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Jassy Vick Carolan Obtains Court Order Requiring Disclosure of COVID-19 Infection Numbers at Long-Term Care Facilities in County
January 2021 - Duffy Carolan obtains court order under the state’s Public Records Act requiring the County of Alameda to disclose the number of staff and patients infected with COVID-19 and resulting deaths at named long-term care facilities in Alameda County over county’s objection that the Health Insurance Portability and Accountability Act prohibited disclosure.   In a first of its kind decision in California, the Court ruled that HIPAA does not supersede the state’s Public Records Law; rather, that law falls within the “required by law” exception to HIPAA and compels disclosure unless the records are exempt under the CPRA.   The court also ruled that the county failed to prove that its health department was a “covered entity” subject to HIPAA or that the aggregate data being sought by firm client the Bay Area News Group constituted “individually identifiable health information” within the meaning of HIPAA.   The court’s ruling, as noted, falls in line with other out-of-state decisions addressing the intersection of HIPAA and a state’s open records laws, but is the first in California to address the issue.   East Bay Times article here.   The Court's opinon can be found here.   Jassy Vick Carolan Obtains Order Striking Libel Complaint Brought by Candidate for School Board
December 2020 - Duffy Carolan and Elizabeth Baldridge successfully defended firm client Embarcadero Media in libel suit brought by a candidate running for a local school board in Palo Alto, CA.   In striking the complaint under the state’s Anti-SLAPP statute and awarding fees in favor of the paper, the Santa Clara County Superior Court ruled that the plaintiff failed to prove constitutional malice—that is, that the paper knew its articles were false or acted in reckless disregard for the truth.   Jassy Vick Carolan LLP Successfully Defends Huffington Post From Defamation Suit
December 2020 - Jean-Paul Jassy, William Um and Elizabeth Baldridge successfully defended the Huffington Post from a defamation suit brought in federal court in Texas by conservative activist Chuck Johnson.   Jassy Speaks on Defending the Subpoenaed Journalist
December 2020 - Jean-Paul Jassy spoke to a group of lawyers about the law and strategies for defending subpoenaed journalists, their sources and unpublished material in a seminar put on by the First Amendment Coalition and the Press Freedom Defense Fund of First Look Media.   Jassy Vick Carolan LLP Again Gets Top Rankings by U.S. News & World Report and Best Law Firms
November 2020 - After a comprehensive peer review process, Jassy Vick Carolan LLP has been named again nationally as a Tier 1 (highest tier) law firm in the fields of First Amendment Litigation and Media Law.   The Firm was also recognized as Tier 1 in the same fields in the Los Angeles and San Francisco metropolitan areas, and was recognized in the field of insurance law in Los Angeles.   Jeffrey Payne writes about gap grants and copyright termination under the 1976 Copyright Act
October 2020 - Jeffrey A. Payne published an article in Law360 titled “Copyright Gap Grant Nontermination Was No Accident.”   The article argues that the Fifth Amendment’s Takings Clause explains why Congress likely intentionally omitted so-called “gap grants” (that is, grants of copyright interests made before 1978 for works that were not actually created until in or after 1878) from the 1976 Copyright Act’s new copyright termination provisions.   The article can be found here.   Jassy Vick Carolan LLP Defeats Copyright Infringement Claims Concerning Avatar And Taken
October 2020 - A team comprised of Jean-Paul Jassy, Kevin Vick and Elizabeth Baldridge, representing Twentieth Century Fox Film Corp., Lightstorm Entertainment Inc., News Corp. and James Cameron, prevailed on a motion to dismiss copyright infringement and related claims concerning the movies Avatar and Taken.   The Court dismissed the claims with prejudice and entered judgment in the Firm's clients' favor.   A copy of the order is here.   Jassy Serves As Panel Facilitator at Media Law Conference
