REPRESENTATIVE TRANSACTIONS:
Thomas & LoCicero provides the following transactional services, among others:
Pre-publication and pre-broadcast review of news stories and other content to avoid defamation, invasion of privacy, and similar claims. Facilitating access to public records and government meetings, and litigating public records, open meetings, and FOIA cases. Conducting trademark reviews and registering trademarks; managing substantial trademark portfolios, licensing trademarks, and litigating trademark and domain name disputes. Registering and licensing copyrights, and prosecuting and defending copyright infringement claims. Creating promotional contest and sweepstakes rules, and drafting affidavits of eligibility, liability releases, publicity releases, and related documents. Creating and assessing click-through agreements, analyzing children’s advertising issues, navigating social networking issues, providing counseling on FTC blogger guidelines, creating mobile marketing agreements, and providing website reviews and recommendations. Drafting website terms of use and privacy policies. Managing and conducting internal corporate investigations.
REPRESENTATIVE CASES:
Thomas & LoCicero litigates a wide range of matters, including commercial disputes, IP cases, and defamation/invasion of privacy actions at the trial and appellate levels. Representative cases include:
Gottwald v. Geragos, et al., N.Y. County Index No. 162075/14, 2019 WL 1938517 (N.Y. App. Div. May 2, 2019). Obtained affirmance of discovery order in representation of celebrity-lawyer Mark Geragos’ law firm in a defamation suit brought by famed music producer Lukasz “Dr. Luke” Gottwald.
Folta v. The New York Times Company, et al., No. 1:17-cv-256-MW/GR, 2019 WL 486776 (N.D. Fla. Feb 27, 2019), appeal dismissed, No. 19-10988-HH (11th Cir. Apr. 9, 2019). Won summary judgment for The New York Times in defamation case involving news story profiling relationships between pubilc university professors and the biotechnology and organic food industries concerning the safety and regulation of G.M.O. food products.
Nix & DNA Sports Performance Lab, Inc., v. ESPN, Inc., et al. (S.D. Fla. 2018), aff’d 2019 WL 2142038 (11th Cir. 2019). Won dismissal of libel action against Associated Press, ESPN, and USA Today brought by former professional baseball player.
Grigorian v. FCA US, LLC (S.D. Fla. 2019). Obtained voluntary dismissal of indemnity and breach of contract claims against advertising agency in TCPA class action case.
Porkka v. University of South Florida Board of Trustees, No. 3:17-cv-245-J-25JRK, 2018 WL 2717235 (M.D. Fla. Feb. 16, 2018). Obtained dismissal of copyright infringement case on behalf of state university.
State Attorney’s Office of 17th Jud. Cir. v. Cable News Network, Inc., 251 So. 3d 205, (Fla. 4th DCA 2018), review denied (Fla. 2018). On behalf of a consortium of media companies, obtained surveillance video of law enforcement’s response to the Parkland school shooting, defeating argument that video was exempt from disclosure.
Ayers v. State Farm Mutual Automobile Insurance Company, 2018 WL 375719 (M.D. Fla. 2018). Obtained protective order to preclude depositions of employees that were beyond scope of discovery and recovered attorneys’ fees.
Reel v. McFarland, et al. (S.D. Fla. 2018). No. 17-21683-civ-MORENO. Achieved voluntary dismissal of class action claims against advertising agency arising from failed Fyre Festival musical event.
Opacmare USA, LLC v. Lazzara Custom Yachts, LLC, et al., Case No. 8:16-cv-03288-VMC-JSS (M.D. Fla. 2016). Obtained voluntary dismissal of trademark infringement and counterfeiting claims relating to famous yacht-design mark.
Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Convinced appellate court to reverse cybersquatting verdict and hold that plaintiff failed to establish trademark rights.
Salvani v. ADVFN PLC, 50 F. Supp. 3d 459 (S.D.N.Y. 2014). Obtained dismissal of claims under the Securities Exchange Act against website publisher.
Medytox Solutions Inc. v. InvestorsHub.com, Inc., 152 So. 3d 727 (Fla. 4th DCA 2014). Established that Communications Decency Act bars injunction against online speech.
Gawker Media, LLC v. Bollea, 129 So. 3d 1196 (Fla. 2d DCA 2014). Reversed temporary injunction prohibiting media from publishing explicit video of professional wrestler Hulk Hogan.
Bainter v. League of Women Voters of Florida, 150 So.3d 1115 (Fla. 2014). Represented a consortium of media companies supporting public access to records of a political consulting firm involved in redistricting efforts.
InvestorsHub.com, Inc. v. Mina Mar Group, Inc., 2011 WL 12506239 (N.D. Fla. June 20, 2011). Won order declaring foreign defamation judgment unenforceable in U.S. pursuant to federal SPEECH Act.
NCAA v. Associated Press, 18 So.3d 1201 {Fla. 1st DCA 2009). On behalf of 23 leading media entities, obtained access to NCAA records Florida State University lawyers had reviewed in the course of contesting NCAA sanctions imposed on the school.
News-Press v. U.S. Dep’t of Homeland Security, 489 F.3d 1173 (11th Cir. 2007). In the aftermath of a devastating hurricane season, litigated and won access to the addresses of disaster claimants from FEMA.
Xerox Corp. v. Smartech Document Management, Inc., 979 So.2d 957 (Flo. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
Tyne v. Time-Warner Entertainment, Co., 901 So.2d 802 (Fla. 2005). On behalf of producers of the movie The Perfect Storm, established right to portray real individuals in movie without needing their approval or paying compensation.
STATE COURTS:
Florida
New York
FEDERAL COURTS:
U.S. Supreme Court
U.S. Court of Appeals for the District of Columbia
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Second Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
U.S. District Court, Southern District of New York
