Matthew Leish
Partner
About Matthew Leish
Matthew Leish has represented media companies, journalists, and authors for over 20 years, handling a wide range of First Amendment and intellectual property-related litigation. Prior to joining MKSR, Matthew was Assistant General Counsel at Tribune Publishing Company, where he was the sole newsroom lawyer and primary litigator for the company’s digital and print publications in the Northeast, including the New York Daily News. He regularly defended Tribune and the Daily News against defamation and copyright suits, quashed subpoenas served on reporters, fought for access to court proceedings and documents, litigated public records disputes, vetted articles, and advised editors, reporters, and senior business executives on a host of matters ranging from photo use questions to trademark disputes. Previously, in private practice, he represented publishers, authors, journalists, and broadcasters in a variety of defamation, copyright, access, and subpoena cases.
Matthew speaks and writes frequently on media law and First Amendment issues and teaches media law to journalism students as an Adjunct Professor at the CUNY Graduate School of Journalism. He is a member of the New York City Bar Association’s Communications Law Committee and the New York State Bar Association’s Media Law Committee, and is a past co-chair of the Media Law Resource Center’s Internet Law Committee.
Matthew received his J.D. from Columbia Law School, where he was a Harlan Fiske Stone scholar, and his B.A. with honors from the University of Chicago. He is admitted to practice in New York; Florida (inactive); the Southern, Eastern, and Western Districts of New York; the Middle District of Florida; and the Second, Third, Ninth, and Eleventh Circuit Courts of Appeal.
REPRESENTATIVE CASES
Defamation and related claims
Behar v. Daily News et al.: Obtained dismissal of a defamation claim brought by an unsuccessful New York City Council candidate who was the subject of several Daily News articles concerning his controversial social media posts. The court granted the News’ motion to dismiss on the grounds that most of the statements were substantially true or nonactionable opinion, and that the plaintiff had failed to adequately plead actual malice as to one inaccurate statement. The court also awarded the Daily News its attorneys’ fees under the New York anti-SLAPP statute. 2023 WL 3075277 (Sup. Ct. N.Y. Co. April 24, 2023).
Golan v. Daily News et al.: Obtained dismissal of a defamation claim brought by a real estate investor who was alleged in various legal proceedings to have defrauded or otherwise taken advantage of homeowners by purchasing their homes for far below market value. The court granted the motion to dismiss on fair report, substantial truth, and other grounds, and awarded anti-SLAPP attorneys’ fees. The First Department affirmed the dismissal and the fee award. 175 N.Y.S.3d 871 (Sup. Ct. N.Y. Co. 2022), aff’d, 214 A.D.3d 558 (N.Y. App. Div. 1st Dep’t 2023).
Baines v. Daily News et al.: Successfully defended the Daily News and various reporters and editors against a defamation claim brought by a convicted sex trafficker and rapist over an article reporting claims by an additional alleged victim. The court granted summary judgment after finding that the Daily News did not act in a grossly irresponsible manner. 76 Misc.3d 1210(A) (Table) (Sup. Ct. N.Y. Co. August 19, 2022)
Yeiser v. Daily News et al.: Obtained dismissal of a defamation case against the Daily News brought by a church deacon over an article that reported on allegations made against him in two adversary proceedings in federal bankruptcy court. Following a hearing on the Daily News’ motion to dismiss, the court ruled from the bench and dismissed the claim on fair report grounds. No. 152632/2020 (Sup. Ct. N.Y. Co. November 24, 2021)
Lee v. TMZ et al: Successfully defended the Daily News and several reporters against a defamation claim brought by a woman who had been incorrectly identified by the New York Attorney General at a press conference as being part of a drug and prostitution ring. The court granted the Daily News’ motion to dismiss on fair report grounds under New Jersey law. 2015 WL 5638081 (D.N.J. Sept. 24, 2015), aff’d, 710 Fed.Appx. 551 (3d Cir. 2017)
Zappin v. Daily News: Successfully defended the Daily News against a defamation claim arising from an article reporting on an attorney’s alleged misconduct during his own divorce proceedings. The court granted the Daily News’ motion to dismiss on fair report grounds, holding that the fair report privilege fully applied to divorce proceedings conducted in open court notwithstanding an earlier New York Court of Appeals decision holding that the privilege did not apply to reports of sealed matrimonial records. 2017 WL 3425765 (S.D.N.Y. August 9, 2017)
