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Trump's Least Favorite Firm

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Trump's Least Favorite Firm March 27, 2019 Nabiha Syed, vp and associate general counsel at BuzzFeed. “Some believed it TRUMP’S LEAST was a big mistake to publish. It was a scary thing to choose counsel, to place trust with a bet-the-company case.” DWT’s Katherine Bolger and Nathan FAVORITE FIRM Siegel took charge of defeating the suit. From the Steele dossier to defending ‘Fake News CNN,’ Davis Wright Tremaine “Our course was set by what [BuzzFeed is fighting on the front line of the president’s media war BY ERIQ GARDNER News editor] Ben [Smith] said, that this was an intentional act to inform the public,” says Bolger. “It was a defense that nemy of the people!” goes the Take the defamation suit from Russian ultimately won, and it was a case heavily rallying cry from the leader tech entrepreneur Aleksej Gubarev over influenced by what was in the news.” of the supposedly free world. BuzzFeed News’ January 2017 publication Bolger describes litigating such a President Trump hasn’t yet of the full “Trump Dossier,” the report high-profile case as “trippy, that’s a legal lived up to his campaign about Russia-Trump ties prepared by for- term,” and, with a nod to the political Epledge to make it easier to sue the media, mer British spy Christopher Steele. dialogue around the Trump Dossier, adds but emboldened by his war on “fake “There were lot of firms pitching us, that she couldn’t avoid thoughts about the news,” some of Trump’s followers are and many had strong thoughts,” says consequences. “Every day we were buffeted trying anyway. When these individuals get to the courtroom, they often find one particular law firm on the other side. Davis Wright Tremaine is hardly uni- versally known, but as media finds itself increasingly under attack in the Trump age, this firm has become its best line of defense. Its fingerprints are present across the media spectrum. Jokes told by late-night comedians? Often vetted by its lawyers. #MeToo stories published over the past 18 months? Quite frequently, a DWT attorney responds to threatening letters from the alleged perpetrators. And in court, the firm is tackling huge First Amendment cases, representing the likes of CNN, The New York Times and The Washington Post in everything from defending defamation claims to securing access to critical documents and regain- ing access after being exiled from the White House. Simply put: This Seattle- based firm has outsize influence on media at a particularly critical moment. (DWT counsels THR too.) Illustration by Taylor Callery by what is in the news, and holy cow if threatening letters to The Art of the Deal favoring the media. PayPal co-founder we lose the case,” she says. “It was really co-author Tony Schwartz, Fire and Fury Peter Thiel’s secret funding of Hulk exhilarating.” Soon, pending an appeal author (and THR contributor) Michael Hogan’s suit against Gawker may be the over what should remain sealed, the public Wolff, and Apprentice star and ex-White showcase example, but there are other could learn more about the firm’s work House staffer Omarosa Manigault coordinated efforts to do things like bol- in the case, as BuzzFeed’s attorneys also Newman. Each time, DWT’s Elizabeth ster privacy laws and influence whom the investigated the “truth” of the Trump McNamara responded in kind with courts consider public figures. Dossier by taking depositions of Steele and retorts that essentially quashed potential “There is definitely a more sophis- others. arbitration. ticated and substantial plaintiff’s bar In the Trump era, DWT lawyers are often Then there’s the lawsuit from literary than there used to be,” says DWT’s Laura popping up in fights for the free flow of group PEN America. After seeing the Handman, who successfully defended a information. For example, Rachel Strom, Trump administration strip CNN reporter recent defamation lawsuit brought by a one of the firm’s youngest partners, had Jim Acosta of his press credentials, Trump activist whose “OK” hand gesture just watched Bolger argue in a New York threaten Washington Post owner Jeff Bezos at the White House was interpreted by one federal courthouse last April when she with higher postage rates for Amazon and writer as a sign of white supremacy. got a text about something significant suggest that NBC’s broadcast license be Indeed, attorneys like Charles Harder, happening a few doors down. The offices of revoked, PEN is seeking judicial interven- Thomas Clare and L. Lin Wood are picking Trump attorney Michael Cohen had been tion to stop further retaliation against up business from sensitivities related raided by the FBI, and Cohen was appear- free speech. to the online consumption of news, the ing at the courthouse to stop prosecutors political atmosphere and trends like from looking at material he said was the #MeToo movement. While those on protected by attorney-client privilege. “I the offense face a century of precedent ran over,” says Strom. “That moment, I was “When it comes tipping to unfettered expression, they representing ABC, but as the day went on, have scored successes both obvious and I started representing other media clients subtle. Everyone knows about the trial that too.” to DWT attorneys, drove Gawker into bankruptcy. But Wood’s At the beginning of that proceeding, ongoing defamation suit against CNN on U.S. District Court Judge Kimba Wood the Trump era has behalf of a hospital executive is arguably expressed an inclination to hold the more consequential: It portends fewer hearing behind closed doors. It was Strom, meant business.” early exits for media companies hauled without any invitation, who stood up from into federal court. the benches in the public gallery to argue DWT attorneys worry about the ero- that there was a First Amendment right to sion of SLAPP analysis — state laws aimed access the courtroom and that the “cat was “The First Amendment hasn’t changed, at curtailing frivolous First Amendment out of the bag” with respect to the Cohen but the way that information is transmit- cases — and the prospect, in Sager’s raid. Not only did she sway the judge, but ted has changed dramatically,” says Kelli words, that “juries will treat everything as as the hearing turned to questions about Sager, a veteran L.A.-based partner. “The fake news.” what would be publicly filed — including breadth of clients — now it’s not just a few And then there’s Trump, who undoubt- whether the names of Cohen’s clients major media companies but everyone on edly has incited at least some hatred would be released — Strom persuaded the internet and Netflix and Amazon.” toward the press but is not quite the for- the judge to defer to a presumption of Because of the far-reaching, hardly-ev- midable foe some think. Yes, he routinely openness. It eventually resulted in Cohen’s er-erased nature of information published threatened to sue as a real estate mogul, admission that he had advised Fox News online, the business of reputation man- promised on the campaign trail to reshape host Sean Hannity. agement has recently exploded. The stakes libel law and now whips his followers When it comes to DWT attorneys, the are much greater than they were in the into a frenzy any time he mentions “fake Trump era has meant business. The past, when something appeared in a local news.” But he also lacks impulse control group has been in court to find out about newspaper and one would have to do heavy and says the nastiest things on Twitter. Trump’s gun permit, to unseal documents research to find it. A story about sexual The latter version of Trump is especially about the operations of Trump University misconduct allegations, for instance, now of interest to a law firm doing more than and to fight when the U.S. attorney general can have career-ending consequences, anyone to help the media navigate these attempted to subpoena a radio reporter. even if later debunked. Plus, amid increas- dangerous times. Not every matter made it to a public ing economic inequality, some wealthy As Strom puts it, “Donald Trump has courtroom, though. At various points over individuals are determined to counter created some great defamation prece- the past three years, Trump’s team sent what they see as a legal environment dent.” Posted with permission from the March 27, 2019 issue of The Hollywood Reporter ® Copyright 2019. Prometheus Global Media Inc. All rights reserved. For more information on the use of this content, contact Wright’s Media at 877-652-5295 2103146.
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