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MLRC LONDON
CONFERENCE September 23 & 24, 2013
International Developments
in Media Libel, Privacy,
Newsgathering,
and New Media IP Law
Stationers’ Hall
Ave Maria Lane, London EC4
P R E S E N T E D B Y
Media Law Resource Center
CONFERENCE SPONSORS
Leopold Petrich & Smith
ABOUT THE MEDIA LAW RESOURCE CENTER
The MEDIA LAW RESOURCE CENTER, INC. (MLRC) is a non-profit membership
association for content providers in all media, and for their defense lawyers, providing a
wide range of resources on media and content law and policy issues. These include
news and analysis of legal, legislative and regulatory developments; litigation resources
and practice guides; and national and international media law conferences and meetings.
MLRC also works with its membership to respond to legislative and policy proposals, and
speaks to the press and public on media law and First Amendment issues.
MLRC was founded in 1980 by leading American publishers and broadcasters to assist
in defending and protecting free press rights under the First Amendment. Today MLRC is
supported by over one hundred and fifteen members, including leading publishers,
broadcasters, and cable programmers, internet operations, media and professional trade
associations, and media insurance professionals in America and around the world. The
MLRC’s Defense Counsel Section includes more than 200 law firms worldwide that
specialize in media defense representation.
Susan E. Weiner (Chair) NBCUniversal
Marc Lawrence-Apfelbaum Time Warner Cable
Karole Morgan-Prager The McClatchy Company
Lynn B. Oberlander The New Yorker Magazine
Gillian Phillips Guardian News & Media
Kenneth A. Richieri The New York Times Company
Mary Snapp Microsoft Corporation
Kurt Wimmer For the Newspaper Association of America
Robert P. Latham (DCS President) Jackson Walker LLP
Sandra Baron (Secretary) Media Law Resource Center
MLRC BOARD OF DIRECTORS
Dave Heller MLRC
Robert Balin Davis Wright Tremaine LLP
Adam Cannon The Telegraph
James Chadwick Sheppard Mullin LLP
Julie Ford George Brothers Kincaid & Horton LLP
David Hooper RPC
Denise Leary NPR
Gillian Phillips The Guardian
Niri Shan Taylor Wessing
Mark Stephens HowardKennedyFsi
CONFERENCE PLANNING COMMITTEE
SCHEDULE OF EVENTS
Sunday Night, September 22, 2013
6:30 – 8:30 pm Preconference Delegates Reception
Sponsored by Bloomberg L.P., City Gate House, 39-45 Finsbury
Square, London EC2A
Monday, September 23, 2013
8:30 – 9:00 Stationers’ Hall Open for Registration
9:00 – 9:15 Welcome from MLRC’s Chair, Susan E. Weiner, NBCUniversal
9:15 – 10:30 Brave New World: Press Regulation in the UK?
Discussion and analysis of the role of government in regulating the
press and the post-Leveson media environment, featuring:
Lord Guy Black, Executive Director Telegraph Media Group and
Chris Blackhurst, Editor of The Independent and Group Editorial
Director, Independent and Evening Standard.
Moderators: Adam Cannon, Telegraph Media Group; Gill Phillips,
Guardian News & Media
10:30 – 12:00 Newsgathering Challenges: The Fate of Investigative Journalism
Have whistleblowers and confidential sources been silenced? Is
there a chilling effect? Does it signal the death of investigative
journalism? Whose law, what jurisdiction? Subterfuge, hacking,
hidden cameras, and illegally acquired information post-Leveson.
New high tech frontiers in newsgathering.
Discussion Leaders: Zoe Norden, Guardian News & Media;
Lee Williams, CNN
Lunch at Stationers’ Hall
1:00 – 1:40 After Lunch Speaker: Andrew Caldecott QC, One Brick Court
1:45- 3:00 Where Publishers Fear to Tread
Troublesome hot spots for publishers. Featuring: Oreste Pollicino,
Università Bocconi and Portolano Cavallo Studio Legale (Italy);
Michael Kealey, Associated Newspapers (Ireland); H.R. Dipendra,
(Malaysia).
Moderators: Gail Gove, Reuters; Michael Cameron, News Australia
Coffee & Tea Break
3:30 – 5:00 Data Protection: Everything You Need to Know, But Were Afraid
to Ask
Q&A with Jan Philipp Albrecht, Rapporteur for the EU’s proposed
Data Protection Regulation, Member of the European Parliament,
followed by group discussion
Update and discussion on the EU Data Protection overhaul, UK and
US concerns. How will the proposed rules and “right to be forgotten”
impact online news archives, data collection for journalistic purposes,
and data collection for media distribution? What claims can and are
being brought against the press for improper collection and use of
data?
