Elizabeth McNamara has more than 25 years of litigation and counseling experience in media and intellectual property law, representing publishers (books, magazines, newspapers and websites), television and radio broadcasters, cable companies and motion picture producers and distributors. Her litigation practice includes all areas of sophisticated IP, media and entertainment litigation at the trial and appellate level of federal and state courts, in such areas as libel, privacy, copyright, trademark, prior restraint and reporter's shield laws.
Liz's clients include: Bauer Publishing, Cablevision, CBS, CNN, Conde Nast, Hachette Book Group, Macmillan, MTV Networks, NBC, New York Times, Random House, Sesame Workshop, Showtime, Simon & Schuster, Time Inc. and Wenner Media.
Liz is a member of the firm's executive committee.
Representative Experience
Associated Press v. Meltwater U.S. Holdings, Inc., et al.
Representing The Associated Press in a suit for copyright infringement and "hot news" misappropriation against Meltwater News, a subscription-based electronic clipping service. (S.D.N.Y. Ongoing)
Batra v. NBC et al.
Lead counsel representing NBC and all defendants in on-going libel-in-fiction action arising out of a "Law & Order" episode. (N.Y. Sup. Ct. Ongoing)
Hart v. Electronic Arts, Inc.
Lead counsel representing Electronic Arts in defense of a putative class action brought by Hart, a former college quarterback, on behalf of all college football players, arising out of the purported use of their likenesses in EA's successful NCAA Football video game series. The federal District Court in New Jersey granted EA's motion for summary judgment and dismissed the action, finding that the video games were entitled to full First Amendment protection. 2011 WL 4005350 (D.N.J. Sept. 9, 2011). Related actions arising out of Electronic Arts' "NCAA Football and Madden Football" video games are currently before the 9th Circuit. Hart v. Electronic Arts, Inc. is on appeal to the 3rd Circuit.
Jordan v. Jewel, et al.
Representing Time Inc. in connection with ongoing right of publicity claims brought by Michael Jordan in connection with a special "Sports Illustrated" issue commemorating Jordan's induction into the Basketball Hall of Fame. Summary judgment pending. (N.D. Ill. Ongoing)
Marquardt v. King and Simon & Shuster
Lead counsel representing Stephen King and Simon & Shuster in copyright infringement claims arising out of King's book "Duma Key." Motion to dismiss granted (N.D. Ga. 2011)
Unterberg v. President Jimmy Carter, Simon & Schuster, Inc.
Lead counsel representing defendants in connection with putative consumer fraud claims arising out of the publication of "Palestine: Peace Not Apartheid." Action withdrawn after sanctions motion served. (S.D.N.Y. 2011)
Feldman v. Twentieth Century Fox, et al
Represented Twentieth Century Fox and the creators of the television show "Journeyman." On an upfront motion, plaintiff's copyright claims were dismissed and the 1st Circuit affirmed the dismissal of the action. (2011)
Morse & Castorina v. Spike Television, et al.
Represented Spike TV and obtained dismissal of copyright infringement action arising out of the popular reality television show "Pros vs. Joes." (E.D.N.Y. 2011). Previously obtained dismissal of similar infringement claims brought against "Pros v. Joes" in Pino v. Spike. (D.N.J. 2009) WL 1118429
Professional and Community Activities
- Chair, Committee on Communications and Media Law, New York City Bar Association
- East Coast Representative, Forum on Communications Law
- Communications and Entertainment Committee, New York State Bar Association
- The Copyright Society of the USA
- Lawyers Committee, Association of American Publishers
Professional Recognition
- Named as one of "America's Leading Lawyers for Business" by Chambers USA in Media & Entertainment: First Amendment Litigation (New York); Media & Entertainment: Copyright & Contract Disputes (New York), 2007-2012; First Amendment Litigation (Nationwide), 2011-2012
- Selected by Best Lawyers as New York City's "Lawyer of the Year" in Media Law, 2013
- Named one of the "Best Lawyers in America" in Communications and Advertising Law by Best Lawyers, 2006-2009; named in First Amendment, Media, and Intellectual Property Law, 2006-present; named in Entertainment Law, 2010-present
- Selected to "New York's Top 50 Women Super Lawyers and First
- Amendment/Media Lawyers," Thomson Reuters, 2007-2008
- Selected to "New York Super Lawyers," Thomson Reuters, 2006-2011
- Named as one of Lawdragon's "500 Lawyers in America," 2007
- Sharing the Power Award, InsideCounsel Magazine, 2010