Akassy v. Daily News: Obtained dismissal of a defamation claim by a convicted rapist on fair report, substantial truth, and opinion grounds. 2017 WL 325259 (S.D.N.Y. January 23, 2017), reconsideration denied, 2017 WL 11464985 (S.D.N.Y. June 7, 2017)
Tacopina v. O’Keeffe: Successfully defended the Daily News and its reporter against a defamation claim brought by celebrity attorney Joe Tacopina. The court held that the Daily News’ articles were substantially accurate and therefore protected by the fair report privilege even though the articles misattributed the source of certain allegations against Tacopina and misstated the scope of an order directing Tacopina to show cause why he should not be restrained from dissipating assets. 2015 WL 5178405 (S.D.N.Y. Sept. 4, 2015), aff’d, 645 Fed.Appx. 7 (2d Cir. 2016)
Borzellieri v. Daily News: Obtained dismissal of a defamation case against the Daily News brought by a former principal who was fired after the Daily News reported that he had a history of “racist writings” and had ties to “a white supremacist group.” The court held that the challenged statements were protected opinion based on disclosed facts and that the plaintiff had failed to plead sufficient factual allegations to show actual malice. 975 N.Y.S.2d 365 (Sup. Ct. Queens Co. 2013), aff’d sub nom. Silverman v. Daily News, 29 A.D.3d 1054 (N.Y. App. Div. 2d Dep’t 2015)
Doheny v. Daily News et al.: Successfully argued for dismissal of a lawsuit asserting claims for defamation, invasion of privacy, and infliction of emotional distress based on an article and related Tweets that reported on plaintiff’s arrest for Medicaid fraud and allegedly falsely painted her as a stripper. The court held that the article was protected by the fair report privilege and that, in addition, the statements in suit were substantially true and/or not susceptible to a defamatory meaning, and further held that the Tweets, which linked to the article, were akin to short, attention-grabbing headlines and were a non-actionable fair index of the article. No. 14701/13 (Sup. Ct. Kings Co. July 8, 2014)
Philips v New York Daily News et al.: Obtained dismissal of emotional distress and prima facie tort claims brought by a woman who claimed she was misquoted in an article about the death of a neighbor’s child and that a street gang with which the father of the child was affiliated began to harass her as a result. The court held that the complaint failed to allege “extreme and outrageous conduct” or “disinterested malevolence” sufficient to support the claims. 111 A.D.3d 420 (N.Y. App. Div., 1st Dep’t 2013)
Russian American Foundation, Inc. v. Daily News: Successfully defended the Daily News and various editors and reporters against a defamation claim brought by a non-profit foundation mentioned in an article about a politician convicted of accepting bribes. The court found the challenged statements were either privileged or were not of-and-concerning plaintiff. 109 A.D.3d 410 (N.Y. App. Div., 1st Dep’t 2013)
Kamalian v. Reader’s Digest Association: Represented Reader’s Digest in a defamation case brought by a doctor who was one of the subjects of an article titled “Doctors’ Deadly Mistakes.” The court granted Reader’s Digest’s motion to dismiss, finding that the challenged statements were either pure opinion or were substantially true, and that the headline was a fair index of the article as a whole even though the plaintiff had never personally committed a deadly mistake. 29 A.D.3d 527 (N.Y. App. Div., 2d Dep’t 2006)
Flowers v. Carville: Defended George Stephanopoulos and his book publisher against a defamation claim by Gennifer Flowers over statements made in Stephanopoulos’ memoir of the 1992 presidential campaign. The court granted summary judgment based on lack of actual malice. 310 F.Supp.2d 1157 (D.Nev. 2004), aff’d, 161 Fed.Appx. 697 (9th Cir. 2006)
McGee v. Simon & Schuster: Defended author and publisher of the book “Blind Eye: How the Medical Establishment Let a Doctor Get Away With Murder” against a defamation and emotional distress claim brought by the family of one of the victims of serial killer Michael Swango. The court granted defendants’ motion to dismiss, finding that plaintiffs had failed to plead facts sufficient to show common law or actual malice under Ohio law and failed to plead special damages. 154 F.Supp.2d 1308 (S.D.Ohio 2001).
