education

Columbia Law School (J.D., 1997)
University of Chicago (B.A., 1990)

related practices

bar admissions

Florida
New York

court admissions

Florida State Courts
New York State Courts
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Western District of New York
U.S. District Court, Middle District of Florida
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit

Matthew A. Leish

Of Counsel

Tampa

T: 813.229.4341

F: 813.229.4133

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Matthew Leish’s practice focuses on media and First Amendment law, commercial litigation, and intellectual property litigation. His experience includes defending authors, journalists, and media companies against defamation and privacy claims, prosecuting and defending copyright and trademark claims, prosecuting Public Records and Government in the Sunshine litigation, defending consumer class actions, litigating breach of contract cases and other business disputes, and providing advice and counsel to media companies on speech and privacy issues.

Mr. Leish serves on The Florida Bar Media and Communications Law Committee and is a member of the Media Law Resource Center's Internet Law Committee.

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Representative Matters
- Cherry v. D.B. Zwirn Special Opportunities Fund, L.P., Case No. 8:09-0033 VMC (M.D. Fl. 2009): Represented defendant in class action and derivative suit involving claims related to financing and ownership of radio stations. Motion to dismiss granted.
- Lorenzo v. City of Venice et al., Case No. 2008-CA-8108 SC (Fl. 12th Judicial Circuit 2008): Representation of plaintiff in case alleging violations of Florida’s Public Records and Government in the Sunshine Laws. Case settled with City admitting liability following denial of defense motions for summary judgment.
- Bee Load Ltd. v. BBC Worldwide Ltd., Case No. 06-20074 (D. Me. Br. 2007): Represented defendant radio and television broadcaster in litigation involving rights to live music recordings. Partial summary judgment for defendant granted, and defense verdict on remaining claims obtained following bench trial.
- H.B. Fuller Co. v. Doe, Case No. H030099 (Cal. 6th App. Dist. 2007): Submitted amicus brief on behalf of California First Amendment Coalition in support of anonymous Internet message board poster’s efforts to quash subpoena aimed at uncovering poster’s identity. Subpoena withdrawn after motion to unseal plaintiffs’ court filings granted.
- Kamalian v. Reader’s Digest, 29 A.D.2d 527, 814 N.Y.S.2d 261 (N.Y. 2d Dept. 2006): Represented magazine publisher in defamation action brought by one of the subjects of an article entitled “Dangerous Doctors”. Order denying motion to dismiss reversed on appeal and dismissal granted.
- Flowers v. Carville et al., 310 F. Supp. 2d 1157 (D. Nev. 2004), aff’d, 2006 WL 42033 (9th Cir. 2006): Represented author and publisher in defending claims for defamation, false light, and conspiracy. Summary judgment granted for defendants and affirmed by Ninth Circuit Court of Appeals.
- E&J Gallo Winery v. Encana Energy Services, 33 Med. L. Rptr. 1413 (S.D.N.Y. 2005): Represented non-party financial news publisher in opposing subpoena for confidential newsgathering materials and testimony. Motion to quash subpoena granted.
- E.B. v. Liberation Publications, 7 A.D.3d 566, 777 N.Y.S.2d 133 (N.Y. 2d Dept. 2004): Represented publisher on appeal in suit by book cover model asserting claims for libel, misappropriation/right of publicity, and negligent infliction of emotional distress. Order denying motion to dismiss reversed and dismissal granted.
- Schmidt v. Adidas, Case No. OCN-L-1248-01 (N.J. Super. 2003): Represented sporting goods manufacturer in consumer class action suit. Case settled.
- Marshall v. Hendricks, Civ. No. 97-5618 (D.N.J. September 4, 2003): Pro bono representation of non-party student documentary filmmaker seeking to quash subpoena for outtakes of interview with death-row inmate. Motion to quash granted.
- Morris v. Castle Rock Entertainment et al., 246 F. Supp. 2d 290 (S.D.N.Y. 2003): Represented defendant Warner Television Productions in case involving claims for copyright infringement, Lanham Act violations, fraud, and breach of contract related to television program “The West Wing.” Motion to dismiss granted.
- Hackie v. Rolling Stone et al., Case No. CV 01-4940 FMC (C.D. Cal 2002): Represented magazine publisher and journalist in defamation and RICO suit. Claims voluntarily dismissed and journalist’s motion for attorneys’ fees under California’s anti-SLAPP statute granted.
- Martha Graham School and Dance Foundation v. Martha Graham Center of Contemporary Dance, 153 F. Supp. 2d 512 (S.D.N.Y. 2001), aff’d, 43 Fed. Appx. 408 (2d Cir. 2002): Represented officers and directors of choreographer’s dance foundation and school in trademark suit brought by choreographer’s heir. Heir’s trademark claims dismissed and motion to enjoin use of choreographer’s name denied following bench trial.
- McGee v. Simon & Schuster, 154 F. Supp. 2d 1308 (S.D.Oh. 2001): Represented author and book publisher in defamation suit brought in connection with the book “Blind Eye.” Motion to dismiss granted.
- Pre-broadcast legal review of documentary television programs for production company.
- Pre-publication legal review of book manuscripts for publishing companies.

Publications

12.01.2006	“Actual Malice Practice Guide,” Media Law Resource Center (December 2006).
06.01.2003	Co-Author, “In Defense of Public Trials,” in Litigation, The Journal of the ABA Section of Litigation (Summer 2003).
05.01.2002	Co-Author, “Responding to the Anonymous Cyber-Griper,” ACCA Docket (May 2002).
more

Speaking Engagements
- 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 Election Commission," at the Stetson Law Review Spring Scholarship Luncheon, Stetson Law School, Gulfport, FL (April 5, 2011)
- Speaker, "Free Speech and the Internet," ACLU of Florida Forum at the University of South Florida, Tampa, FL (August 18, 2010)
- Speaker, "Anonymous Speech and the Internet,"Florida First Amendment Foundation Sunshine Seminar at Florida A&M Law School, Orlando, FL (September 21, 2010)
- Speaker and Panelist, “Florida's Sunshine Law," Florida First Amendment Foundation Sunshine Litigation Seminar, Tampa, FL (September 25, 2010)
- Panelist, "If I Post This, What Can They Do To Me? New Frontiers in Ethics and the First Amendment on the Internet," at the annual conference of the Entertainment, Arts & Sports 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)
- Panelist, "The Law and the Media," at the Hillsborough County Bar Association’s Leadership Institute program (May 6, 2009)
- Presenter, "Libel and Privacy Law," at a Newsroom Seminar for the editorial staff of the Tampa Bay Business Journal, three-hour presentation (July 31, 2008)
Professional Recognition
- AV Rated by Martindale-Hubbell
Professional and Civic Activities
- The Florida Bar
  - Media & Communications Law Committee
- American Bar Association
- New York State Bar Association, Media Law Committee (2003-2007)
- Legal Panel of the Greater Tampa Chapter of the A.C.L.U.
Background
- Davis Wright Tremaine LLP (New York, NY)
  Partner (2005-2007); Associate (2000-2005)
- Cahill Gordon & Reindel (New York, NY)
  Associate (1997-2000)
News

05.25.2010

Matthew A. Leish Serves as Speaker at Florida Bar Conferences

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