Survey of Ninth Circuit Libel Law
Survey of Ninth Circuit Law on Privacy and Related Claims Against the Media
Joseph R. Tiffany
Mr. Tiffany focuses on cybersecurity and data breach litigation and government investigations, antitrust and competition litigation and counseling, intellectual property litigation, securities litigation and general commercial litigation.
In the field of antitrust and competition law, Mr. Tiffany has represented clients in major industry-wide class actions, criminal grand jury and civil antitrust investigations, patent litigation involving antitrust claims, and the antitrust aspects of mergers, acquisitions and joint ventures, including the Hart-Scott-Rodino Act premerger review process. He has also counseled clients in a wide variety of industries regarding state and federal antitrust laws, including the development and implementation of antitrust compliance programs and internal investigations relating to civil and criminal antitrust matters.
Mr. Tiffany represents clients in privacy and cybersecurity matters, including Federal Trade Commission investigations and class action litigation. He also advises clients and handles litigation regarding advertising, including proceedings before the National Advertising Division of the Council of Better Business Bureaus.
In the field of intellectual property, Mr. Tiffany has handled disputes regarding patents, licensing and development agreements, trade secrets and unfair competition. He has also counseled both American and international clients in matters concerning trade secrets, competitive business practices, methods for the protection of proprietary information, and trademark and copyright issues. Drawing on his extensive experience in antitrust, he has advised clients and litigated cases related to the interface between antitrust and intellectual property rights.
Mr. Tiffany has represented publishers, broadcasters and other clients in matters concerning defamation, privacy and news media access to judicial proceedings and records. This work has included libel litigation and prepublication libel review of content. Mr. Tiffany authors annual updates on legal developments in the Ninth Circuit of Appeals regarding media privacy and libel that are published by the Media Law Resource Center.
Mr. Tiffany has represented clients in regulatory matters involving the Department of Energy and in government securities investigations and securities litigation. He has handled a wide variety of business disputes, including issues regarding contracts, distribution, employment practices and mergers and acquisitions transactions. He has also represented clients in international arbitration and litigation matters. Mr. Tiffany is experienced in the use of alternative dispute resolution and has been actively involved in the CPR Institute for Dispute Resolution.
Antitrust and Competition
- In Re: Cathode Ray Tube (CRT) Antitrust Litigation (U.S. District Court, N.D., Cal.)—Multi-district class action antitrust litigation involving alleged violation of the Sherman Act.
- PostX Corporation v. Secure Date in Motion, dba Sigaba (U.S. District Court, N.D., Cal.)—Represented PostX in two-week jury trial resulting in a $450,000 verdict in favor of PostX on its unfair competition claim and defense verdicts in favor of PostX on unfair competition and Lanham Act counterclaims (antitrust counterclaims against PostX seeking over $60 million in damages were dismissed on summary judgment).
- Kenneth D. Worth v. CBR Systems, Inc., et al. (Orange County Superior Court, Cal.)—Action regarding alleged unfair competition and false advertising in violation of sections 17200 and 17500 of the California Business & Professions Code.
- CBR Systems, Inc. v. Viacell, Inc., Viacord, Inc. (U.S. District Court, N.D., Cal.)—Action regarding alleged false advertising and unfair competition in violation of the Lanham Act and the California Business & Professions Code.
- Nonpublic Government Investigation—Represented technology company in investigation by the Federal Trade Commission regarding Internet security.
- Department of Justice and Federal Trade Commission Merger Investigations—Represented parties and third parties in Hart-Scott-Rodino reviews of mergers in a variety of industries, including advanced technology, telecommunications, petroleum and food.
- Robert Half International Inc. v. Quaero Corporation (San Mateo County Superior Court, Cal.)—Action for breach of license agreement.
- Robert Half International Inc. v. Guardian Edge Technologies (San Mateo County Superior Court, Cal.)—Action for breach of license agreement.
- Costa Brava Partnership III, L.P. v. Telos Corporation (Circuit Court for Baltimore City, MD)—Represented investment bank as third party in securities litigation.
- Costa Brava Partnership III, L.P. v. Goodman & Company, LLP (Circuit Court for County of Fairfax, VA)—Represented investment bank as third party in litigation alleging that an accounting firm aided and abetted breach of fiduciary duty and interfered with contractual relations.
- Confidential International Centre for Dispute Resolution Arbitration—Arbitration regarding earn-out payments and alleged misrepresentation in connection with corporate acquisition.
- Confidential National Advertising Division of the Council of Better Business Bureaus Arbitration—Arbitrations between two major technology companies and a technology company and a trade association regarding false advertising.
- Nonpublic Government Investigation - Represented investment bank in Securities Exchange Commission investigation.
- Nonpublic Government Investigation—Represented technology companies and founder in Securities Exchange Commission investigation.
Media Law, Defamation and Privacy
- Angela Yow v. National Enquirer, Inc. (U.S. District Court, E.D., Cal.)—Defamation action.
- Laura Jean Reese Witherspoon v. American Media, Inc., Star Editorial, Inc. (Los Angeles Superior Court, Cal.)—Defamation action.
- Aretha Franklin v. American Media, Inc. (U.S. District Court, District of New Mexico)—Defamation action.
- Tara Borson v. Match.com, Jangl and Voxeo (Riverside County Superior Court, Cal.)—Action regarding alleged invasion of privacy.
- Legal 500 US, Antitrust (2012)
- Best Lawyers in the Bay Area, Bay Area Lawyer Magazine (2005-2006)
- Silicon Valley's Top 300 Lawyers, San Jose Magazine (2001-2006)
- Super Lawyers (2007)
American Bar Association, Antitrust Law and Litigation sections; State Bar of California, Antitrust & Unfair Competition section; Santa Clara County Bar Association; Center for Public Resources Technology Committee; Defense Counsel Section of the Media Law Resource Center; Legal Advisor to the Junior League of San Francisco