Discussion Leaders: Nick Graham, Dentons; Mark Sableman,
Thompson Coburn LLP
6:30 to 9:00 Reception and Light Supper at the Tower of London
Sponsored by Hiscox
Tuesday, September 24, 2013
9:00 – 9:30 Stationers’ Hall Open for Registration
9:30 – 11:00 Defamation Law: Reform and Global Challenges
Impact of the new UK Defamation Bill: serious harm standard, public
interest privilege, single publication rule, protection for online
publishers, libel tourism. The impact of the proposed Leveson
regulation schemes on libel practice and procedure.
Discussion Leaders: Laura Handman, Davis Wright Tremaine LLP;
Marcus Partington, Trinity Mirror Group PLC
11:15 – 12:45 Privacy Law Developments: The Press Under a Microscope
What happens when government puts the “culture” of the press
under a microscope? Liability for privacy violations post-Leveson.
Should privacy law focus on press conduct or areas of life? The role
of the ECHR is setting standards. Should embarrassing photos be
private? Is bad online conduct testing the limits of privacy law?
Discussion Leaders: Harvey Kass, HowardKennedyFsi;
David Korzenik, Miller Korzenik & Sommers LLP
Lunch at Stationers’ Hall
1:45 – 3:15 Media IP Law Developments: Modernizing the Law for the Digital
Age
Can new IP frameworks support innovation, encourage creation and
promote economic growth in the digital age? Copyright reform bills
around the world and the impact on fair use, format shifting and
aggregation.
Discussion Leaders: Chip Babcock, Jackson Walker LLP;
Oliver Bray, RPC
Coffee & Tea Break
3:45 – 5:00 Contempt of Court in the Age of the Internet
The impact of social media and the Internet on the jury system and
fair trial rights and proposals to revise the law of contempt to regulate
news archives, ISPs and search engines.
Featuring: Justice Tugendhat (High Court England & Wales);
Justice Chris Maxwell (President Victoria Court of Appeals);
Keir Starmer QC, Director of Public Prosecutions.
Moderators: Gavin Millar QC, Doughty Street Chambers;
Julie Ford, George Brothers Kincaid & Horton LLP
Wednesday, September 25, 2013
9:00 – 10:30 In-house Counsel Breakfast Meeting
(Open to in-house media counsel only)
Hosted at The Telegraph, 111 Buckingham Palace Road, London
SW1
Discussion of in-house legal and management issues.
Discussions led by Adam Cannon, The Telegraph; Jason Conti, Dow
Jones, and Lesley Power, SBS (Australia).
MLRC LONDON CONFERENCE 2013
SPEAKERS
Lord Black of Brentwood (Guy Black) is Executive Director Telegraph Media Group. He
has been described as “the newspaper industry's eminence grise par excellence,” and
has been closely involved in the post-Leveson negotiations over future press regulations.
He was previously Director of the Press Complaints Commission (1996-2003); Press
Secretary to Michael Howard, Leader of the Opposition; and Director of Communications
for the Conservative Party (2003-2005). He currently serves as Chairman, Press
Standards Board of Finance (PressBoF) (2009-); Director, Advertising Standards Board
of Finance (2005-); Chairman, Commonwealth Press Union Media Trust (2009-) and
President, London Press Club (2012-). He is a Conservative Member of the House of
Lords since July 2010. Guy Black was also a Member of Parliament’s Joint Committee on
Privacy and Super-Injunctions (2011-12).
Chris Blackhurst is Group Content Director of The Independent and Evening Standard.
He rejoined The Independent as Editor in July 2011 and remained Editor until June 2013.
Previously, Chris Blackhurst was City Editor of the Evening Standard for 9 years. A
journalist since 1984, his previous posts include: Deputy Editor at the Independent and
Independent on Sunday and Daily Express, and Westminster Correspondent of the
Independent. He has written for Management Today for the past 15 years and has
contributed to numerous other magazines and publications, as well as appearing
regularly on TV and Radio and making public speeches. He has received several awards
from the British Press Awards and the London Press Club as well as TSB Financial
Journalist of the Year. Most recently he received the London Press Club award for
Business Journalist of the Year, 2011. Twice married, he has five children and lives in
Kingston. He enjoys playing tennis and golf, watching football and rugby, and going to the
cinema and theatre.
