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Partner Litigation & Intellectual Property Practice
Miami (305) 810-2516 Phone (305) 810-2460 Fax
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Practices |
Advertising & Consumer Law Alternative Dispute Resolution Appellate Copyright Defamation Intellectual Property Litigation Trademarks
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Litigation practice focuses on defense of media and communications companies against claims for defamation, invasion of privacy and newsgathering torts; defense and prosecution of intellectual property claims; and complex appellate matters of all types. Clients have included newspaper and magazine publishers, national television networks, local broadcasters and new media companies in major Florida trial and appellate proceedings.
Relevant Experience
- Chair, Florida Bar Media & Communications Law Committee, 2009-10
- Record counsel in more than 200 reported decisions, including 27 federal appellate decisions, 56 federal district court decisions, 29 Florida Supreme Court decisions and 57 District Court of Appeal decisions.
- Obtained jury verdicts for television station against $50 million libel claim by airline involved in Iran contra affair, for national tabloid against $7 million trademark infringement claim, and for national fashion magazine against private figure libel claim.
- Defended national media companies in litigation resulting in summary judgments against libel claims by jai alai fronton owner and by national fund raiser accused of illegal conduct.
- Won declarations that federal, state, and local laws are unconstitutional
- Argued Florida Supreme Court case establishing absolute privilege for clients to complain to the Florida Bar about their lawyers.
- Brought actions against both Florida state colleges of law resulting in injunctions against Sunshine Law violations.
- Listed in Best Lawyers in America in the First Amendment practice area since 1992.
Recent Reported Decisions - IMS Health Incorporated v. Ayotte, 550 F.3d 42, 2008 WL 4911262 (1st Cir. 2008) (Selya, Lipez & Siler, JJ.), pet. for cert. filed, No. 08-1202 (U.S. Mar. 27, 2009) Reversing final judgment declaring at the request of IMS Health Incorporated and Verispan LLC, two of the world’s largest health information companies, that first state law to ban drug stores from selling information about drugs that doctors prescribe violates the First Amendment.
- Klay v. Cook, 2008 WL 4525279, No. 05-17170 (11th Cir. Oct. 7, 2008) (Edmondson, C.J., Anderson & Cohill, JJ.) Affirmance of order granting injunction to defendants against absent class member Dr. Ian Cook’s post-settlement prosecution of claims for payment for podiatry services in the U.S. Virgin Islands. Cook contended that he did not receive notice of settlement of the class action and, alternatively, that his claims were not within the scope of the settlement. The Eleventh Circuit held first class mailed notice to Cook’s address in U.S. Virgin Islands was sufficient to satisfy due process and Cook waived argument that his claims were outside the scope of the settlement.
- IMS Health Incorporated v. Rowe, 532 F. Supp. 2d 153, 2007 WL 445894 (D. Me. 2008) (Woodcock, John, J.) Preliminary injunction declaring at the request of IMS Health Incorporated, Verispan LLC, and Source Healthcare Analytics, Inc. three of the world’s largest health information companies, that second state law to ban drug stores from selling information about drugs that doctors prescribe violates the First Amendment. The amendment applies severability analysis to conclude that unconstitutional provisions of statute can be severed from some of the constitutional provisions.
- Wright v. Frankel, 965 So. 2d 365, 32 Fla. L. Weekly D2379a (Fla. 4th DCA 2007) (en banc) (Taylor, J.) (Holding that West Palm Beach City Commission violated city charter by refusing to place referendum ordinance on ballot advocated by the Alliance of Concerned Taxpayers that would require voter approval of $100 million relocation of the City Library or City Hall)
- News-Press v. U.S. Department of Homeland Security, 489 F.3d 1173, 35 Media L. Rep. (BNA) 2291 (11th Cir. 2007) (Marcus, J., Carnes, and Kravitch, JJ., concurring) (Holding that press is entitled to access under FOIA to information regarding $1.2 billion disbursed to hurricane victims by FEMA as advocated by amicus curiae Media General Corp., E.W. Scripps Co., Associated Press, and Tribune Co.)
- IMS Health Incorporated v. Ayotte, 490 F. Supp. 2d 163, 1244077 (D. N.H. 2007) (Barbadoro, Paul, J.) (Final judgment declaring at the request of IMS Health Incorporated and Verispan LLC, two of the world's largest health information companies, that first state law to ban drug stores from selling information about drugs that doctors prescribe violates the First Amendment
- Hogben v. Google, Inc., 14 Fla. L. Weekly Supp. 450a (Fla. 11th Cir. Ct. 2007) (Deehl, Robert, J.) (Dismissal with prejudice of claim that Google, Inc. appropriated likeness of plaintiff through search results displaying hotel advertisement containing image of the plaintiff that plaintiff had not authorized the hotel to use in its advertising).
- Borcea v. Carnival Corp., 19 Fla. L.W. Fed. D549a (S.D. Fla. Mar. 31, 2006) (Cooke, J.) (Order declaring federal statute unconstitutional and enjoining the imposition of fines imposed by the federal Seaman's Wage Act against Carnival Corp. during the pendency of a class action claiming that Carnival failed to pay a class of 19,000 seafarers for certain overtime).
- Hartman & Tyner, Inc. v. Satz, 12 Fla. L.W. Supp. 1152b (Fla. 17th Cir. 2005) (Moe, J.) (Order vacating automatic stay pending appeal of final judgment and permanent injunction for parimutuel owners against state attorney’s enforcement of criminal laws that ban the operation of slot machines).
- Breitfeller v. Playboy Enterprises, Inc., 18 Fla. L.W. Fed. D862a, 2005 WL 2088418 (M.D. Fla. 2005) (Moody, J.)(Order dismissing RICO claims against Playboy Enterprises and other defendants).