Access matters
Travis v. Spitzer: Obtained order unsealing amended complaint and other documents in civil case brought against former New York Governor Eliot Spitzer. No. 101124/2020 (Sup. Ct. N.Y. Co. October 5, 2021)
United States v. Reyes: Obtained order partially unsealing transcripts and documents related to the plea agreement and sentencing of the man who was Jeffrey Epstein’s last cellmate prior to Epstein’s suicide. No. 1:18-cr-454 (S.D.N.Y. 2021)
United States v. Skelos: Obtained order unsealing documents related to a request by former State Senate Majority Leader Dean Skelos to modify his sentence. No. 1:15-cr-00317 (S.D.N.Y. 2020)
People v. Rackover: Successfully moved to unseal the bulk of a suppression hearing transcript and resulting decision in a high-profile murder case No. 1616/2017 (Sup. Ct. N.Y. Co. 2018)
Busson v. Thurman: Successfully opposed motion to close courtroom during portions of Uma Thurman’s divorce/custody trial. No. 3500742/2014 (Sup. Ct. N.Y. Co. 2017)
Ciccone v. Ritchie: Successfully opposed motion to close courtroom in Madonna’s child custody case and obtained permission for a pool photographer to attend proceedings. No. 102067/09 (Sup. Ct. N.Y. Co. 2016)
Public records
Daily News v. NYPD: Successfully represented the Daily News in a lawsuit alleging that the NYPD violated New York’s Freedom of Information Law by refusing to disclose the names and zip codes of gun permit holders. The court found that the NYPD had violated the statute, ordered disclosure of the requested information, and awarded the Daily News its attorneys’ fees based on both NYPD’s lack of any reasonable basis for denying access and its failure to meet its self-imposed deadline for responding to the FOIL request. No. 162153/2019 (Sup. Ct. N.Y. Co. 2020).
Citizens for Sunshine v. City of Venice et al.: Successfully represented plaintiffs in litigation alleging violations of Florida’s Government in the Sunshine and Public Records laws by City of Venice officials. After extensive litigation, the City agreed to a settlement that imposed broad remedial measures, including prohibiting city officials from using private email accounts for official business. The court subsequently awarded attorneys’ fees of over $750,000, which at the time was the largest fee award ever granted in a Florida open records case. Case No. 2008 CA 8108 SC (Fla. Circuit Court, Sarasota Cty. 2009)
Subpoenas
People v. Smalls: Obtained an order quashing a subpoena duces tecum served on the Daily News by an accused subway groper. No. 2016NY015304 (Crim. Ct., N.Y. Co. 2016)
People v. Pride: Obtained an order quashing a subpoena served by the prosecution on a Daily News reporter who had interviewed the defendant charged with the murder of police officer Peter Figoski. Indict. No. 10529/2011 (Sup. Ct. Kings Co. 2013)
Baez v. Jet Blue: Persuaded the court to quash a subpoena served on a Daily News reporter as unduly burdensome even though the reporter had arguably waived the reporter’s privilege by disclosing certain information. 2012 WL 5471229 (E.D.N.Y. Nov. 9, 2012)
People v. Irving: Successfully moved to quash a subpoena duces tecum for confidential source materials sought by defendant in murder case. Indict. No. 1137/2011 (Sup. Ct. Kings Co. 2012)
E&J Gallo Winery v. Encana Energy Services, Inc.: Obtained an order quashing a subpoena served on non-party The McGraw-Hill Companies seeking documents and testimony concerning energy price indices published by McGraw-Hill division Platts. The court held that the research and publication of the price indices was newsgathering activity subject to the protections of the qualified reporter’s privilege, and that the privilege had not been overcome. 33 Med. L. Rptr. 1413 (S.D.N.Y. January 12, 2005)
Copyright and related claims
Stridiron v. Tribune Publishing Company: Represented Tribune Publishing Company in a copyright infringement case in which plaintiff (represented by Richard Liebowitz) alleged that the Allentown Morning Call published one of his photographs without permission. The case quickly settled after Tribune filed a motion seeking to force plaintiff to post a bond before proceeding with the case. No. 1:19-cv-03435 (S.D.N.Y.)
Beeload Ltd. v. BBC Worldwide Ltd.: Represented BBC Worldwide, the commercial arm of the BBC, in a protracted litigation brought by a former business partner over rights to rare recordings from the BBC rock and pop music archives. Following years of motion practice and extensive discovery conducted on both sides of the Atlantic, culminating in an eight day bench trial, the court ruled in BBC Worldwide’s favor, finding that the BBC acted in good faith and that the plaintiff had not actually contracted for the exclusive rights which it claimed to have obtained. No. 06-0208 (D. Me. Br. 2008).
