Malice in Wonderland: Today's Changing Defamation Landscape

The Middle District of Pennsylvania Chapter of the Federal Bar Association—in conjunction with the FBA Federal Litigation Section, FBA Civil Rights Section, and the Northern California, Puerto Rico, and South Florida Chapters of the FBA—proudly present the CLE program “Malice in Wonderland: Today’s Changing Defamation Landscape,” This program is approved by the PACLE Board for 2.0 CLE credits (1.5 substantive and 0.5 ethics). *** For all jurisdictions other than PA, we will provide a generic 50- and 60-minute state certificate for you to self-file and self-report your CLE. ***

Moderated by Robert Costa, Chief Election & Campaign correspondent for CBS News, co-author of the book “Peril” with Bob Woodward, and former moderator and managing editor of “Washington Week” on PBS, this can’t-miss event will feature four renowned leaders in the fields of First Amendment and media and entertainment law:

Ben Chew is a multifaceted litigator and Co-Chair of the Brand & Reputation Management Group at Brown Rudnick LLP, with clients including top U.S. corporations and leading domestic and foreign public figures.  He recently served as co-lead trial counsel in Johnny Depp’s six-week defamation trial in Virginia.  Ben has represented countless other high-profile clients, ranging from Cher to the governments of Dubai and Honduras and the Prime Minister of the Czech Republic.

Tom Hentoff is Co-Chair of Williams & Connolly’s First Amendment & Media practice group and its Trademark and Copyright practice group.  Tom has represented news organizations and journalists in a number of high-profile defamation cases, including cases arising from the Mueller investigation, the first impeachment of President Trump, national security news coverage, special forces raids, viral videos, gun control debates, the use of child labor in international supply chains, coal mine safety, and public health issues surrounding the treatment and prevention of COVID-19.

David McCraw serves as the lead newsroom lawyer for The New York Times.  He has spent 21 years at The Times and currently holds the position of Senior Vice President and Deputy General Counsel.  In addition to advising the newsroom on libel and other legal issues, David is one of the nation’s most prolific litigators of Freedom of Information cases.  He regularly teaches a course in press law at Harvard Law School and has been an adjunct faculty member at the NYU School of Law.

Kelli Sager is a partner in Davis Wright Tremaine LLP’s Los Angeles Office.  She has spent more than 35 years representing media and entertainment companies and individual journalists, including broadcasters, cable companies, film producers and distributors, newspapers and magazines, book authors, and Web publishers.  

This all-star panel will briefly situate the audience in foundational principles of First Amendment and defamation law and the anatomy of a libel lawsuit before diving into current trends in defamation litigation, including the uptick in suits by public figures and high-profile individuals and the emergence of ideology-driven defamation suits.  The panel will offer their expert take on news-making defamation suits (including those brought by or against Johnny Depp, Donald Trump, Sarah Palin, Devon Nunes, Fox News, and Alex Jones), and debate the future of New York Times v. Sullivan.  The panel will also offer insights on practical matters such as anti-SLAPP laws, damages, and remedies.