- Hartman & Tyner, Inc. v. Satz, 12 Fla. L.W. Supp. 850a, (Fla. 17th Cir. 2005) (Moe, J.) (Final judgment and permanent injunction for parimutuel owners against state attorney’s enforcement of criminal laws that ban the operation of slot machines).
- National Advertising Co. v. City of Miami, 402 F.3d 1335 (11th Cir. 2005) (Edmundson, Wilson, & Restani, JJ.) (Reversal of district court’s order against National Advertising Co. holding that City’s outdoor advertising regulations are constitutional and finding that district court lacked subject matter jurisdiction over claim once City amended its ordinances to attempt to correct constitutional defects).
- Animal Rights Foundation of Florida v. Siegel, 2004 WL 223582, 29 Fla. L.W. D355b, 867 So. 2d 451 (Fla. 5th DCA 2004) (Palmer, J., Orfinger, J., concurring, Sawaya, C.J., concurring and dissenting) (Reverses preliminary injunction against Foundation and others prohibiting publications of defamatory statements claiming that the plaintiff endorses animal abuse).
- Securities & Exchange Commission v. Lauer, 18 Fla. L.W. D80a (S.D. Fla. 2004) (Marra, J.) (Order denying defendant’s motion to impose gag order against SEC receiver to prevent collaboration with the New York Post to publish information about the litigation that would cause the value of securities held by the receiver to decline).
- Alternate Energy Corp. v. Redstone, 17 Fla. L.W. D836, 328 F. Supp. 2d 1379 (S.D. Fla. 2004) (King, J.) (Publisher of newsletter regarding hydrogen fuel cell research who had a small number of paid subscribers in Florida and no other contact with Florida was not subject to long arm jurisdiction in Florida and lacked minimum contacts sufficient to allow assertion of jurisdiction over him in conformity with due process in action for defamation).
- Rosenauer v. School Board of Manatee County, 17 Fla. L.W. D669a (M.D. Fla. 2004) (Whittemore, J.) (Consent decree in favor of parents of student prohibiting the school board from opening meetings with sectarian prayers).
- Badillo v. Playboy Entertainment Group, No. 8:04?CV-591-T-30TBM, 2004 WL 1013372, 17 Fla. L. Weekly Fed. D529 (M.D. Fla. 2004) (Moody, J.) (Order denying motion to enjoin nationwide distribution by Playboy Entertainment Group of Playboy Exposed: All American Girls).
- Northwestern Mutual Life Insurance Co. v. Klempner, 2003 WL 22339173, 28 Fla. L.W. D2362, 866 So. 2d 74 (Fla. 3d DCA 2003) (Cope, Nesbitt, Levy, JJ.) (Reversal of order certifying class of certain purchasers of disability insurance policies issued by mutual insurance company and ordering dismissal of complaint for lack of named plaintiff’s standing to maintain claim for himself or others in class).
- Nestor v. Posner-Gerbenstaber, 857 So. 2d 953, 28 Fla. L.W. D2405 (Fla. 3d DCA 2003) (Order denying petition for writ of certiorari to quash order setting aside confidentiality agreement that prohibited Victor Posner’s body guard from disclosing confidential information to Victor Posner’s grandchildren for use in will contest).
- Glaze v. MRA Holding, Inc., No. 2:03CV221FTM29SPC, 2003 WL 21981978, 16 Fla. L. Weekly Fed. D503a (M.D. Fla. 2003) (Steele, J.) (Order denying motion to remand removal of action against MRA Holding for invasion of privacy by appropriation of likeness for commercial purpose and portrayal of plaintiff in a false light in Girls Gone Wild, Dorm Room Fantasies 2).
- Pippin v. Playboy Entertainment Group, Inc., No. 8:02CV2329T30EAJ, 2003 WL 21981990, 16 Fla. L. Weekly Fed. D506a (M.D. Fla. 2003) (Moody, J.) (Order denying motion to enjoin nationwide distribution by Playboy Entertainment Group of Playboy Exposed: All American Girls).
- Coral Springs Street Systems v. City of Sunrise, 287 F. Supp. 2d 1313, 16 Fla. L. Weekly Fed. D646a (S.D. Fla. 2003) (Zloch, J.) (Order holding city’s outdoor advertising regulations violate the First Amendment by discriminating on the basis of content and allowing Coral Springs Street Systems to build 65-foot billboard on I-95).
- Miller v. Hewlett Packard Co., 837 So. 2d 1120 (Fla. 4th DCA 2003) (Order affirming final summary judgment in favor of Hewlett.Packard against class action claim that company committed fraud by reducing sign of ink cartridges included with printers).
- Larsen v. Carnival Corporation, 242 F. Supp. 2d 1343, 2003 A.M.C. 1337, 16 Fla. L.W. Fed. D291 (S.D. Fla. 2003) (Graham, J.) (Order granting summary judgment for Carnival Corporation against passenger claim arising from Carnival’s removal of passenger from vessel for health reasons).
- Lane v. MRA Holding, LLC, 2002 WL 1906131, 242 F. Supp. 2d 1205 (M.D. Fla. 2002) (M.D. Fla. 2002) (Conway, J.) (Order granting summary judgment against invasion of privacy claims for producer of Girls Gone Wild College Girls Exposed arising from use of video of 17-year-old woman exposing her breasts on Labor Day weekend at Panama City Beach).
- Bacardi U.S.A., Inc. v. Gallo Wine Distributors LLC, 829 So. 2d 963 (Fla. 4th DCA 2002) (Schwarz, J.) (Reversal of temporary injunction requiring Bacardi to continue distributing its products in the New York City metropolitan area through company terminated pursuant to written agreement because of alleged oral modification of written agreement).