Andrew Caldecott QC is the head of One Brick Court Chambers and is a leading silk in
defamation, privacy, media, and entertainment law. Andrew regularly advises and acts for
broadcasters and publishing houses, corporations and celebrities, as well as government
departments and ministers in the UK and various foreign jurisdictions. He was appointed
as Specialist Legal Advisor to the Parliamentary Joint Committee of the House of Lords
and Commons scrutinizing the Defamation Bill. He recently acted as counsel for The
Guardian in the Leveson Inquiry. He was counsel for the BBC in the Hutton Inquiry. He
was a Ba (Hons) in Modern History, New College Oxford; Inns of Court School of Law;
and took silk 1994.
Jan Philipp Albrecht, is a Member of the European Parliament from Germany for the
Green Party, and is the rapporteur for the EU’s proposed Data Protection overhaul. He is
spokesperson for Justice and Home Affairs of the Greens/EFA in the European
Parliament. He is a member of the Committee on Civil Liberties, Justice and Home Affairs
(LIBE) and a substitute member of the Committee on Legal Affairs (JURI) and
Coordinator of the Green Group in the European Parliament in the Special Committee on
Organised Crime, Corruption and Money Laundering (CRIM). He was rapporteur for the
opinion of the Committee on Legal Affairs on the proposal for a directive on the right of
access to a lawyer in 2011. Since March 2012, Jan Philipp Albrecht is the rapporteur of
the European Parliament for the data protection regulation. From 2003 until his election
in the European Parliament in 2009, he studied Law in Bremen, Berlin and Brussels and
was a student of Legal Informatics at the universities of Hannover and Oslo. Jan Philipp
Albrecht has committed himself to the Greens in different fields since 1999. By his
engagement for data protection issues, the former spokesman for the Federal Executive
Committee of the Young Greens (2006 to 2008) turned into an expert for home affairs
and legal policy in the European Parliament within short time. Jan Philipp Albrecht was
born on 20 December 1982 in Braunschweig/Lower Saxony.
Justice Chris Maxwell, President Court of Appeal Victoria, Australia, graduated from
Melbourne University in 1975 with first class honours in philosophy and history. He was
the 1975 Rhodes Scholar for Victoria, and in 1977 completed a BPhil at New College,
Oxford. In 1978, he was called to the English Bar by Lincoln’s Inn, and undertook
pupillage in Middle Temple. On his return to Australia, Chris practised as a solicitor
before taking up a position as senior private secretary to the Commonwealth Attorney-
General, Senator Gareth Evans (1983–84). Chris commenced practice at the Victorian
Bar in 1984. He was appointed Queen’s Counsel in 1998. He practised in constitutional
and administrative law and in revenue law. In 1994, Chris was counsel assisting the
Judicial Inquiry into the Australian Secret Intelligence Service. In 2003-4, he undertook a
review for the Victorian Government of the Occupational Health and Safety Act 1985.
The recommendations of that review were implemented in the Occupational Health and
Safety Act 2004. In July 2005, Chris was appointed President of the Court of Appeal,
Supreme Court of Victoria.
Keir Starmer QC is Director of Public Prosecutions at the Crown Prosecution Service.
During his 20-year career, Keir has earned a reputation as one of the country's most
gifted lawyers, and an expert in the field of human rights. Appointed Queen's Counsel in
2002, he was named Human Rights Lawyer of the Year in 2001 and QC of the Year in
Human Rights and Public Law in 2007. He is the author of several leading legal textbooks
and is a Visiting Fellow at Essex University. From 2003-2008, he was the Human Rights
Advisor to the Policing Board in Northern Ireland, publishing several reports. He was Joint
Head of Doughty Street Chambers before taking up the role of Director of Public
Prosecutions in November 2008. As DPP, Keir is responsible for prosecutions, legal
issues and criminal justice policy.
