Michael Kovaka 2255 E
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MICHAEL KOVAKA 2255 E. Evans Ave., Office 365L, Denver, CO 80208 [email protected] Office: 303-871-6177 Professional Experience UNIVERSITY OF DENVER, STURM COLLEGE OF LAW 2016-Present Visiting Assistant Professor and Assistant Director, Legal Externship Program, a nationally- recognized program that prepares students to transition effectively from law studies to the practice of law in a professional environment. Lead seminars focused on topics relating to the practice of law in private firms, including professional development, ethics, advocacy, practice management, and client relationships. Monitor individual externships, liaise with attorney supervisors, and mentor student externs working in private law practices. Support Legal Externship Program in enhancing current programs and developing new opportunities in experiential learning. COOLEY, LLP, Washington, DC 2014-2015 Special Counsel specializing in media counseling, media defense, and access to information. Areas of special expertise: freedom of speech; freedom of the press; prepublication counseling on newsgathering and content issues; online media, protection of news sources; right of public access to government records, meetings, and proceedings; libel defense; invasion of privacy; right of publicity; newsroom subpoenas. Served as General Counsel for the Online News Association, the world’s largest association of digital journalists. Defended U.S. and international defamation actions against The Center for Public Integrity. Brought successful FOIA action on behalf of leading animal welfare organization against USDA. Advised clients in all media on a wide variety of prepublication issues. PUBLIC INTERNATIONAL LAW AND POLICY GROUP, Washington, DC 2010-2014 Senior Counsel and Senior Peace Fellow serving on Kosovo, South Sudan, Libya, and Darfur projects. Served as Director of South Sudan Constitutional Development Project, designed to provide support to the National Constitutional Review Commission and other South Sudanese entities in the process of drafting a permanent constitution. Provided support to Southern Sudanese authorities in preparing for 2011 Referendum on Independence. Served as Director of Kosovo Rule of Law Project. Headed local Kosovo office charged with implementing State Department-funded demand for justice project working with local partners to promote legal reform and citizen participation in the Kosovo justice system. Designed and implemented the first major Kosovo strategic litigation initiative aimed at promoting accountability by Kosovo justice system officials and institutions. Brought successful actions against the Kosovo Judicial Council, Office of the Prime Minister, Kosovo Police, and Kosovo Prosecutorial Council. Created and oversaw the Justice and the People Campaign -- a national citizens' advocacy campaign successfully fighting for justice-system policy reform. Worked with local NGO partner to provide free legal aid clinics in seven municipalities across Kosovo. DOW, LOHNES, PLLC, Washington, DC & Atlanta, GA 1990-2009 Partner specializing in media litigation, appeals, and commercial litigation. Defended civil actions involving a wide range of claims in state and federal courts throughout the United States. Prosecuted and defended numerous appeals in state and federal courts throughout the United States. Represented journalists, broadcasters, and publishers across the nation at every stage in the process of gathering and disseminating news, information, and commentary. Counseled clients in all media on newsgathering issues, including: protecting confidential sources; surreptitious recording; access to public records and meetings; responding to, and defending against, newsroom subpoenas; undercover reporting; and opposing closure of court proceedings. Prepublication review of news reports with reporters and editors in all media to reduce exposure for libel, invasion of privacy, and related torts. Representative cases: Defense of Michael Bloomberg and other New York City officials in suit by gun dealer caught in NYC sting operation; prosecution of FOIA action against DOJ challenging agency’s refusal to disclose identities of undeported illegal alien criminals; defense of libel suit against The Atlanta Journal and Constitution by former Olympic Park bombing suspect, Richard Jewell; prosecution of mandamus proceedings on behalf of Phil Donahue and North Carolina death-row inmate seeking right to record video of the condemned prisoner’s execution; defense of libel suit against former Los Angeles Police Chief Daryl Gates based on criticism of police response to rioting in the wake of the Rodney King trial. Representative clients: Animal Welfare Institute; Austin American Statesman; BET; Cox Enterprises Washington News Bureau; Cox Communications; KFI-AM (Los Angeles); KIRO- TV (Seattle); National Institute for Media and the Family; Nextel; Online News Association; Palm Beach Post; Site59.com; St. Martin’s Press; Sprint; Telemundo; The Atlanta Journal- Constitution; The Campaign for Tobacco-Free Kids; The City of New York; WFTV (Orlando); WIOD-FM (Miami); WLWT-TV (Cincinnati); WPXI-TV (Pittsburgh); Worth Magazine. Education STANFORD LAW SCHOOL Juris Doctor Honors: Lawson Driscoll Moot Court Award STATE UNIVERSITY OF NEW YORK AT STONY BROOK Bachelor of Arts in Theater (cum laude) Honors: Stony Brook Foundation Award Selected Publications • “Public Figures and the Internet: Applying Traditional Rules in the New Media World,” Media Law Resource Center Bulletin (Fall 2009) • “Survey of Georgia Privacy and Related Claims Against the Media,” MLRC 50-State Survey — Media Privacy and Related Law (2006-2010 editions) • “Survey of District of Columbia Privacy and Related Claims Against the Media,” LDRC- 50 State Survey — Media Privacy and Related Law (1996-2002, 2014 editions) • “Pro Sports Leagues, Media Jostle Over Game Coverage,” The Wall Street Journal Online, June 29, 2001 • “Cyberspace Liability,” Libel & Newsgathering Litigation, published by Practicing Law Institute (1998) • “A Basic Guide to Case Law on Personal Jurisdiction in Cyberspace,” Media Defense in the 21st Century, published by the Newspaper Association of America, National Association of Broadcasters, and Libel Defense Resource Center (1997) • “Corrections in Cyberspace,” New Media, New Torts, New Threats: Libel Defense in the Next Century, published by the Newspaper Association of America, National Association of Broadcasters, and Libel Defense Resource Center (1995) • “Invasion of Privacy,” Broadcasters’ Law and Regulation Conference Papers 1992, published by the National Association of Broadcasters (1992) • Weekly column on defamation, privacy, newsgathering, access and other media issues for in-house publication of major U.S. newspaper chain (1992-97) Selected Professional Activities • Presenter, “Principles and Best Practices in Strategic Litigation” Kosovo Chamber of Advocates, Gjilan, Kosovo (2015) • Organizer/Presenter, “Law School for Digital Journalists” Online News Association National Conference Chicago (2014) • Presenter, “Community Grassroots Policy Advocacy” Syrian CSO Training, Gaziantep, Turkey (2013) • Presenter, “Strategic Litigation and Justice System Reform” Justice and the People Campaign, Pristina, Kosovo (2013) • Presenter, “Strategic Litigation as a Tool for Constitutional Reform” CSO Training Sarajevo, Bosnia-Herzogovina (2012) • Organizer, Georgia and the Second Amendment Conference (2008) • Georgia Bar Media & Judiciary Conference (2006-2009) • NAA/NAB/MLRC Media Law Conference (1994-2015) • Newsroom Seminars, presented seminars on libel and newsgathering issues for journalists throughout the country (1995-2015) • Founding Member, Cyberspace Committee, Libel Defense Resource Center 1995-2004 (Chairman 1995-1997) Court and Bar Admissions • United States Supreme Court • United States Court of Appeals, D.C. Circuit • United States Court of Appeals, Fourth Circuit • United States Court of Appeals, Eleventh Circuit • United States District Court, District of Columbia • United States District Court, N.D. Georgia • Washington Supreme Court • District of Columbia Court of Appeals • District of Columbia Bar • Georgia Bar .