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WE WON!!!
David Brown just sent out the following note to the staff of the NLJ:
It's nice to end a Friday on a high note.
As many of you already know, POM Wonderful asked DC Superior Court Judge Judith Bartnoff to drop the restraining order against The National Law Journal. She has -- which means we are no longer barred from reporting the name of the agency that was investigating POM.
That agency would be the FEDERAL TRADE COMMISSION.
Our legal team, led by Allison, Fabio and Baker Hostetler's Bruce Brown, aggressively fought a clearly unconstitutional order. And they deserve our thanks. So, too, do Tom Schoenberg and Jeff Jeffrey, who have worked with our lawyers every step of the way.
POM appears to have caved after a flotilla of big media companies filed an amicus supporting our appeal in the D.C. Court of Appeal. Their lawyer, as Mike Scarcella reported, said the company never intended to get into a First Amendment fight. You can read more on the Blog of Legal Times. (Mike has done a great job here, too, in a sensitive role: Reporting on our own activities.)
Our company has been fighting the good fight here. And I'm also glad that we're going to be able to close our next edition (fingers crossed) without a judge telling us what we can and cannot publish."
As many of you already know, POM Wonderful asked DC Superior Court Judge Judith Bartnoff to drop the restraining order against The National Law Journal. She has -- which means we are no longer barred from reporting the name of the agency that was investigating POM.
That agency would be the FEDERAL TRADE COMMISSION.
Our legal team, led by Allison, Fabio and Baker Hostetler's Bruce Brown, aggressively fought a clearly unconstitutional order. And they deserve our thanks. So, too, do Tom Schoenberg and Jeff Jeffrey, who have worked with our lawyers every step of the way.
POM appears to have caved after a flotilla of big media companies filed an amicus supporting our appeal in the D.C. Court of Appeal. Their lawyer, as Mike Scarcella reported, said the company never intended to get into a First Amendment fight. You can read more on the Blog of Legal Times. (Mike has done a great job here, too, in a sensitive role: Reporting on our own activities.)
Our company has been fighting the good fight here. And I'm also glad that we're going to be able to close our next edition (fingers crossed) without a judge telling us what we can and cannot publish."
Here's the link to the story that went up on The Blog of Legal Times:
I join David in congratulating Allison Hoffman and our legal team for responding quickly and appropriately to this challenge. Everyone involved did a great job, and can feel good about our role in defending a fundamental first amendment right -- freedom of the press.
Congratulations! This is fabulous news and really impressive work by all involved. Thank you for fighting this.
I was excited and proud to tweet about this one. Congratulations. - Howie
Congratulations to David, the Legal Times team and ALM legal. This definitely was a fight worth fighting, and it's great to win.