Mr Justice Michael Tugendhat was appointed to the High Court of Justice of England
and Wales in the Queen's Bench Division in 2003. He is a libel list judge and handles libel
and related cases, in addition to civil claims. Prior to his appointment to the bench, he
was a QC at Five Raymond Buildings. His specialist areas of practice were media law
(defamation, confidence, privacy and data protection, reporting restrictions, copyright and
contempt of court) and commercial law, commercial arbitration, human rights and
elections. He had been involved in many notable and well reported cases in media and
commercial law and in the field of Human Rights. He was educated at Gonville & Caius
College, Cambridge, and Yale University where he obtained a Henry Fellowship and
studied for a year at the Law School. In 1969 he was called to the Bar (Inner Temple)
and became Queen’s Counsel in 1986. In 1988 he became a Master of the Bench of the
Inner Temple and between 1992-94 served as a member of the General Council of the
Bar. In 1994 he became a Recorder of the Crown Court and in 1995 a Deputy High
Court Judge. He was also appointed as Arbitrator in International Arbitrations by the
London Court of International Arbitration and the International Chamber of Commerce
(including bilingual French/English hearings).
DISCUSSION LEADERS and FACULTY
Charles L. “Chip” Babcock is a partner at Jackson Walker LLP in Texas and has a
national trial and appellate practice, handling significant commercial, First Amendment
and intellectual property cases. He established the First Amendment right of journalists to
protect confidential sources in a Fifth Circuit case. In the First Circuit, he successfully
defended an appeal for Oprah in a copyright/misappropriation case, and in the Texas
Supreme Court, he argued and won an important defamation case for media defendants.
He has appeared for oral argument in over 50 cases, most recently in the Dallas Court of
Appeals, where the Court heard the first case on the merits of a dismissal under the new
Texas Citizens Participation Act (anti-SLAPP statute).
Rob Balin is a partner at Davis Wright Tremaine LLP and is co-chair of the firm’s Media
Group. Rob represents publishers, broadcasters and digital media clients in all aspects of
media law, including counseling and litigation involving defamation, privacy, news
gathering torts, intellectual property rights and First Amendment issues. Rob is also an
adjunct professor at Columbia University Law School, where he teaches a publishing law
class, and is vice-chair of the International Media Law Committee of the Media Law
Resource Center.
Sandra Baron is Executive Director of the Media Law Resource Center. In addition to
private practice, Ms. Baron has served as Senior Managing Attorney at the National
Broadcasting Company, Inc., where her clients included the news operations of NBC and
its subsidiaries, NBC Enterprises, and East Coast Entertainment; as Associate General
Counsel of the Educational Broadcasting Company, WNET/Thirteen, in New York, and
general counsel of public broadcasting’s consortium, American Playhouse. She was an
associate with Cahill Gordon & Reindel, also in New York. She is a member of ALI, and
serves or has served on the communications and media law committees of the New York
State Bar Association and the Association of the Bar of the City of New York, the Forum
Committee of the American Bar Association, and on the Media Law Reform Working
Group of ABA/CEELI. She has taught media law to journalism students at New York
University, CUNY, and other area graduate and undergraduate programs. She was co-
author of the second edition of Libel, Slander and Related Problems, with Robert D.
Sack, and has written articles for MLRC and other publications on media law topics.
Oliver Bray, a partner at RPC, is a highly experienced commercial, IP and technology
lawyer and a recognised specialist in advertising and marketing law. He advises well-
known high street retailers, innovative start ups/online businesses and household name
brand owners, as well as advertising and digital agencies across the media spectrum.
This includes advice on digital media, emerging technologies and commercial contractual
matters, coupled with expertise in consumer protection, data protection, comparative
advertising and regulatory and content issues. He is Chairman of the City of London Law
Society Commercial Law Committee, an editorial board member of E-commerce Law and
Policy and a regular industry speaker. He also co-authored the leading UK text book on
“Advertising Law and Regulation”.
Michael Cameron is National Editorial Counsel for News Corp Australia, that nation's
largest media company, with oversight of pre-publication vetting, litigation
management and media law training for 170 newspaper titles, digital entities and pay TV
channels. Prior to that, he worked as in-house counsel for The New York Post and the
Community Newspaper Group in New York. A former journalist, he is admitted to
practice in New South Wales and New York. He is the author of Australian Media Law
(News Publishing, 2007).
Adam Cannon is the Editorial Legal Director at Telegraph Media Group, providing 24/7
advice to the newspapers and their editors. He is a barrister by training having been
called to the Middle Temple in October 1997. He left the bar in 2001 to move in-house at
Associated Newspapers (publishers of The Daily Mail and The Evening Standard). He
moved to The Telegraph three years ago. He obtained his degree from Magdalene
College, Cambridge. He is a former president of the Cambridge Union and is a director
and executive board member of BICOM (British Israel Research and Communications
Organisation) and a trustee of The London Jewish Forum.
