FacultyFaculty/Author Profile

Katherine A. Fallow

Jenner & Block LLP

Washington, DC, USA


Katherine A. Fallow is a partner in Jenner & Block's Washington, DC office. She is a member of the Firm's Litigation Department and its Media and First Amendment, and Creative Content Practices. Ms. Fallow is a member and former Chair of the Hiring Committee for the Firm's Washington, DC office.

Ms. Fallow has litigated First Amendment, traditional media, and new media cases at the trial and appellate level.  She has also counseled clients on government regulation of expression. Her First Amendment and media experience includes:

  • Representing video game makers and retailers in the U.S. Supreme Court and in federal appellate and district courts across the country in the video game industry's constitutional challenges to numerous state laws restricting the content of video games.
  • Representing the American Library Association at trial and before the Supreme Court in its challenge to the federal Children's Internet Protection Act.
  • Filing amicus briefs in the Supreme Court at the merits stage in significant First Amendment cases, including U.S. v. Stevens, U.S. v. Williams and City of Erie v. Pap's A.M., and in support of cert petitions in cases involving the reporter's privilege, fighting words, and defamation.
  • Counseling clients on recent amendments to 18 U.S.C. § 2257 (federal recordkeeping requirements for sexually explicit expression).
  • Acting as counsel of record on a petition for a writ of certiorari in a case raising significant First Amendment questions concerning the regulation of nudity on cable television.
  • Successfully defending a professional medical association against defamation and Lanham Act claims based on an article published in the association's journal.

Ms. Fallow has also represented the recording, motion picture, and video game industries in their efforts to stop digital piracy, including in a lawsuit on behalf of the motion picture studios against the operator of a bittorrent file-sharing site. In 2004, Ms. Fallow represented the video game industry in a successful suit against a producer of video game copying software.

Ms. Fallow graduated Phi Beta Kappa and with highest honors from the University of California at Berkeley in 1991. She received her J.D., magna cum laude, from Harvard Law School in 1996, where she was an editor of the Harvard Civil Rights-Civil Liberties Law Review. She served as a law clerk to the Honorable Robert E. Keeton of the United States District Court for the District of Massachusetts (1996-97) and the Honorable Rosemary Barkett of the United States Court of Appeals for the Eleventh Circuit (1997-98). Ms. Fallow is a member of the bar of the District of Columbia and Massachusetts (inactive) as well as the United States Supreme Court, and numerous federal courts of appeals. She is an active member of the DC Bar's Media and Law Committee, and is a frequent contributor to the ABA's Communications Lawyer.

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