October 2020 - Jean-Paul Jassy served as a facilitator leading discussion on libel and privacy issues at the Media Law Resource Center's annual conference.   The discussion included high profile defamation cases, #MeToo cases and developments in actual malice.   He also served as a facilitator on a separate panel discussing issues in photography, focusing on linking, embedding and DMCA issues.   Jeffrey A. Payne Joins Jassy Vick Carolan LLP
September 2020 - Jeffrey A. Payne has joined Jassy Vick Carolan LLP as Of Counsel, where he focuses his practice on entertainment, intellectual property, and general litigation matters.   He brings unique insight into the entertainment industry's complex deals and accompanying business and legal needs, having joined the firm following a stint as a business and legal affairs executive at Showtime Networks.   Before Showtime, Jeff spent nearly five years as a litigation associate at Munger, Tolles & Olson LLP following clerkships in the Central District of California and the Ninth Circuit.   "We are thrilled to have Jeff join our team," Jean-Paul Jassy said.   "Jeff has fantastic experience in our boutique specialties as well in general litigation.   His work in-house and as a federal court clerk offer valuable additional insight that will benefit our practice and clients."   Jeff’s bio is available here.   Jassy, Carolan and Um Listed Again in The Best Lawyers in America
August 2020 - Duffy Carolan, William Um and Jean-Paul Jassy were listed again in The Best Lawyers in America, a peer-selected honor.   Carolan has been listed since 2008, and was recognized in the fields of Litigation - First Amendment and Media Law.   Um has been listed since 2017, and was recognized in the field of Insurance Law.   Jassy has been listed since 2011, and was recognized in the fields of First Amendment Law, Litigation - First Amendment and Media Law.   Additionally, Jassy was selected by his peers as the Los Angeles "Lawyer of the Year" in the field of First Amendment Law, which follows his "Lawyer of the Year" honors in 2015, 2016 and 2019.   Jassy Comments on Executive Order Targeting TikTok
August 2020 - Jean-Paul Jassy was quoted in a Hollywood Reporter article concerning President Trump's Executive Order targeting social media application TikTok.   The article can be found here.   Jassy Vick Carolan LLP Defeats Sheriff Joe Arpaio's Second Attempt at a Defamation Suit Against Huffington Post
June 2020 - Duffy Carolan on behalf of firm client The Sun successfully defeated West Valley Water District’s complaint and ex parte application for a restraining order prohibiting The Sun and its reporter from writing any articles gleaned from an internal investigation report lawfully obtained by the reporter and requiring the paper to destroy all copies of the report.   In so ruling, the San Bernardino County Superior Court found that the requested relief, if granted, would be an unconstitutional prior restraint on the press.   The district later voluntarily dismissed the case.   Jassy Vick Carolan Defeats Water District’s Attempt to Obtain Prior Restraint Against Paper
April 2020 - Jean-Paul Jassy, William Um, and Elizabeth Baldridge secured the dismissal of Sheriff Joe Arpaio's defamation complaint against Huffington Post in the District Court for the District of Columbia.   After the Jassy Vick Carolan LLP team successfully moved to dismiss Arpaio's initial case alleging defamation in October of 2019, Arpaio filed a second suit based on the same underlying allegations.   The Court’s order dismissed the case with prejudice.   Jassy Recognized Again By Chambers And Partners In First Amendment Litigation
April 2020 - Jean-Paul Jassy was recognized again by the prestigious Chambers & Partners in the field of Media & Entertainment: First Amendment Litigation - California.   The entry reads: "Jean-Paul Jassy is noted for his expertise in First Amendment issues and his wide-ranging practice also sees him handle copyright infringement, profit participation and breach of contract claims.   An interviewee comments: 'He is an excellent lawyer, who is extremely smart, very calm and has a fantastic analytical sense.'"   Duffy Carolan Honored by the Northern California Chapter of the Society of Professional Journalist