James Chadwick is a partner in the Intellectual Property and Business Trials Practice
Groups in Sheppard Mullin's Silicon Valley office. Mr. Chadwick's practice focuses on
litigation and counseling for media, technology, and online businesses, including
copyright, trademark and patent litigation, and media, First Amendment and privacy
law. He has served as the co-chair of the Media Law Resource Center's annual
conference on digital media law, Legal Frontiers in Digital Media, and currently serves on
the board of directors of the First Amendment Coalition.
Jason Conti is chief compliance officer, vice president and associate general counsel of
Dow Jones & Company, Inc. Mr. Conti is responsible for the Company’s domestic and
international litigation and media law issues, and heads compliance efforts at the
company. Dow Jones is publisher of The Wall Street Journal, WSJ.com, Barron’s, and
several other publications. In addition, Dow Jones provides real-time financial news
through Dow Jones Newswires and offers a variety of other news and information
products and services. Mr. Conti previously was an attorney at Hogan & Hartson LLP,
primarily handling media law litigation. He joined Dow Jones in March 2008.
H.R. Dipendra is a director with Media Defence-South East Asia a Network comprising of
lawyers and media advocates dedicated to protecting and promoting Media Defence and
the Freedom of Expression with the Southeast Asia region. Media Defence-South East
Asia has members from Thailand, Indonesia, Malaysia, Singapore, Vietnam, Burma,
Philippines, Cambodia and Laos. Activities and projects include training of lawyers and
media activists in the abovementioned countries, participating in trial observer missions
and other case interventions. In addition, Dipendra is currently the Chairman of the Kuala
Lumpur State Bar Committee, the largest State Bar in Peninsula Malaysia with
approximately 7,300 lawyers. He also chairs the Professional Standards and
Development Committee at the Malaysian Bar Council and the Civil Practice Committee
at the Kuala Lumpur Bar Committee. Dipendra is also a member of the Malaysian Bar
Council Human Rights Committee. Dipendra was admitted to the Malaysian Bar in 2000
and is the managing partner of Messrs Arianti Dipendra Jeremiah.
Julie Ford has been defending newspapers, magazines, on-line news services, book
publishers, and television and cable networks for over 26 years. Listed in Best Lawyers
in America for Litigation - First Amendment and for First Amendment Law, Julie’s practice
focuses on libel, privacy and copyright issues, under both U.S. and U.K. law. She lives in
Austin, Texas, where she is Of Counsel to the firm of George Brothers Kincaid &
Horton, LLP.
Gail Gove is Chief Counsel to Reuters, where she is responsible for domestic and
international litigation and all legal issues arising out of the newsroom. Reuters is the
world’s largest international news agency; it provides real-time multi-media news and
information services to newspapers, television and cable networks, radio stations and
websites around the world. In addition, Reuters publishes market data and intelligence to
business and finance consumers. Previously, Gail was Assistant General Counsel to
Dow Jones, the publisher of The Wall Street Journal and other publications, and an
attorney at the law firm of Hogan & Hartson, LLP.
Nick Graham is the Global Co-Chair of Dentons' Privacy and Security Group He
specialises in data protection, information risk and governance as well as freedom of
information, IT/e-Commerce, IT and business process outsourcing and commercial
contracts. Nick advises across all sectors including retail, energy, manufacturing,
banking, insurance, technology and digital media. Nick has over 18 years’ experience
and has been advising on data privacy since the days of the Data Protection Act 1984
and the early enforcement activities of the FTC. He has advised on all aspects of data
protection including global compliance strategy, data protection assessments, data
breach and incident response, information governance, international data transfers,
customer data strategy, data retention and data exploitation in cloud computing and
digital media.
Laura Handman divides her time between the New York and Washington, D.C. offices of
Davis Wright Tremaine LLP. For 30 years, she has provided counseling and litigation
services, from complaint through trial and appeal, to U.S. and foreign publishers,
broadcasters, electronic publishers and booksellers in libel, privacy and newsgathering
torts, reporter's privilege, access, freedom of information, copyright and trademark and
other content related matters. This past year she obtained dismissal of libel suits brought
by a Liberian war lord, a former Russian diplomat who forms off shore shell companies,
an author challenging Obama's birth certificate, an anti -gay rock and roll singer, the
“Number One Dirtiest Hotel in the U.S.,” and a New York judge. This May, on behalf of
Dow Jones, she successfully vacated a 34 year old injunction that blocked the U.S.
government from releasing the data base containing what doctors earn from the largest
government health program and quashed a subpoena for newsgathering materials
sought by casino owner and political donor, Sheldon Adelson. She currently is involved in
battles over national security information. Laura has served as an expert on American
libel law on behalf of U.S. media in connection with libel actions brought in London,
Belfast and Melbourne and established the first precedents in the U.S. and state courts
refusing to enforce British libel judgments as repugnant to U.S. public policy.
