Jenner & Block

Jenner & Block’s Appellate Practice Recognized by The National Law Journal for Fifth Consecutive Year

Jenner & Block has been named to The National Law Journal’s “Appellate Hot List” for the fifth consecutive year, recognized again as among the elite law firms that are “doing killer appellate work before the Supreme Court, federal circuit courts of appeal and state courts of last resort."  To be chosen for the list, the firm had to achieve “at least one significant appellate win between May 2012 and May 2013” and possess an “impressive track record overall.”

In its annual list, the NLJ noted that the Appellate and Supreme Court Practice’s representation of copyright owners has become “a white-hot area for the firm’s renowned appeals practice during the past year.”  The publication highlighted a number of the firm’s recent precedent-setting victories on behalf of media and entertainment companies, citing:

  • The firm’s win in Columbia Pictures v. Fung (IsoHunt), where Paul M. Smith, chair of the Appellate and Supreme Court Practice, and Steven B. Fabrizio, co-chair of the firm’s Content, Media and Entertainment Practice, won an important victory for content owners and creators.  The Ninth Circuit Court of Appeals found that IsoHunt, by running websites that linked to BitTorrent files, induced infringement of copyrights held by our clients, including Columbia Pictures Industries, Inc.; Disney Enterprises, Inc.; Paramount Pictures Corporation and Twentieth Century Fox Film Corporation.  The Court also rejected Gary Fung’s argument that he was protected by some of the Digital Millennium Copyright Act’s “safe harbor” provisions.
  • The firm’s win in UMG Recordings Inc. v. Escape Media Group Inc., where a team of Jenner & Block lawyers, led by Partner Andrew H. Bart, won an appeal from the Appellate Division of the New York State Supreme Court dismissing the affirmative defense asserted by Escape Media Group, Inc. that the Digital Millennium Copyright Act bars UMG’s claims of common law copyright infringement.
  • The firm’s representation of a consortium of broadcast television companies (including Fox Television Stations, PBS, WPIX, Univision Television Group and WNET) in an action against a company, Aereo, Inc., that captures over-the-air television programming and retransmits that programming over the internet without the authority of the copyright owners.  TheNLJ noted that the pending case “is widely expected to set a precedent that could shape the future for the broadcast media.”

The article also highlights other important cases that Paul has led.  For example, in January 2012, he secured a victory for his clients when the U.S. Supreme Court vacated the Texas District Court’s interim redistricting electoral plan in Perry v. Perez.  The NLJ also notes that Paul was instrumental in securing the first appellate court ruling to strike down the Defense of Marriage Act (DOMA).  The U.S. Court of Appeals for the First Circuit ruled in Gill v. Office of Personnel Management that Section 3 of the DOMA, which defines the term “marriage” as being between a man and a woman when the term is used in all federal statutes, is unconstitutional.  Now, the matter is one of several challenges to the DOMA pending in the U.S. Supreme Court.

The firm’s Appellate and Supreme Court Practice also includes Partners Jessica Ring Amunson, Marc A. Goldman, Lindsay C. Harrison, Matthew H. Hellman, Barry Levenstam  and Joshua M. Segal; Associates Ishan K. Bhabha, Irina Y. Dmitrieva, Daniel T. Fenske, Matthew S. McKenzie, Matthew E. Price, Bharat Ramamurti and Adam G. Unikowsky; and Of Counsel Benjamin K. Miller.