March 2020 - March 2020 – Duffy Carolan was honored by the Northern California Chapter of the Society of Professional Journalists with a Special Citation for her work on behalf of the First Amendment Coalition, Reporters Committee for Freedom of the Press and the Nor. Cal. Chapter of the SPJ to unseal search warrant materials pertaining to the unconstitutional searches by San Francisco Police officers of Journalist Bryan Carmody’s home, office and cell phones.   Due to Covid-19 concerns, the annual James Madison Freedom of Information awards ceremony was moved online.   See here.   Jassy Speaks on Reporter's Privilege Issues at ABA Conference
February 2020 - Jean-Paul Jassy spoke at the "Hot Issues in Reporter's Privilege" session at the American Bar Association's annual Forum on Communications Law Annual Conference in Austin, TX.   Jassy Moderates Conference Panel On Life Rights
January 2020 - Jean-Paul Jassy moderated a panel on "Life Rights in the U.S. and Abroad" at the Southwestern Law School Biederman Institute & Media Law Resource Center's Annual Conference in Los Angeles, CA.   Jassy Vick Carolan LLP Helps Secure Dismissal of Claims Against Vimeo
January 2020 - Jean-Paul Jassy, Kevin Vick and Elizabeth Baldridge aided in the defense of video-sharing website Vimeo against claims for taking down a channel for objectionable content.  Domen v. Vimeo, Inc., --- F.Supp.3d ---, 2020 WL 217048 (S.D.N.Y. 2020)   Jassy and Vick Named Again to Super Lawyers - Southern California Edition
January 2020 - Kevin Vick and Jean-Paul Jassy were named again to the Southern California edition of Super Lawyers, following a peer-nominated, peer-reviewed and independently researched process to find the top 5% of attorneys in Southern California.   Jassy is listed in the fields of Media & Advertising, General Litigation and Intellectual Property Litigation; and Vick is listed in the fields of Intellectual Property Litigation, Business Litigation, Media & Advertising and Entertainment & Sports.   Jassy and Vick Named Top Lawyers by Pasadena Magazine
January 2020 - Jean-Paul Jassy and Kevin Vick are named "Top Lawyers" in media law by Pasadena Magazine.   Jassy Vick Carolan LLP Again Gets Top Rankings by U.S. News & World Report and Best Law Firms
November 2019 - After a comprehensive peer review process, Jassy Vick Carolan LLP has been named again nationally as a Tier 1 (highest tier) law firm in the fields of First Amendment Litigation and Media Law.   The Firm was also recognized as Tier 1 in the same fields in the Los Angeles and San Francisco metropolitan areas, and was recognized in the field of insurance law in Los Angeles.   Jassy Vick Carolan LLP Defeats Defamation Case Brought by Sheriff Joe Arpaio
October 2019 - Jean-Paul Jassy, William Um and Elizabeth Baldridge prevailed for Huffington Post in a defamation case brought by Sheriff Joe Arpaio.   The Court dismissed with prejudice Arpaio's claims for defamation, false light and tortious interference with prospective business relations.   Arpaio v. Zucker, 414 F.Supp.3d 84 (D.D.C. 2019)   Jassy and Vick Present On Anti-SLAPP Developments
October 2019 - Jean-Paul Jassy and Kevin Vick delivered a presentation to the Media Law Resource Center's California Chapter on new developments in the interpretation of California's Anti-SLAPP Law.   Jassy Vick Carolan Prevails for First Amendment Coalition in Public Records Act Litigation Against County of San Diego
October 2019 - Jassy Vick Carolan LLP prevailed on behalf of firm client First Amendment Coalition (“FAC”) in an action seeking disclosure of public records under California’s Public Records Act.   FAC sought public records relating to sexual harassment and sexual misconduct complaints against employees of the San Diego County District Attorney’s Office.   The San Diego Superior Court ordered the County and the District Attorney’s Office to produce responsive records.   The County also will pay nearly $100,000 in attorneys’ fees and costs.   Jassy Vick Carolan attorneys Kevin L. Vick, Jean-Paul Jassy and Elizabeth Baldridge represented FAC in the matter.   FAC’s summary of the case is available here.  Media coverage of the case is available here and here.   Jassy Vick Carolan Successfully Moves Separately Before Five Superior Court Judges to Unseal Journalist Bryan Carmody Search Warrants