Dave Heller is a lawyer with the Media Law Resource Center. Much of his work focuses
on MLRC's international programs and initiatives. He has been involved with the
programming and planning of the MLRC London Conference since its inception and this
year worked on MLRC's first conference on Legal Issues Concerning Hispanic and Latin
American Media. He has written comments on UK and European media law reform
issues, including the new UK Defamation Bill. He is a member of MLRC's International
Media Lawyers Project (IMLP) which has worked to expand MLRC's membership to
lawyers in developing countries. He is also the editor of MLRC‟s monthly
MediaLawLetter, and a regular contributor to MLRC's other publications, including an
annual survey of developments in media libel and privacy law.
David Hooper is a partner at Reynolds Porter Chamberlain in London and an
internationally known defamation and intellectual property lawyer. He is well-known for
fighting high-profile libel actions, complex copyright, privacy and breach of confidence
disputes. David has been involved in many of the leading media litigation cases, and is
author of several books, including Reputations Under Fire, Public Scandal, Odium and
Contempt, and The Official Secrets Act and regularly writes on developments in UK
media law for the MLRC.
Harvey Kass was Legal Director of the Mail Newspapers publisher, Associated
Newspapers, for 17 years until 2012, and together with industry colleagues was heavily
involved with “first amendment” issues. Following a Parkinson's diagnosis he rebalanced
life and joined HowardKennedyFsi as a consultant. At the same time he set up Kass
Media which provides pre-publishing advice to media organisations, including national
newspapers and Independent Television News, as well as providing mentoring and
career planning help to in-house and private practice lawyers. He also works with training
company Sherwood in providing scenario led training sessions to law firm associates. He
is hoping to revive his earlier theatrical production career if the right project comes along.
Michael Kealey is a solicitor with an established reputation in defamation, privacy and
media law. Having been educated at Trinity College Dublin and Cambridge universities,
he became a partner in two large Dublin based solicitors firms. He is now in-house
counsel for Associated Newspapers in Ireland, the publishers of the Irish Daily Mail, Irish
Mail on Sunday and MailOnline Ireland. He has written and lectured extensively on
media law.
David Korzenik is a partner at Miller Korzenik Sommers LLP in New York. He represents
numerous publishers, magazines, news organizations, broadcasters, new media and
technology companies, theatrical producers, advertisers and software companies in
opposing and managing libel, privacy, newsgathering, copyright and related claims and
litigations. He regularly works with foreign media defense counsel and manages claims
against U.S. media and human rights groups in foreign nations. Mr. Korzenik has been
an Adjunct Professor at The Benjamin N. Cardozo School of Law teaching Media Law,
Entertainment Law and Advanced Copyright for the past 22 years.
Denise Leary is Deputy General Counsel at NPR. She handles a wide array of areas for
NPR, among them complex copyright issues relating to NPR’s content and distribution on
multi-media platforms and emerging technologies, media law and privacy issues,
trademark, and a variety of major contracts. She also negotiates broadcast and streaming
agreements for the public radio system with content owners and performing rights
organizations for musical compositions and sound recordings.
Gavin Millar QC is Deputy Head of Doughty Street Chambers. He has a wide-ranging
practice covering media, public, employment and discrimination law. Much of his media
work is for clients asserting free speech rights. He undertakes defamation, privacy,
contempt and reporting restriction cases. He is the co-author of Media Law and Human
Rights (2009 Oxford University Press) and sits on the Board of the Centre for
Investigative Journalism at City University. He is a Council of Europe expert on freedom
of expression. In this capacity he regularly speaks and advises on media law at
Strasbourg and in the emerging democracies of Eastern Europe.
