights, the International Court of Justice and United Nations special tribunals for war crimes.
Communications
Our work has included defending and challenging orders of the Federal Communications Commission before federal appellate courts and defending statutory challenges to legislation in trial-level federal courts.
Covington has represented individual broadcast stations and associations representing network affiliates in administrative litigation before the Federal Communications Commission, and in litigation matters arising out of rules promulgated by the FCC. We have also represented broadcasters and other content providers in litigation matters against cable and satellite distributors of programming. We provide behind-the-scenes strategy and advice on antitrust, market conditions, and other related issues for programmers who are seeking cable carriage on satisfactory terms. We also litigate on behalf of broadcasters and other program providers who have claims against cable or satellite systems arising out of the carriage, or failure to carry, their programming.
Media & Content, including Intellectual Property
We represent major newspapers, magazines, television broadcasters, sports leagues, Internet publishers and other groups in defamation and invasion of privacy litigation, copyright and fair use negotiations and litigation, negotiations with the US government related to journalists' possession of documents claimed to be classified, efforts to maintain the integrity of the newsgathering process and efforts to open courts and records. Working closely with our colleagues in London and Brussels and with a network of counsel relationships around the world, we provide integrated, quick and effective international newsgathering and libel advisory and litigation representation.
Technology
We have assisted technology companies on a broad range of litigation matters, including appeals of agency decisions and challenges to agency authority to regulate new technologies. For example, we successfully challenged before the United States Court of Appeal for the D.C. Circuit the FCC's rules mandating that telecommunications and Internet companies install equipment to permit law enforcement to monitor private telephone and Internet communications.
Advertising and Commercial Speech
We have industry-leading expertise on advertising and commercial speech issues. Covington counsels many clients about FTC Act, Lanham Act and copyright issues arising from their advertising and also provides advice concerning European government advertising initiatives.
Other
Other litigation areas for communications and media clients in which we have been engaged include white collar investigations and litigation, insurance for libel and satellite damage claims, ERISA and employment issues and complex contract and business litigation.
Representative Matters
- We represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
- We have represented the wireless industry, broadcasters, and the public television community in defending FCC regulatory actions pursuant to groundbreaking legislation.
- We represented the NBC, CBS, and ABC television affiliates before the D.C. Circuit in a challenge to the validity of FCC restrictions on television network ownership of stations affiliated with the network, and on common ownership of cable systems and television stations.
- We represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
Accolades
- Best Lawyers in America, a Covington partner recognized for Appellate Law/Administrative Law (2007).
- Chambers USA, a Covington partner was ranked as a leading Appellate Litigation lawyer (2006-2007).
- Chambers USA, leading Communications practice (2004-2007).
- Chambers USA, leading Communications Finance practice (2006).
- Chambers USA, leading Media and Entertainment practice (2006-2007).
- Practical Law Company, leading Communications practice (2005 & 2006).
- International Who’s Who of Business Lawyers, two attorneys recognized for Regulatory Communications (2005-2006).
- Best Lawyers in America, Covington partners are listed for First Amendment and Media law (2006).
- Our partners have significant experience outside of the practice ─ for example, on Capitol Hill, where they were deeply involved in the development of telecommunications legislation, and in the executive suites of major and highly visible media companies.
- Our partners have over the years held leadership positions in major associations in the media field ─ including the Federal Communications Bar Association, the International Radio and Television Society Foundation, the Media Institute and the Media Law Resource Center.
- A Covington partner has recently served as president of the Defense Council Section of the Media Law Resource Center, the national organization of media defense attorneys, and as president of the First Amendment Advisory Council of the Media Institute.
- A Covington partner received the Sprague Award and the President’s Medal from the National Press Photographers Association for service to the First Amendment.
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