First Amendment and Defamation Litigation
Sher Tremonte has extensive experience in litigating defamation and other First Amendment-related matters.
Outside the courtroom, the firm helps media clients develop strategies that minimize exposure to defamation lawsuits, providing pre-publication review and counsel to ward off litigation. Our lawyers also counsel clients on ways to mitigate and redress injury caused by false and damaging speech, as well as freedom of speech issues raised by government regulations.
Experience
- Successfully defended a public relations firm in a defamation lawsuit arising out of remarks on an internet comment thread. Obtained a complete dismissal of all claims, affirmed by the U.S. District Court for the Second Circuit, on the grounds that remarks constituted non-actionable, protected speech.
- Represented an entertainment industry news outlet in a dispute with a celebrity involving claims of copyright infringement and defamation; resolved the case early and favorably for a fraction of the damages sought by our adversary.
- Defended and obtained favorable, early-stage resolution for journalist sued for defamation in connection with investigative reporting into alleged securities fraud.
- Represented professional fencing coaches in a defamation lawsuit arising from clients’ efforts to disclose potential mistreatment of minor athletes; obtained complete dismissal of claims following a pre-discovery motion to dismiss.
- Prevailed against a major national law firm, surviving a motion to dismiss the complaint we filed on behalf of a priest in a defamation lawsuit against the Archdiocese of New York.
- Obtained a landmark Second Circuit ruling on prisoners’ free speech rights, holding that the First Amendment’s “right not to speak” protects prisoners from becoming informants against their will.
- Defended an entity sued by a litigious copyright troll and obtained a rare pre-answer/pre-discovery dismissal of copyright infringement claims while maintaining the client’s anonymity.
- Representing a literary and media agency asserting claims of defamation and tortious interference against competing agency and its principal.