Zoe Norden is a media law specialist currently working in-house as an editorial legal
adviser for Guardian News & Media Limited (publishers of the Guardian and Observer
newspapers and theguardian.com). She advises on a range of content-related matters
including defamation, privacy, contempt of court, the official secrets act and reporting
restrictions and in addition she undertakes post publication litigation (defending legal
actions arising out of publication). She has advised Guardian News & Media on its phone
-hacking and Wikileaks coverage, the Leveson Inquiry and most recently on its
investigation into undercover police officers. She is also involved in co-ordinating and
overseeing media challenges on open justice principles and, on behalf of the Media
Lawyers Association, engages in government consultations in areas which impact the
media. Zoe has a particular interest in the cost of media litigation and was a member of
the Working Group formed by the Civil Justice Council (at the request of the government)
to look at the issue of costs in defamation proceedings.
Marcus Partington, is Deputy Secretary/Group Legal Director of Trinity Mirror Plc and a
member of the management committee of the Media Lawyers Association, an
organisation he chaired between 2009 and 2012. Its members include all of the country’s
major newspapers and broadcasters. He has given evidence to various Parliamentary
Committees on defamation, privacy and costs and handled Trinity Mirror’s involvement in
the Leveson Inquiry. He was a member of the Libel Working Group on libel reform set up
by the Lord Chancellor in the previous Government which reported in March 2010 and a
member of the Master of the Rolls Committee on Superinjunctions which reported in May
2011. He has been involved in many of the leading (post Human Rights Act) breach of
confidence/privacy cases including Naomi Campbell v MGN Limited [2004] UKHL 22, A v
B and C (the Garry Flitcroft case) [2002] EWCA Civ 337, Jamie Theakston v MGN
Limited [2002] EWHC 137 (QB) and Ferdinand v MGN Limited [2011] EWHC 2454 (QB).
The other leading case he was involved in was Cream Holdings v Banerjee [2004] UKHL
44, in which the House of Lords clarified the test under section 12(3) of the Human Rights
Act 1998 for obtaining interim injunctive relief in privacy cases. He has considerable
experience of Conditional Fee Agreements (CFAs) and handled the Naomi Campbell
CFA case both in the House of Lords ([2005] UKHL 61) and in the European Court of
Human Rights which resulted in that court finding, in January 2011 ([2011] ECHR 66),
that the scheme of CFAs with success fees in publication cases in this country was
contrary to Article 10.
Gillian Phillips is director of editorial legal services at Guardian News & Media with day
to day responsibility for the content of The Guardian, The Observer and theguardian.com.
In that capacity she was involved in the Trafigura Super Injunction case, and was a
member of the Master of the Rolls Committee on super injunctions. More recently she
has been advising Guardian News & Media on Wikileaks, phone hacking, the Leveson
Inquiry and most recently the NSA leaks from Edward Snowden. Before joining The
Guardian in May 2009, she worked at the BBC and was Head of Litigation at Times
Newspapers Limited, publishers of The Times and The Sunday Times, where she worked
on the Lance Armstrong libel litigation, as well as a breach of confidence case brought
against The Sunday Times by Harrods, the privacy and droit de réponse litigation against
The Times in France (Barclay Brothers) and a libel action brought against The Times in
Greece as well as any number of challenges to reporting restrictions. Gill is also a
member of the MLRC Board of Directors.
Professor Oreste Pollicino is an associate professor at Bocconi University in Milan,
where he tutors in public law (since 2003), information and internet law (since 2003) and
constitutional adjudication from a comparative perspective (since 2008). Already one of
Italy’s most authoritative commentators on media and the Internet, Oreste regularly
speaks at national and international seminars. He is the founder and managing director of
the websites www.diritticomparati.it and www.medialaws.eu, as well as the author of
numerous essays and other works. Since November 2010 he has worked with Portolano
Cavallo Studio Legale in an of-counsel role.
Lesley Power is the General Counsel at SBS, a position she has held since April 2000.
In this role she is responsible for managing the provision of legal services to SBS. This
responsibility includes providing pre-publication legal advice to all SBS program makers,
particularly investigative journalists, reporters and documentary makers. Lesley has
successfully advised SBS in relation to a wide range of media law related litigation
including defamation actions, injunctions and contempt of court. Lesley developed
extensive skills and experience in media law during a ten year stint as an in-house lawyer
at the ABC. She has also worked at the Arts Law Centre of Australia and at the Canberra
Community Legal Centre. Lesley is a highly respected lecturer in media law and has
regularly taught courses at the University of Technology, presented lectures at the
University of Melbourne, the University of Tasmania and through the Australian Centre for
Independent Journalism. She has also presented papers at legal conferences, both in
Australia and internationally.
