* +1(561) 293-2530
  + 
  + [SCOTT W.
     ATHERTON
  + [LAUREN S.
  + [JOSEPH G.
    GALARDI
  + [TERENCE M.
    MULLEN
  + [L. MARTIN
     REEDER, JR.
  + [JENNIFER
    COHEN
  + [BRITTANY A.
    TARAZONA
  + [PETER
    MASKOW
  + [TIMOTHY W.
    SHULTZ
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# MEDIA AND FIRST AMENDMENT lAW
We zealously protect the First Amendment rights of reporters, editors, publishers, media organizations, political speakers, authors, businesses and individuals. Examples of the kinds of cases and matters we handle for our clients in this area include:
* Defending libel and slander claims
* Defending claims for invasion of privacy
* Preserving and enforcing rights of access to public records and meetings
* Protecting and enforcing rights of access to court records and judicial proceedings
* Prepublication review of content to help clients say what they mean while reducing the likelihood of defamation or privacy claims
* Protecting journalists and their sources from subpoenas
##### REPRESENTATIVE EXPERIENCE IN MEDIA AND FIRST AMENDMENT CASES
Defeated punitive damages claim and obtained order granting final summary judgment resulting in complete victory on behalf of CNN and news correspondent Anderson Cooper in defamation litigation arising from CNN’s reporting on the high number of child deaths arising within the former infant cardiac surgery practice at St. Mary’s Hospital.
Won dismissal of invasion of privacy claim brought by woman who sued TV show “COPS” for airing video of her traffic stop which included showing the contents of her purse on national television.
Won dismissal of complaint against America Online brought on behalf of juvenile who alleged that AOL was liable for harm caused by a pedophile who used an AOL chat room.
Won dismissal of defamation claim brought by physician and Florida legislator against political group that published information about the plaintiff’s arrest.
Won dismissal of invasion of privacy claim brought on behalf of juvenile who sued TV show “COPS” for airing video of her threatening to kill herself in her home with a lawn dart.
Won federal court jury verdict for publisher of The Weekly World News against former employee who claimed he created and owned the rights to a fictional right wing columnist known as “Ed Anger.”
Won dismissal of lawsuit against estate of Dr. Atkins brought by plaintiff who claimed that eating the “world’~ largest pastrami sandwich” after reading a Dr. Atkins diet book caused his heart attack.
Won summary judgment upholding the right of filmmaker Byzantium Productions to use images of international tennis star Maria Sharapova to market a tennis documentary.
Won dismissal of defamation lawsuit brought against 527 group on the ground that such groups lack the legal capacity to sue or be sued.
Represented The Palm Beach Post and national media organizations in litigation which preserved public access to court proceedings and public records relating to the William Kennedy Smith rape trial and the drug overdose death of David Kennedy.
Won court order for Mobile Press Register obtaining public access to law enforcement investigative records relating to the disappearance and murder of Adam Walsh.
Won reversal of prior restraint imposed on The Palm Beach Post ordering it not to publish transcripts of telephone calls between a jailed police informant and his lawyer and family members.
Won appellate decision protecting news media’s right to shoot and publish still and video images identifying jurors in Florida courtrooms.
Won appellate decision establishing that news reporters may not be excluded from Florida courtrooms by attorneys who assert that the reporter is a witness and therefore must be excluded under the witness sequestration rule.
Won dismissal of defamation lawsuit brought by a Florida Department of Children and Families employee who was fired in connection with DCF’s failure to protect the life of Nubia Barahona.
Won dismissal of defamation lawsuit brought by West Palm Beach attorney against The Palm Beach Post, including winning an award of attorneys’ fees as sanctions under Florida Statute 57.105.
Defeated attempt by SCI Funeral Services to deny public access to deposition testimony and court records pertaining to lawsuit alleging desecration of human remains.
Won dismissal of defamation lawsuit brought by West Palm Beach police chief against newspaper which reported that he was “on the take” according to the testimony of a police informant with connections to organized crime.
Won dismissal of lawsuit brought against newspaper by seven school district employees who sued for defamation based on news reports detailing the facts and circumstances surrounding their firings.
Won dismissal of defamation lawsuit brought by city official against private citizen who published an online newsletter which the official claimed accused him of criminal conduct and of being “indicted.”
Contact us today
Scott W. Atherton, Managing Partner I scott@athertonlg.com
1641 Worthington Road – Suite 100 – West Palm Beach, Florida – 33409  – T: +1 (561) 293-2530 | F: +1 561 293 2593
All content © 2021 Atherton Galardi Mullen & Reeder PLLC. All rights reserved.
# TRADEMARK AND COPYRIGHT LITIGATION
We protect and enforce the rights of trademark and copyright owners, and defend those who are wrongly accused of violating such rights. When efforts to resolve these disputes on reasonable business terms fail or immediate action must be taken, we have to experience litigating temporary restraining orders, preliminary injunctions, summary judgments, and trials in complex trademark and copyright cases. We also have substantial experience prosecuting and defending Lanham Act unfair competition and false advertising cases in federal courts in Florida and across the country.