- National Advertising Co. v. City of Miami, 48 Fed. Appx. 740, 2002 WL 31054893 (11th Cir. 2002) (Barkett, Dubina, Fitzpatrick, JJ.) (Reversal of district court’s order holding that National Advertising Company must exhaust administrative remedies before challenging constitutionality to City’s efforts to require removal of numerous billboards throughout the City of Miami).
- State v. Miketa, 2002 WL 1906131, 824 So. 2d 970 (Fla. 3d DCA 2002) (Cope, J.) (Denial of State of Florida’s petition for a writ of certiorari seeking reversal of order dismissing misdemeanor charge against salesman for B.J. Alan & Co., a company that manufactures and sells fireworks).
- Campus Communications, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002) (Sawaya, C.J., Griffin, J.) (Order upholding constitutionality of retroactive exemption of autopsy photographs from public disclosure requirements of the Public Records Law over the objection of Campus Communications, publisher of The Independent Florida Alligator).
- Fuchs v. Robbins, 27 Fla. L. W. D286a, 818 So. 2d 460 (Fla. 2002) (Opinion agreeing with Florida Power & Light, position of amicus curiae that public official lacks standing to challenge constitutionality of tax statute).
- Cerna v. South Florida Bioavailability Clinic, Inc., 815 So. 2d 652, 27 Fla. L. W. D286a (Fla. 3d DCA 2002) (Affirmance of summary judgment for Pfizer, Inc. in products liability action alleging that drug had caused plaintiff’s vision loss).
- Access Now, Inc. v. Cunard Line Limited & Carnival Corp., 2001 WL 1622015, 2001 US Dist. LEXIS 21481, 15 Fla. L.W. Fed. D33 (S.D. Fla. 2001) (Moreno, J.) (Order approving nationwide class action settlement that requires modification of fleet of 15 passenger cruise ships owned by Carnival Corporation to improve their accessibility to persons with disabilities).
- Florida Outdoor Advertising, LLC v. City of Boynton Beach, 182 F. Supp. 2d 1201, 2001 U.S. Dist. LEXIS 12043; 14 Fla. L.W. Fed. D430 (S.D. Fla. 2001) (Middlebrooks, J.) (Order holding city ordinance regulating outdoor advertising signs violates First and Fourteenth Amendments by discriminating against noncommercial speech and awarding permit applications to Florida Outdoor Advertising, LLC).
- Sivigilsky v. Amedex Insurance Co., 789 So. 2d 545, 2001 Fla. App. LEXIS 10327; 26 Fla. L.W. D1807 (Fla. 3d DCA 2001) (Schwartz, CJ., Gersten & Goderich, JJ.) (Order affirming dismissal of complaint against Amedex Insurance Co. and enforcing insurance arbitration clause. The case is significant because it makes it more likely that arbitration clauses will be enforced).
Additional Experience
Recent Media Reports- Miriam Hill, Warning Boosted on Seroquel Label, Philadelphia Inquirer (Feb. 27, 2009)
- David Bario, Seroquel Plaintiffs Win Documents Battle, American Lawyer (Feb. 26, 2009)
- Dave Wieczorek, Court Upholds Drug Data Law, Dismissing Free Speech Concerns -- Until Recently, Trying To Sell A New Drug Did Not Also Require Expertise In First Amendment Free-Speech Law, Inside Counsel (Feb. 1, 2009)
- Julie Kay, Federal Judge Defies DOJ Wishes, Orders All Plea Agreements to be Posted Online, The National Law Journal (Jan. 28, 2009)
- Sheri Qualters, First Circuit Upholds Law Barring Marketers From Using Data on Doctors’ Prescriptions, The National Law Journal (Nov. 20, 2008)
- Zach Lowe, Am Law 100 Firms on Wrong Side of Landmark Drug Ruling, The American Lawyer (Nov. 19, 2008)
- Patrick Danner, Firms Sue Florida Over Prohibiting Fake Caller IDs, The Miami Herald (Oct. 21, 2008)
- Larry Keller, West Palm to Weigh Petition to Repeal Change, The Palm Beach Post (Oct. 16, 2008)
- Kathleen McGrory, Rudy Crew Skips Disputed Dade School Board Meeting- Miami-Dade School Board Vice Chairwoman Perla Tabares Hantman Held A Meeting To Discuss Budget Problems -- But Superintendent Rudy Crew Did Not Attend, The Miami Herald (Aug. 23, 2008)
- Editorial, City Center Settlement: No 'Feel-Good' Feeling, The Palm Beach Post (June 25, 2008)
- Thomas R. Collins, Judge Approves Settlement In West Palm Beach's City Center Deal, The Palm Beach Post (June 23, 2008)
- Dianna Cahn, West Palm Beach Close to Settling Dispute Over City Center Project, Fort Lauderdale Sun-Sentinel (June 19, 2008)
- Thomas R. Collins, Settlement Approved for West Palm Beach's City Center, The Palm Beach Post (June 18, 2008)
