The firm’s practice is focused on three areas. (i) Media Law. Our media law clients include newspapers, television stations, and other publishers across the country. We provide pre-broadcast and pre-publication review of stories, facilitate access to public records and meetings, defend defamation and privacy lawsuits, and otherwise protect free speech and First Amendment rights. (ii) Intellectual Property. We register trademarks and copyrights, manage trademark portfolios, oversee intellectual property licensing, litigate trademark, copyright, and domain disputes, negotiate sponsorship and co-branding agreements, provide advertising compliance advice, and create rules for and register contests and sweepstakes. (iii) Business Litigation. The firm litigates and arbitrates a wide range of business-related claims, including unfair trade practices, breach of contract, antitrust, non-competition agreements, dealership disputes, fraud, and civil theft. The firm also defends class action disputes.
Thomas & LoCicero provides the following transactional services, among others:
Provide pre-publication and pre-broadcast review of news stories and other content to avoid defamation, invasion of privacy, and similar claims.
Facilitate access to public records and government meetings, and litigate public records, open meetings, and FOIA cases.
Conduct trademark reviews and register trademarks; manage substantial trademark portfolios, license trademarks, and litigate trademark and domain name disputes.
Register and license copyrights, and prosecute and defend copyright infringement claims.
Create promotional contest and sweepstakes rules, and draft affidavits of eligibility, liability releases, publicity releases, and related documents.
Create and assess click-through agreements, analyze children’s advertising issues, navigate social networking issues, provide counseling on FTC blogger guidelines, create mobile marketing agreements, and provide website reviews and recommendations.
Manage and conduct internal corporate investigations.
Thomas & LoCicero litigates a wide range of matters, including commercial disputes, IP cases, and defamation/invasion of privacy actions at the trial and appellate levels. Representative cases include:
Butteworth v. Smith, 494 U.S. 624 (1990). Obtained ruling from the U.S. Supreme Court that law prohibiting a reporter from disclosing the content of his own grand jury testimony violated the First Amendment.
Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Convinced appellate court to reverse cybersquatting verdict and hold that plaintiff failed to establish trademark rights.
Bainter v. League of Women Voters of Florida, 150 So. 3d 1115 (Fla. 2014). Represented a consortium of media companies supporting public access to records of a political consulting firm involved in redistricting efforts.
NCAA v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). On behalf of 23 leading media entities, obtained access to NCAA records Florida State University lawyers had reviewed in the course of contesting NCAA sanctions imposed on the school.
Salvani v. ADVFN PLC, 50 F. Supp. 3d 459 (S.D.N.Y. 2014). Obtained dismissal of claims under the Securities Exchange Act against a website publisher.
Medytox Solutions, Inc. v. InvestorsHub.com, Inc., 152 So. 3d 727 (Fla. 4th DCA 2014). Established that Communications Decency Act bars injunction against online speech.
Gawker Media, LLC v. Bollea, 129 So. 3d 1196 (Fla. 2d DCA 2014). Reversed temporary injunction prohibiting media from publishing explicit video of professional wrestler Hulk Hogan.
InvestorsHub.com, Inc. v. Mina Mar Group, Inc., 2011 WL 12506239 (N.D. Fla. June 20, 2011). Won order declaring foreign defamation judgment unenforceable in U.S. pursuant to federal SPEECH Act.
News-Press v. U.S. Dep’t of Homeland Security, 489 F.3d 1173 (11th Cir. 2007). In the aftermath of a devastating hurricane season, litigated and won access to the addresses of disaster claimants from FEMA.
Xerox Corp. v. Smartech Document Management, Inc., 979 So. 2d 957 (Fla. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
Tyne v. Time-Warner Entertainment, Co., 901 So.2d 802 (Fla. 2005). On behalf of producers of the movie The Perfect Storm, established right to portray real individuals in movie without needing their approval or paying compensation.
Florida Georgia New York Pennsylvania
U.S. Court of Appeals for the District of Columbia U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Second Circuit U.S. District Court, Eastern District of NewYork U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida U.S. District Court, Southern District of Florida U.S. District Court, Southern District of NewYork