Mark Sableman is a partner with Thompson Coburn LLP in St. Louis, Missouri. He is an
honors graduate of Georgetown University Law Center where he was Articles Editor of
the Georgetown Law Journal. He has tried media, intellectual property and technology
cases, and regularly counsels clients on Internet and intellectual property issues. He is
author of More Speech, Not Less: Communications Law in the Information Age (1997),
more than a dozen law review articles and book chapters, and the Internet Law Twists
and Turns blog. He has taught Internet Law, and Censorship and Free Expression, as an
adjunct professor at Washington University School of Law. He has been listed in Best
Lawyers in America since 1996.
Niri Shanmuganathan joined Taylor Wessing in 1993 after being awarded first class
honours in his Law Society Finals. He obtained a diploma in Intellectual Property law at
Bristol University in 1996. Niri heads up the highly rated IP and media group, one of the
largest practice groups in Taylor Wessing and is a member of Taylor Wessing's
board. Niri was listed in the 2008 edition of The Evening Standard's 1000 London's Most
Influential People. He was also nominated in the 2009 Lawyer Awards as Partner of the
Year and is listed in the Top 100 lawyers in Super Lawyers 2013 edition. He is also
recommended as a leading individual for both defamation, privacy, media and
entertainment and intellectual property in UK legal directories. Legal 500 2012 notes that
he is “extremely knowledgable” and “provides high quality”. Chambers 2013 describes
him as being “incredibly experienced” and “a very good litigator”.
Mark Stephens, CBE, is a partner at HowardKennedyFsi specialising in International,
Appellate and Complex litigation, Constitutional, Human Rights, IP, Media & Regulatory
work, defamation, privacy, media, data protection and freedom of information and
intellectual property. He has undertaken some of the highest profile cases in the United
Kingdom and abroad and is also extremely active in many other areas having been
appointed by the British Foreign Secretary to the Foreign & Commonwealth Office Free
Expression advisory board. He has a significant caseload in the European Court of
Human Rights. Privy Council cases - Ultimate Appeal Court for parts of the
Commonwealth, as well as, Regulatory Cases & Inquiries form much of his caseload.
Mark chairs a number of bodies including the Contemporary Art Society, The Design
Artists Copyright Society, the University of East London, the Management Committee of
the Programme in Comparative Media Law & Policy Wolfson College Oxford University,
and the International Advisory Board of the Media Law International Defence Initiative. He
is Vice President of the Commonwealth Lawyers Association. Mark is a Trustee of Index
of Censorship, the Bianca Jagger Human Rights Foundation and Human Rights Council
of the International Bar Association. The Queen made him a Commander of the Order of
the British Empire (a CBE) in her Birthday Honours list in June 2011.
Susan E. Weiner is Executive Vice President and Deputy General Counsel of
NBCUniversal. Susan heads the Litigation Group, which handles NBCUniversal disputes
and lawsuits domestically and internationally, and the Media Law Group, which works
with news organizations throughout NBCUniversal, including NBC News, MSNBC,
CNBC, NBC Stations and Telemundo. Prior to joining NBCUniversal, Susan was Deputy
General Counsel of the Metropolitan Transportation Authority and a litigator at Patterson,
Belknap, Webb & Tyler. She clerked for Judge Charles Tenney of the United States
District Court for the Southern District of New York following her graduation from New
York University School of Law. Susan is Chair of the MLRC Board of Directors.
Lee Williams is Assistant General Counsel for CNN. She began working at CNN in 1992
after spending four years with the Atlanta law firm of Alston & Bird. Ms. Williams is
responsible for advising on newsgathering and production issues for the network CNN
International, the international newsgathering group comprised of 30 plus bureaus around
the world, the CNN program “360 with Anderson Cooper”, and Investigations. Ms.
Williams graduated from Emory University School of Law, and is a member of the
Investigative Reporters and Editors (IRE), and the Society of Professional Journalists.
Kurt Wimmer is a partner in the Washington office of Covington & Burling, where he is
U.S. chair of the firm’s global privacy and data security practice group and co-chair of the
firm’s Media, Internet and Technology practice. He is a director of the Media Law
Resource Center and chair of the First Amendment Advisory Council of the Media
Institute. He was previously general counsel of Gannett Co., Inc. and managing partner of
the London office of Covington & Burling.
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