- Thomas R. Collins, Long-Running City Center Battle May be Settled Today, The Palm Beach Post (June 18, 2008)
- Thomas R. Collins, Frankel Rejects City Center Talks, The Palm Beach Post (June 10, 2008)
- Thomas R. Collins, Battle Lines Set on City Center - West Palm Officials Contend Their Actions on the Project Were Based on Principle, While Foes Call it a Stall, The Palm Beach Post (June 9, 2008)
- Thomas R. Collins, City Center Might Make August Ballot, The Palm Beach Post (June 4, 2008)
- Sally Apgar, West Palm Beach City Center Project Will go to Referendum - District Court Approval of Referendum Stands, Fort Lauderdale Sun-Sentinel (June 3, 2008)
- Thomas R. Collins, State Supreme Court Won't Rehear City Center Proposal, The Palm Beach Post (June 3, 2008)
- Thomas Collins, Interim Library Search Stirs Spat, The Palm Beach Post (Mar. 31, 2008)
- U.S. Inquiries Haunt Anti-Castro Cuban, 80, The Houston Chronicle (Mar. 1, 2008)
- Jay Weaver, Serious Legal Questions Loom for Posada, The Miami Herald (Feb. 25, 2008)
- Jordan Mishory, Making Secret Dockets Tougher Called a ‘Remarkable’ Decision, Daily Business Review (Feb. 11, 2008)
- LoMonte, Frank., Greetings From the New Executive Director, Quill & Scroll (Jan. 2008)
- Dianna Cahn, Both Sides Claim Win in West Palm Beach Case, Sun-Sentinel (Jan. 4, 2008)
- Thomas R. Collins, Court Denies WPB Re-Hearing Request in City Center Case, The Palm Beach Post (Jan. 3, 2008)
- Thomas R. Collins, Justices Hold Key to City Complex, The Palm Beach Post (Jan. 3, 2008)
- IMS Health, Wolters Kluwer Health and Verispan Comment on Federal Judge's Decision to Grant Preliminary Injunction, PR-USA.net, Bulgaria -TMC Net, CT, Insurance News Net, PharmaLive.com, RTT News, NY, FOX News, News & Observer, NC, Trading Markets, POR AGENCIAS: Agencia IBNW InfoBolsa, Spain, WELT ONLINE, Germany, Ad-Hoc-News (Pressemitteilung), Germany, PR-Inside.com (Pressemitteilung), Austria (Dec. 26, 2007 - Jan. 2, 2008)
- AP, Judge Overturns Maine Law On Rx Data, The Wall Street Journal, Boston Globe, San Diego Union Tribune, Philadelphia Inquirer, Newsweek, MiamiHerald.com, Newsday, San Francisco Chronicle, Fort Worth Star Telegram, Hartford Courant, Guardian Unlimited, UK, Kansas City Star, Minneapolis Star Tribune, El Paso Times, Forbes, Washington Post, Seattle Post Intelligencer, San Jose Mercury News (Dec. 23-27, 2007)
- Meg Haskell, Ruling Favors Prescription Data Mining, Bangor Daily News, (Dec 22, 2007)
- Nick Welsh, A Watchdog, Not a Lapdog - Annie Bardach Stands Tall Against Alberto Gonzales's Assault on Journalism, Santa Barbara Independent (May 31, 2007)
- Sally Apgar, Panel Gives About Face to City Center Complex in WPB, South Florida Sun Sentinel (Oct. 3, 2007)
- Susan Spenser-Wendel, Appeals Court Says Voters Should've Been Asked About WPB City Center, The Palm Beach Post (Oct. 3, 2007)
- Court: Funding For WPB City Center Must Go To Vote, Construction On New Library, City Hall Could Halt, WPBF-TV (Oct. 3, 2007)
- Hillary Lehman, Experts Debate First Amendment Issues in Tasering, The Independent Florida Alligator (September 26, 2007)
- Michael Cunningham, Is South Beach Too Hot for Athletes?, South Florida Sun-Sentinel (July 15, 2007)
- Art Levy, Libel's First Cousin - False Light Suits Don't Question the Facts of a Media Report, Just the Implication of the Facts, Florida Trend (July 1, 2007)
- Julie Kay, Justice Watch - Robles Case Sheds Light on More Sealing of Documents, Daily Business Review (May 29, 2007)
- Jordana Mishory, Diversity Panel Holds First Secret Meeting, Daily Business Review (May 16, 2007)
- Ann Henson, State Won't Charge Mayors, Key West Citizen (May 9, 2007)
- Thomas Ginsberg, Health-Care-Data Firms Win A Key Court Battle - A Judge Struck Down A N.H. Ban On Gathering Information Used To Target Doctors For Sales Pitches, Philadelphia Inquirer (May 2, 2007)
- Kathy McCormack, Judge Strikes Down Law on Doctors' Prescriptions, Boston Globe, Guardian Unlimited (UK), Forbes (April 30, 2007)
- Stephanie Saul, Court Strikes Law Barring Sale of Drug Data, New York Times (Apr. 30, 2007)
- Julie Kay, Justice Watch - Internal Comments Not Protected by First Amendment, Daily Business Review (Apr. 30, 2007)
- Julie Kay, Justice Watch - Defense Bar Protests Removal of Plea Deals from U.S. Web Site, Daily Business Review, Law.com (Apr. 23, 2007)
