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The American Lawyer named Jenner & Block Partner Paul M. Smith as "Litigator of the Week" in recognition of the firm’s significant victory for Fox Broadcasting Company in its battle with online television streaming service FilmOn X LLC.
In its article, The American Lawyer points out that FilmOn “poses a serious threat to the major networks.” However, the networks, with counsel from the lawyers at Jenner & Block and Arnold & Porter, “are using litigation to even the score.”
On September 5, 2013, U.S. District Judge Rosemary Collyer in Washington, D.C., issued a preliminary injunction in favor of Fox and other networks against FilmOn, prohibiting it from retransmitting the broadcasters’ copyrighted programs over the Internet. The injunction applies nationwide except within the boundaries of the Second Circuit, which has previously ruled against the networks in a similar case. The American Lawyer notes that “thanks to [Paul] Smith and [Robert Alan] Garrett, the networks have bounced back quickly from their loss in New York. While they haven’t prevailed against Aereo, they’re 2-0 against FilmOn.”
The article also highlights that Judge Collyer, in concluding that FilmOn violated Fox’s exclusive right under the federal Copyright Act to “perform the copyrighted work publicly,” relied “on the papers” and that the “winning brief was put together by [Paul] Smith, [Robert Alan] Garrett, [Richard] Stone, [Julie] Shepard, [John] Ulin and [James] Blackburn, among others.”
Paul told The American Lawyer, “We've won in every jurisdiction that doesn't have to follow the Second Circuit's decision in Cablevision. We think our position is very strong and also very simple, and we're hopeful that our position will prevail.”
In addition to Paul, the firm’s team on this matter was led by Partners Richard L. Stone, Julie A. Shepard and Amy M. Gallegos and includes Partners Kenneth D. Klein and David R. Singer and Associates Ethan A. Glickstein, Christopher S. Lindsay and Jennifer L. Wagman. Partner Steven B. Fabrizio is also providing support.