August 2019 - Duffy Carolan on behalf of firm clients First Amendment Coalition, Reporters Committee for Freedom of the Press and the Northern California Chapter of the Society of Professional Journalists successfully moves five superior court judges to unseal search warrant affidavits purporting to support an unconstitutional search on journalist Bryan Carmody’s home, office and cell phones.   Carmody lawfully obtained, and disseminated news packages from, an internal investigation report pertaining to the death of then San Francisco Public Defender Jeff Adachi.   In unsealing the warrant materials, each judge recognized that the warrants should not have issued in the first place given Carmody’s status as a journalist and the substantial protections afforded newsgathering materials under California constitutional and statutory law as well as federal law.   Link here.   Jassy, Carolan and Um Listed Again in The Best Lawyers in America
August 2019 - Duffy Carolan, William Um and Jean-Paul Jassy were listed again in The Best Lawyers in America, a peer-selected honor.   Carolan has been listed since 2008, and was recognized in the fields of Litigation - First Amendment and Media Law.   Um has been listed since 2017, and was recognized in the field of Insurance Law.   Jassy has been listed since 2011, and was recognized in the fields of First Amendment Law, Litigation - First Amendment and Media Law.   Jassy Vick Carolan Wins Motion to Unseal Poway Shooting Search Warrant Records for Media Clients
July 2019 - The San Diego Superior Court granted Jassy Vick Carolan's media clients' motion to unseal seventeen search warrants in the Poway synagogue shooting case.   Associate Elizabeth Baldridge appeared on behalf of the the San Diego Union-Tribune, NBC 7 San Diego, KFMB News 8, FOX5 San Diego, and the Associated Press at the hearing.   The unsealing allowed access to information about the alleged shooter's home, online activity, and bank records through the affidavits supporting the warrants.   Among other information, Jassy Vick Carolan's clients were able to report details about how the alleged shooter bought the weapon used in the attack.   A San Diego Union-Tribune article reporting on the unsealing can be found here.   Jassy Vick Carolan LLP filed amicus brief in important student speech rights case
July 2019 - The US Court of Appeals for the Ninth Circuit ruled in favor of speech rights for a UC San Diego student newspaper in a watershed case, The Koala v. Khosla.   Jean-Paul Jassy and Kevin Vick filed an amicus brief for the Foundation for Individual Rights in Education and the Cato Institute in support of the student newspaper.   An article by FIRE about the case can be found here.   Carolan 15th Year to be Named to Super Lawyers – Northern California Edition
July 2019 - Duffy Carolan was named for the 15th consecutive year to the Northern California edition of Super Lawyers, following a peer-nominated, peer-reviewed and independently researched process to find the top 5% of attorneys in Northern California.   Carolan was listed in the field of Media & Advertising.   Jassy Vick Carolan Petitions Superior Court to Unseal Synagogue Shooting Search Warrants
June 2019 - The San Diego Superior Court will hear argument on a motion to unseal search warrants in the Poway synagogue shooting case that Jassy Vick Carolan brought on behalf of media entities San Diego Union-Tribune, NBC 7 San Diego, KFMB News 8, FOX5 San Diego, and the Associated Press. The motion is set for hearing on July 25, 2019. An article covering the unsealing motion can be found here.   Jassy Serves on Bar Association Panel to Discuss First Amendment Issues
June 2019 - Jean-Paul served on a panel for the Los Angeles County Bar Association alongside UC Berkeley Law School Dean Erwin Chemerinsky to discuss recent developments in First Amendment law.   An article about the event can be found here.   Jassy Vick Carolan Secures Jury Verdict on Behalf of Yahoo
May 2019 - A California federal jury unanimously found on May 22, 2019, that National Union, an AIG subsidiary, acted in bad faith when it failed to defend Yahoo in connection with various underlying class action lawsuits.  The jury verdict followed a five-day trial in the United States District Court, Northern District of California.   Will Um and Elizabeth Baldridge secured the jury verdict on behalf of Yahoo.     Jassy Recognized Again By Chambers And Partners In First Amendment Litigation
April 2019 - Jean-Paul Jassy was recognized again by the prestigious Chambers & Partners in the field of Media & Entertainment: First Amendment Litigation - California.   Vick Presents Program on California Supreme Court’s Recent Anti-SLAPP Decision, Rand Resources, LLC v. City of Carson