- Jim DeFede, Response To Crew - Jim Speaks With Miami-Dade School Board Member Perla Tabares Hantman, Who Wanted To Respond To Dr. Rudy Crew's Comments On Yesterday's Show, WINZ (Apr. 11, 2007)
- Katharine Webster, Judge Vets Facts In N.H. Drug Law Case, Business Week, Forbes, Houston Chronicle, Laconia Citizen, Canadian Business, Hemscott (UK), ABCmoney.com, Forex TV (UK), MSN Money, Yahoo! Finance (Apr. 11, 2007)
- Dan Christensen & Patrick Danner, High Court Prohibits Lawsuit Secrecy - The Florida Supreme Court Ruled That Secret Court Dockets -- Sealed From Public Viewing For Years -- Must Be Opened, The Miami Herald (Apr. 6, 2007)
- John Pacenti, Florida Supreme Court - Justices Forbid Hiding Civil Cases, Daily Business Review (Apr. 6, 2007)
- Tania deLuzuriaga, Miami-Dade School Board, Judge: Dade School Board's Costly Legal Fight Is 'Absurd' - A Miami-Dade Judge Chastised County School Officials For Engaging In An Expensive Legal Confrontation, The Miami Herald (Mar. 29, 2007)
- Ketty Rodriguez, Incluyen Petición De Perla Tabares En Demanda Contra Rudolph Crew, El Nuevo Herald (Mar. 28, 2007)
- Ketty Rodriguez, Perla Tabares Se Une A Demanda Contra Crew, El Nuevo Herald (Mar. 22, 2007)
- Rebecca Riddick, Divorce Feud - Jewish Man Wants Judge to Halt Demonstrations Protesting His Refusal to Grant Ex-Wife Religious Divorce, Daily Business Review (Mar. 15, 2007)
- Ketty Rodriguez, Juez Fijará Atribuciones Del Superintendente, El Nuevo Herald (Jan. 11, 2007)
- Ludmilla Lelis, Psssst! Ruling On Secrecy Is -- A Secret -- Judge’s Ruling On Secrecy Of Grand-Jury Report On Tanner Is A Secret - A Judge Won’t Release Grand Jury Report On Prosecutor John Tanner, Orlando Sentinel (Mar. 13, 2007)
- Rebecca Riddick, Former Dade Schools Inspector Claims False Reports Cost Him Job, Daily Business Review (Mar. 07, 2007)
- Jay Stapleton, Local Leaders Show Support For Newspaper In Court Fight, Daytona Beach News-Journal (Mar. 6, 2007)
- Bree Nordenson, Capturing Cuba - Ann Louise Bardach’s Relentless Pursuit of a Dictator, His Enemies, and Their Secrets, Columbia Journalism Review (March 2007)
- Patrick Danner, Golfer Zoeller Sues Miami Firm for Wikipedia Posting, The Miami Herald (Feb. 22, 2007)
- Katharine Webster, State Defends Prescription Privacy Law, Forbes, BusinessWeek, Houston Chronicle, Boston Globe, Portsmouth Herald, Concord Monitor, Laconia Citizen, Foster's Daily Democrat, The Union Leader, Hemscott, UK, ForexTV.com, ABCmoney.co.uk, Canadian Business, WCAX Vermont, (Feb. 6, 2007)
- Kevin Landrigan, Drug Trial Ends, But Verdict Months Away, Nashua Telegraph (Feb. 6, 2007)
- Thomas Ginsberg, Threat to Health-Data Cottage Industry, Philadelphia Inquirer (Feb. 5, 2007)
- Dan Gorenstein, Judge to Rule on NH Drug-Marketing Law, Day to Day, National Public Radio (Jan. 31, 2007)
- AP, Trial Brings for NH Law Barring Sale of Prescription Info, Foster’s Daily Democrat, WCAX, Vt., WCSH-TV, Me. (Jan. 30, 2007)
- Katherine Webster, Data Miners, State Listen to Lectures¸ Concord Monitor (Jan. 30, 2007)
- Kevin Landgren, Challenge to Drug Law Allowed to Advance, Nashua Telegraph (Jan. 29, 2007)
- Katherine Webster, Trial Begins for New Hampshire Law Barring Sale of Prescription Info, Boston Globe (Jan. 29, 2007)
- Julie Masis & Toni Clarke, Drug Industry Takes Aim at NH Prescription Law, Reuters, Boston Globe, The Economic Times (India), MSNBC, Yahoo! News, Scientific American (Jan. 29, 2007)
- Forrest Norman, Fla. Court Grapples With Security Worries and Media Fights Over Lunsford Murder Trial - Defense attorneys are seeking to postpone the trial, Daily Business Review, Law.com (Jan. 24, 2007)
- Drug Firms Face Hurdles in Collecting Prescription Data, The Moscow Times, Russia (Jan. 29, 2007)
- Julie Nasis & Toni Clark, US Drug Industry Takes Aim at Prescription Law, Scientific American (Jan. 29, 2007)
- Dan Christensen and Patrick Danner, Dade Won’t Falsify Court Records, Prosecutor Says, The Miami Herald, The Bradenton Herald (Dec. 14, 2006)
- Dan Christensen and Patrick Danner, Prosecutor Defends Falsifying Court Records, The Miami Herald (Dec. 14, 2006)
- Margot Sanger-Katz, Drug Law Faces Court Challenge, Concord Monitor (Nov. 20, 2006)
- Dan Christensen & Patrick Danner, Dockets Doctored to Shield Snitches - In at Least Two Cases, Miami-Dade Prosecutors and Judges Had False Court Records Created to Protect Government Snitches. One Prosecutor Calls It ‘An Established Practice,’ The Miami Herald (Nov. 18, 2006).