Dupont v. NBC Universal, Inc.: Defended NBC Universal against a copyright claim involving NBC’s use in news programs of excerpts from plaintiff’s video showing the controversial burning of Taliban corpses by a United States Army unit in Afghanistan. The case settled after NBC filed a motion for judgment on the pleadings. No. 06-cv-5490 (S.D.N.Y.)
PUBLICATIONS AND SPEAKING ENGAGEMENTS
Panelist, “Extract the Facts: How to Dig Up Great Stories Using Freedom of Information Laws,” Deadline Club/NYU Journalism Department, New York, NY (May 10, 2023).
Panelist, “Access” panel, PLI Communications Law in the Digital Age conference (November 11, 2021).
Co-Chair, “Libel Developments” panel, Media Law Resource Center Media Law Conference (September 30, 2021).
Faculty, “Confidentiality and Public Access to Judicial Records and Proceedings,” Lawline online course (May 24, 2021).
Facilitator, “PrePublication/PreBroadcast” panel, Media Law Resource Center Communications Law Conference (September 30, 2020).
Program Faculty, New York Fair Trial/Free Press Conference, New York, NY (October 21, 2019).
Panelist, “Extract the Facts: FOIA Strategies, Tips and Media Action,” Deadline Club/CUNY Newmark Graduate School of Journalism, New York, NY (April 16, 2019).
Facilitator, “PrePublication/PreBroadcast” panel, Media Law Resource Center Communications Law Conference, Reston, VA (September 28, 2018).
Author, “Government Access to Text Messages and the Fourth Amendment,” in The Practically Pocket-Sized Guide to Internet Law, Media Law Resource Center, 2015.
Panelist, “Controlling Data, Forgetting Data: What U.S. Lawyers Need to Know About the Right to Be Forgotten,” Media Law Resource Center Forum, New York, NY (November 12, 2014).
Author, “A View From the Inside: Responding to Takedown Requests,” in MLRC MediaLaw Letter, October 2014.
Panelist, “Hot Issues in Libel and Privacy,” ABA Forum on Communications Law Annual
Conference, Dana Point, CA (February 8-9, 2013).
Speaker, “Bloggers, Social Media, and the First Amendment,” Florida First Amendment Foundation Sunshine Seminar, Orlando, FL (September 26, 2011).
Panelist, “Social Media: Your Invitation to the Party,” International Bar Association’s Second Conference of the Americas, Miami, FL (May 6, 2011).
Panelist, “Journalists’ Ethics: Is Objectivity Dead?” The Florida Bar Media Law Conference, Stetson Law School, Tampa, FL (April 15, 2011).
Panelist, “Reassessing Citizens United v. Federal Elections Commission,” Stetson Law Review Scholarship Luncheon, Stetson Law School, Gulfport, FL (April 5, 2011).
Speaker and Panelist, “Florida’s Sunshine Law,” Florida First Amendment Foundation Sunshine Litigation Seminar, Tampa, FL (September 25, 2010).
Speaker, “Free Speech and the Internet,” ACLU of Florida Forum at the University of South Florida, Tampa, FL (August 18, 2010).
Panelist, “New Frontiers in Ethics and the First Amendment on the Internet,” annual conference of the Entertainment Law Section of The Florida Bar (May 30, 2010).
Panelist, “Protecting Anonymous Posters,” at The Florida Bar Media Law Conference, Florida International University College of Law (March 26, 2010).
Co-author, “Actual Malice Practice Guide,” Media Law Resource Center, 2006.
Co-author, “In Defense of Public Trials,” in Litigation magazine, Summer 2003.
Co-author, “Responding to the Anonymous Cyber-Griper,” ACCA Docket, May 2002.
Co-author, “‘Cyberlibel’ and John Doe: The Emerging Standards For Protection Of Anonymous Internet Speech,” in ABA TIPS News, Winter 2001.
Co-author, “A Selective Survey of Current Issues Facing Book and Magazine Publishers,” in Internet Publishing, 601PLI/IP 9 (PLI, 2000).
Co-author, “The Mayor Versus the First Amendment: Will The Fight Last A Full Fifteen Rounds?” in Communications Lawyer, Summer 2000.