April 2019 - Kevin Vick gave a presentation on the California Supreme Court’s recent anti-SLAPP decision in Rand Resources, LLC v. City of Carson at the Media Law Resource Center’s California Chapter’s Quarterly Meeting in Los Angeles. Rand Resources addressed the question of what constitutes an “an issue of public interest” under California’s anti-SLAPP statute, Code of Civil Procedure § 425.16. Vick had previously discussed Rand Resources on the Daily Journal’s Weekly Appellate Report podcast.   Vick Serves on Los Angeles County Bar Association Panel to Discuss Entertainment Law and Litigation
March 2019 - Kevin Vick served on a panel for the Los Angeles County Bar Association’s “Bridging the Gap” Program.   Vick and his fellow panelists discussed entertainment law and litigation.   The Facebook page for the event can be found here.   Kevin Vick Interviewed For Daily Journal Article Discussing Justice Thomas’ Desire To Revisit New York Times Co. v. Sullivan
February 2019 - Kevin Vick was interviewed for the Daily Journal’s article discussing United States Supreme Court Justice Clarence Thomas’s controversial concurrence in the Court’s denial of certiorari in a defamation matter in which Justice Thomas stated that he thinks the Court should reconsider its landmark First Amendment decision New York Times Co. v. Sullivan.   Jassy and Vick Named Again to Super Lawyers - Southern California Edition
January 2019 - Kevin Vick and Jean-Paul Jassy were named again to the Southern California edition of Super Lawyers, following a peer-nominated, peer-reviewed and independently researched process to find the top 5% of attorneys in Southern California. Jassy was listed in the field of Media & Advertising and Vick was listed in the field of Intellectual Property Litigation. A link to the publication can be found here.   Jassy Vick Carolan Convinces Ninth Circuit to Certify Important Insurance Question to the California Supreme Court
January 2019 - The Ninth Circuit Court of Appeal has asked the California Supreme Court to weigh in on a tricky insurance coverage question in a case where its client, Yahoo Inc., is seeking insurance coverage for defense costs incurred to defend several underlying class action lawsuits alleging violations of the Telephone Consumer Protection Act.   Specifically, the Ninth Circuit has certified a question to California’s high court asking whether under California law, Yahoo's corporate "personal injury" insurance policy covers privacy claims based solely on the right to seclusion—to be left alone—where no private information is disclosed.   There currently is a conflict in decisions in the California intermediary appellate courts and the outcome of this decision could have far reaching implications for insurance coverage for privacy matters in California.   Will Um argued the case.  Link   California Court of Appeal Affirms Granting of Anti-SLAPP Motions
January 2019 - The California Court of Appeal affirmed a trial court's decision to grant anti-SLAPP motions brought by the Los Angeles Times in a defamation suit brought by Theodore Rall III, a former political cartoonist and blogger for The Times.  Jassy Vick Carolan LLP filed an amici curiae brief for the California News Publishers Association and the First Amendment Coalition supporting The Times.  The Court's opinion can be found here.   Jassy Vick Carolan Prevails for Publisher in Ninth Circuit Appeal
January 2019 - The Ninth Circuit Court of Appeals affirmed a district court’s dismissal order under FRCP Rule 12(b)(6) in favor of Providence Publications in a published decision analyzing the publication’s use of an insurance company’s trademarks in connection with an educational seminar about the company’s insurance program.  Applying the three-part nominative fair use test established in New Kids on the Block, the Ninth Circuit held that the publisher’s use of the marks in describing the seminar was necessary to convey that it was specifically about plaintiff’s insurance program, the publisher used no more of the marks than was reasonably necessary, and any sponsorship by the insurance company was negated by language indicating that the purpose of the seminar was to critique plaintiff’s insurance program.  Duffy Carolan argued the case.  Link