- Editorial, Open Court-Case Files Encouraged, Lakeland Ledger (Nov. 3, 2006)
- Dan Christensen, Rules Proposed To Reduce Court Secrecy, The Miami Herald (Nov. 2, 2006)
- Forrest Norman, Public Records - A Mystery Case Hidden in Plain Sight, Daily Business Review, (Oct. 26, 2006)
- Dan Christensen, Dade Judge Takes Back Allowing Hidden Cases, The Miami Herald (Oct. 23, 2006)
- Dan Christensen & Patrick Danner, Civil Court Cases Were Kept Hidden - A Dozen Civil Cases Have Been Hidden From Public View In Miami-Dade County, According To A Judge's Letter, The Miami Herald (Oct. 17, 2006)
- Sally Apgar, Citizens' Group Calls for Vote on Proposed City Center in West Palm, Ft. Lauderdale Sun Sentinel (Oct. 12, 2006)
- Thomas R. Collins, West Palm Dispute returns to Court, The Palm Beach Post (Oct. 11, 2006)
- Sally Apgar, Appeal Court Urged to Allow Vote on Relocating West Palm City Hall, Fort Lauderdale Sun Sentinel (Oct. 11, 2006)
- Joanna James, E-Discovery - Panel Looks Into Updating Discovery Rules, New York Law Journal, Daily Business Review (Sept. 12 & 29, 2006)
- Monica Hatcher, Public Records are Easy Targets for ID Thieves - The State's Record Keepers Must Delete Sensitive Personal Information from Government Websites -- Until That's Done, Many Floridians are in Danger of Having Their Identities Stolen, The Miami Herald, Charlotte Observer, Contra Costa Times (Aug. 28, 2006)
- Thomas R. Collins, City Center’s Fate Could Boil Down to Judge’s Ruling, The Palm Beach Post (Aug. 18, 2006)
- Pamela Perez, Tequesta To 'Reaffirm' Oath Meaning, The Palm Beach Post (July 13, 2006)
- Sabrina Shankman, Cameras Keeping Streets Safer? When It Comes To Cameras And Wiretaps, Local Criminal Defense Attorney Francis O'Boy Said Evidence Taken Through Surveillance Will Hold Up In Court, As Long As The People Being Observed Shouldn't Expect Privacy Where They Are Being Watched, Taunton (Mass.) Gazette (July 8, 2006)
- Brent Kallestad & Monica Hatcher, Web Access To Records Eased - Florida's High Court Loosened Privacy Restrictions On Court Records, Allowing The Public To Access Certain Court Documents Online, The Miami Herald (July 4, 2006)
- Dan Christensen & Patrick Danner, Hiding Court Cases Just Got Tougher - New Broward Court Rules Will Make It Harder To Keep Lawsuits From The Public Eye, The Miami Herald (July 4, 2006)
- Thomas R. Collins, Suit Charges Frankel With Improperly Using Tax Dollars, The Palm Beach Post (July 1, 2006)
- Troy Moon, Defining What's Obscene Often Can Be Unclear, Pensacola News-Journal (June 27, 2006)
- Susan Spencer-Wendel, Lawyers Chafe At Secret Docket Of Files, The Palm Beach Post (June 25, 2006)
- Patrick Danner & Dan Christensen, Judges to Rule on Legality of Secret Court Cases - Broward's Clerk of Courts on Thursday Began Filing Motions Asking Judges to Clarify Whether Information on More Than 100 Hidden Cases was Meant to be Confidential, The Miami Herald (June 16, 2006)
- Patrick Danner & Dan Christensen, Divorce Cases Of Big Shots Hidden On Secret Broward Docket - Court Cases Involving Two Broward Judges' Divorces Are Among More Than 100 Cases Hidden On A Secret Docket, The Miami Herald, Bradenton Herald (June 13, 2006)
- Amy Sherman, Mouse Click May Ease Paper Chase - A New Filing System For Court Documents Will Allow Internet Accessibility, The Miami Herald (June 11, 2006).
- Sabrina Shankman, Police Watching Union Street Thugs - Carmen Segarra has Lived on Union Street for 10 Years. It's Where She's Raised Four Children; Where She Watches Her 11 Grandchildren, Taunton Gazette (May 14, 2006)
- Chase Squires, News Fan's Story Has Surprise Twist - A Hobbyist's Web Site Is Hobbled When The Objects Of His Adoration, TV News Stations, Suddenly Protest The Use Of Their Copyrighted Material, St. Petersburg Times (May 2, 2006)
- Gina Serpe, Stapp-Kid Rock Sex Tape Suit Tossed, E! Online (Apr. 20, 2006)
- Mort Lucoff, Sex Video Lawsuit Against Former Creed Singer Dismissed, Associated Press, ABC News, CBS News, Chicago Tribune, Washington Post, Seattle Post-Intelligencer (April 19-20, 2006)
- Patrick Danner & Dan Christensen, Secret Docket - Broward Judge Orders Unsealing Of Hidden Case - A Judge Opened Up One Of The 107 Broward Circuit Cases Mysteriously Hidden Since 2001, Ruling The Case File Contained No Reason For Such Secrecy, The Miami Herald (April 18, 2006)
- Patrick Danner & Dan Christensen, Broward Court Cases Hidden From The Public - More Than 100 Broward Circuit Court Cases Since 2001 Have Been Put On A Docket That The Public Can't See. One First Amendment Lawyer Calls It A 'Secret Judiciary.' The Miami Herald (Apr. 16, 2006)
- Stephen Deere, Building Raised as Building Razed at Future City Center Site in West Palm Beach, Fort Lauderdale Sun-Sentinel (Apr. 4, 2006)
Thomas R. Collins, Group Against City Hall Project Says It’s Half Way to Special Vote, Palm Beach Post (March 24, 2006) - James Miller, Legislature Set to Renew Autopsy Exemption, Daytona Beach News-Journal (March 15, 2006)
- Mike Gimgnani, 41 Bills Threaten to Cloud Sunshine - State Lawmakers Again Propose Legislation To Restrict Access To Public Records and Information, Jacksonville Times-Union (Mar. 12, 2006)