##### REPRESENTATIVE TRADEMARK AND COPYRIGHT EXPERIENCE
Lead counsel for key inventor defendants in multidistrict litigation involving patent and trademark infringement claims arising from the multi-state sale of medical rehabilitation devices which sought damages of approximately $20,000,000.
Won jury verdict for The Weekly World News defeating $6 million dollar trademark infringement claim brought by the creator of fictional right wing columnist “Ed Anger.” The court invalidated plaintiff’s federal trademark registration and upheld the newspaper’s copyright in the Ed Anger character.
Prosecuted Lanham Act unfair competition and false adverting claims in the Northern District of Texas for publicly traded home security monitoring company against one of its competitors for allegedly engaging in deceptive door-to-door sales practices affecting at least 150 consumers across the country.
Won summary judgment for filmmaker Byzantium Productions against international tennis star Maria Sharapova in trademark infringement case establishing Byzantium’s right to use images of Sharapova to market its tennis documentary.
Won injunction for Morgan Stanley in Internet domain name litigation against person who registered Morgan Stanley’s domain name and transferred its customers to a damaging web site.
Defended national wholesaler client against Lanham Act trademark infringement and unfair competition claims asserted by its largest competitor in the Western District of Oklahoma, and prosecuted counterclaims which sought to invalidate the competitor’s purported marks.
Won injunction for McDonald’s in trademark and trade dress infringement action against competitor that designed its restaurant to look like a McDonald’s.
Defended national consumer service provider against Lanham Act false advertising, unfair competition and deceptive trade practice claims asserted by its largest competitor. The competitor sought a permanent injunction and damages in excess of $21,000,000.00, alleging that certain sales personnel employed by companies which transact with our client had made misrepresentations to more than 100 consumers across the country.
Won judgment upholding the federal trademark registration of a national franchisor and distributor of flea control products.
Defended military equipment manufacturer in trademark infringement case filed in the Western District of Virginia, and prosecuted counterclaims alleging that the plaintiff fraudulently registered its purported mark.
Won injunction and damage award for Real Entertainment, Inc. against video pirates who infringed its exclusive license to market “Jerry Springer-Too Hot for TV.”
Defeated copyright infringement claim against filmmaker accused of infringing on musician’s copyrighted song.
# CORPORATE AND WHITE COLLAR INVESTIGATIONS
At Atherton Galardi, we conduct effective independent internal investigations for our corporate clients, including matters alleging:
* Financial, accounting and insurance fraud
* Trade secret misappropriation
* Employee embezzlement
* Breach of fiduciary duties
* Conflicts of interest, self-dealing, and corporate waste
* Sensitive corporate governance matters
* Potential securities fraud
* Shareholder derivative demands
* FCPA matters (including reporting requirements)
* Racial, religious, or other protected status discrimination
* Sexual harassment/assault
* Potential criminal conduct
* Data/security breaches
We also have experience representing officers, directors, and corporate clients in responding to regulatory inquires, investigations, and enforcement actions involving:
* Federal grand jury proceedings
* State and federal regulatory issues
* Local, state and federal law enforcement investigations/charges
* Florida Attorney General investigations
* State and federal taxing authority disputes
* Election board investigations
* Professional licensing proceedings
##### REPRESENTATIVE CORPORATE AND WHITE COLLAR INVESTIGATION EXPERIENCE
Handled highly sensitive employee misconduct investigation with global implications for client. Issues included Foreign Corrupt Practices Act (FCPA), allegations of embezzlement by employees, and extensive analysis of foreign laws.
Represented individual target client in federal grand jury investigation for corruption-related issues resulting in no charges being brought.
Represented an audit engagement partner from a Big Four accounting firm in connection with responding to a SEC Wells notice arising out of the restatement of a national restaurant chain’s financial statements; SEC ultimately decided not to initiate an enforcement proceeding against our client.
Represented subsidiary of publicly traded company in connection with Florida Attorney General investigation alleging that over 1000 consumer were allegedly deceived during certain door-to-door sales encounters.
Represented an audit engagement partner in an SEC enforcement action arising out of alleged improprieties in the financial reporting by Sunbeam Corporation; case settled on favorable terms less than one month prior to trial.
Managed multiple complex computer forensic investigations involving stolen corporate data, manipulation of electronic files, and the destruction of electronic evidence.
Represented clients who were fact witnesses in federal and state investigations with focus on discretion and efficiency.
Managed and led organization-wide employee classification and wage review. Implemented re-classification initiative based on review and client’s conclusions.
Conducted numerous extensive investigations into allegations of sexual harassment for corporate clients.
Handled numerous governance matters acting as either board counsel or individual board members.
Representation of officers, directors, and management in securities fraud and shareholder derivative proceedings.
# Straight to the point
We focus on what matters.  Meet our team below.
3
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## SCOTT W.
***MANAGING PARTNER***
## **LAUREN S.**
***PARTNER***
## **JOSEPH****GALARDI**
## **TERENCE**
## **L. MARTIN**
## **JENNIFER**
## BRITTANY A.
## TARAZONA
## **PETER**
## **TIMOTHY W.**
***OF COUNSEL***