- John Kennedy, Lobbyists Sue To Shield Their Income - A Tough New Ethics Law Requires Them To Disclose Fees. They Say That's Unconstitutional, The Orlando Sentinel (Feb. 18, 2006)
- Bobby Link, Lobbyists Sue Legislature, Capital Report - Florida Public Radio (Feb. 17, 2006)
- Gary Fineout, Lobbyists Want To Halt Gift-Ban Law -- Lobbyists Will Go To Court Today To Block One Of The Nation's Toughest Restrictions On Gifts From Lobbyists To Legislators, The Miami Herald (Feb. 17, 2006)
- Bill Cotterell, Lobbyists To Sue Over Gift Ban - Suit Says Fee-Disclosure Provision Unjustified, The Tallahassee Democrat (Feb. 17, 2006)
- Times Staff, Maybe The First-Year Students Were Too Busy, St. Petersburg Times (Feb. 7, 2006)
- Amy Obermeyer, A Civil Media - Common Sense, Duh, Indiana Daily Student (Feb. 2, 2006)
- Allison Retka, Officials Confiscate, Later Return Student Paper Naming Sexual Assault Victim -Incident Calls Into Question Journalistic Practice Of Withholding Victims' Names, Attorney Says, Student Press Law Center (Jan. 30, 2006)
- Betsy Martinez, University Removes Students Newspapers -- Administrators, Student Press Learn Legal Lesson, The Beacon, Jan. 30, 2006
- Noah Bierman, Removal of FIU newspapers Raises First Amendment Questions, The Miami Herald, The Lakeland Ledger, Bradenton Herald (Jan. 28, 2006)
- Duane James, FIU Student Newspaper Copies Seized by Officials, Fort Lauderdale Sun-Sentinel, Jan. 28, 2006
- Carl Jones, A Slots Slip-Up? Judges Question Whether Pre-Election Fraud Trumps a Fair Vote? Daily Business Review (Dec. 16, 2005)
- Julie Kay, Justice Watch - Rules Secrecy Ends, but Direct Transfers of Cases Continues. New York Law Journal, Daily Business Review (Nov. 21, 2005)
- Larry Keller, Defense in Attack on Girl Seeks Closed Hearing, Palm Beach Post (Nov. 15, 2005)
- Jessica M. Walker, Attorneys in Exxon Case Battle Over Millions in Fees, Daily Business Review (Oct. 25, 2005)
- Josh Hafenbrack, Scripps Judge Used To Public Eye Middlebrooks Described As Meticulous, Sun Sentinel (Oct. 21, 2005)
- Allan Wolper, The Final Twist in the DeFede Saga, Editor & Publisher (Oct. 10, 2005)
- AP, Lawmaker Tries To Stop Legal Slots Here - A Republican Lawmaker Has Introduced A Resolution That Would Overturn A Referendum Allowing Slot Machines In Broward County, The Miami Herald, St. Pete Times, Daytona Beach News-Journal (Oct. 3, 2005)
- AP, Lawmaker Floats Resolution for Another Vote on Broward Slot Machines, Fort Lauderdale Sun-Sentinel (Oct. 2, 2005)
- Denise Kalette, Appellate Court Says Broward Can Install Slot Machines, Daytona Beach News-Journal, Bradenton Herald, Gainesville Sun, Lakeland Ledger, Las Vegas Sun, Sarasota Herald-Tribune, WINK-TV Orlando Sentinel, The Fort Myers News-Press, St. Petersburg Times, Naples Daily News (Sept. 30, 2005)
- Mel Taylor, Appeals Court Gives Go-Ahead to Slots in Broward, WPLG-TV (Sept. 30, 2005)
- USTA, Appeals Court Favors Broward Parimutuels, New Zealand Harness Link (Sept. 30, 2005)
- Erika Bolstad, Court Affirms Right to Install Slots - Another Court Has Said There is Nothing Holding Back Three Race Tracks and A Jai-Alai Fronton Seeking Slot Machines, Even if There are No State or County Regulations, The Miami Herald (Sept. 29, 2005)
- Matthew Haggman, Famed Miami Law Firm Merges - Steel Hector & Davis, The Venerable Law Firm Founded During Miami's Booming 1920s That Became A Florida Institution, Will Merge Today With an Ohio Firm and its Name Will Pass Out of Existence, The Miami Herald (Sept. 6, 2005)
- AP, Judge Rules Fla. Slot Machines Can Go Ahead Without Rules, Las Vegas Sun (Aug. 23, 2005)
- UPI, Judge OKs Racetrack Slot Machines, Science Daily (Aug. 23, 2005)
- WPLG-TV, Broward Judge Reiterates Ruling on Slot Machines, Sun Sentinel (Aug. 23, 2005)
- WPLG, Broward Judge Overrules Appeal, Says Slots Will Go Forward, WPLG-TV Channel 10 (Aug. 22, 2005)
- Erika Bolstad, A Judge Said Slots Can Go Forward, But Don’t Expect Them Soon, The Miami Herald (Aug. 22, 2005)
- Dan Cordtz, Media - Blogs Get a Foothold in South Florida Newspapers, Daily Business Review, New York Law Journal (Aug. 18, 2005)
- Noaki Schwartz, ‘Strong Mayor’ Ruling Divides Experts, The Miami Herald (Aug. 15, 2005)
- John T. Fakler, DeFede Taping Debacle a Lesson for Businesses, South Florida Business Journal (Aug. 15, 2005)
- Denise Kalette, Media Groups Hail Decision to Drop N.Y. Times Subpoenas, Dateline Alabama, Bradenton Herald (Aug. 10, 2005)
- Denise Kalette, U.S. Drops N.Y. Times Posada Subpoena, Los Angeles Times, San Jose Mercury News, Seattle Post Intelligencer, Ottawa Sun, San Francisco Chronicle (Aug. 9, 2005)
- Jessica M. Walker, Tape Entanglements - Little-tested law at center of whether Herald columnist Jim DeFede will be prosecuted for taping Teele phone call, Daily Business Review (Aug. 3, 2005)
- Jon Burstein, Pari-mutuels Challenge Broward’s Delay in Allowing Slot Machines, Sun Sentinel (June 30, 2005)
- Amy Sherman, Gambling - Slots ruling: court quandary - A Broward judge's recent decision on slot machines highlights the difficulty of forcing state lawmakers to follow constitutional amendments passed by voters, The Miami Herald (June 26, 2005)
- Carl Jones, Slot Machines -- Should judges step in -- Broward judge’s ruling reopens issue of whether courts should implement policy when lawmakers take a pass, Daily Business Review (June 24, 2005)
- Dan Christensen, Judges Maintain Secret Policy Manual, Daily Business Review (June 15, 2005)
- Julie Kay, Regulation - Gambling on the Courts, Daily Business Review (Jun. 10, 2005)
- Jan Pudlow, Bar’s Animal Law Committee Rounds Up Interested Lawyers -- Hold The Jokes About Dogs Needing Lawyers -- This Emerging Area Of The Law Is Now Gaining Respect, The Florida Bar News (Mar. 1, 2005)
- MSNBC Scarborough Country, Rush Limbaugh Appeals to the Florida Supreme Court (Jan. 21, 2005)
- Julie Kay, Law Firm - Klock Gives Up Steel Hector Post (Nov. 8, 2004)
- Jay Weaver, State Attorney Race - Rights Advocate Miffed Over Ad - A Prominent Civil-Liberties Advocate Finds Herself In The Middle Of A Nasty Campaign For Miami-Dade State Attorney And Is 'Disgusted' About It, The Miami Herald (Oct. 21, 2004)
- Matthew Haggman, Model Agencies at War Over Name, The Miami Herald (Sep. 29, 2004)
- Henry Frederick, Local Lawyers Among Florida’s Legal Elite, Daytona Beach News-Journal (July 9, 2004)
- Jackie Hallifax, Florida Supreme Court - Court Considers Proposed Tax Amendments, The Miami Herald, Tampa Tribune & Sarasota Herald Tribune (Jun. 30, 2004)
- Laurie Cunningham, Pleas for Initiative Delivered, Daily Business Review (Jun. 30, 2004)
- Tim Lemke, Explicit Spam is Defying Definition, The Washington Times (Apr. 28, 2004)
- Dan Christensen, Fur May Fly With Request for Animal Law Panel, Daily Business Review (Apr. 2, 2004)
- Scott Bates, When Activists Attack -- A Mogul, Orlando Sentinel (Mar. 28, 2004)
- Robert Patrick, Panel Will Debate Web Access to Documents, Sarasota Herald Tribune (Mar. 14, 2004)
- Vickie Chachere, Manatee Couple Sues Over School Board Meeting Prayers, The Miami Herald (Feb. 2, 2004)
- MSNBC Scarborough Country, Privacy of Rush Limbaugh Drug Records Debated, Dec. 22, 2003
- Dan Christiansen, Why Did He Do It? South Florida Judges Question Judge Paul Huck’s Actions in Bringing Secrecy to Extreme Level in Case Linked to Terrorism Probe, Daily Business Review (Dec. 2, 2003)
- Jon Warech, Video Voyeurs - ‘Girls Gone Wild’ and ‘Bumfights’ May be Pushing the Boundaries of Taste - and Some People Caught on Camera are Pushing Back, The Miami Herald (Mar. 12, 2003)
- CNN’s On the Record - Greta Van Sustern, Girls Gone Wild, (Mar. 7, 2003 & Dec. 6, 2002)
- Stephen Van Drake, ‘Girls Gone Wild’ Cases Test Constitution, The South Florida Business Journal (Aug. 9, 2002)
- Matthew Haggman, War of Accusations - Attorneys Trade Misconduct Allegations in Fallout from Dispute Between Super-Agent/Lawyer, Talent Agency, Daily Business Review (June 14, 2002)
Relevant Utility Experience Won Florida Supreme Court decision preventing construction of merchant power plant that would compete with power plants owned by Florida Power & Light Co. Opposed property appraisers in a variety of actions involving the valuation of nuclear and coal-fired power plants for ad valorem taxation purposes, including suit that reduced valuation of nuclear plant by $100 million. Won appellate decision rejecting a claim that electromagnetic fields generated by an electric utility and emanating from residential water system caused a husband and wife to contract chronic myelogenous leukemia. Obtained decision that protected utility copyright interest in investment in a digital land database that it had created with county government to reduce construction planning costs for all utility projects.
Membership
- Media Law Resource Center, Defense Counsel Section - Chair, Newsgathering Committee (2005); Chair, Libel Jury Instructions Committee (1995)
- Member, The Florida Bar
- Admitted to Practice: U.S. Supreme Court, First Circuit Court of Appeals, Eleventh Circuit Court of Appeals, U.S. District Courts for the Southern and Middle Districts of Florida
Awards and Professional Recognition
- Most Effective Public Interest Lawyer Finalist 2008, Daily Business Review
- PEN USA Literary Award of Honor 2007
- South Florida Business Journal Key Partners Finalist (2007)
- Listed in Best Lawyers in America in the First Amendment practice area since 1992.
- Most Effective First Amendment Lawyer of 2005, Daily Business Review
- Named one of "Florida's Legal Elite," a listing of the state's "lawyers held in the highest regard," selected by Florida attorneys and published in Florida Trend Magazine, July 2004, 2005, 2006, 2007, 2008
- Florida's Top Lawyers (Florida Monthly list of 908 lawyers) (Nov. 2004)
- Florida Leading Lawyers
- Leading American Attorneys
- Named among the top 100 lawyers in Florida by Florida Super Lawyers Magazine, a listing of the state's "lawyers held in the highest regard" by their peers, 2006-2010
Education  - J.D., University of Florida Levin College of Law, honors, 1981
- B.A., University of Florida, Political Science, high honors, 1978
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Thomas Julin
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