Michael J. Grygiel focuses his practice on national media law, with an emphasis on defending news and entertainment organizations from news-gathering and publication-related claims, including defamation, copyright infringement and invasion of privacy matters. He also represents media companies and other clients in complex Lanham Act, trade secret and Internet-related litigation and counseling.
Michael has served as lead trial counsel to media and other clients in bet-the-company litigation, including a nationally watched news aggregation copyright case and a trade libel action against a major medical device manufacturing company. He is experienced representing the press in a wide range of matters involving applications for access to civil and criminal court proceedings and records, and freedom of information law cases in both federal and state courts.
Prior to Michael’s career in private practice, he was the Director of the Arthur Levitt Public Policy Center at Hamilton College, where his teaching concentrated on First Amendment and constitutional law.
Anslow v. Clear Channel Communications, Inc., 32 Media Law Reporter 2438 (2003) — Lead defense counsel in dismissal of defamation case in which court recognized that radio talk show program was equivalent of public forum because dedicated to robust, unrestrained and often hyperbolic exchange of viewpoints by listeners.
Newsday, Inc. v. New York State Dept. of Transportation, 5 N.Y.3d 84 (2005) — FOIL access to federally mandated hazardous roadway intersection and priority repair records maintained by NYS Dept. of Transportation.
Schiller America, Inc. v. Welch Allyn, Inc. (S.D. Fla. 2006) — Lead defense counsel in significant trade libel/false advertising case involving functional characteristics of medical diagnostic device.
Lugosch v. Congel, 435 F.3d 110 (2d Cir. 2006) — Represented newspaper in Second Circuit case establishing First Amendment right of press and public access to judicial documents in civil cases.
GateHouse Media Massachusetts I, Inc. v. New York Times Co. — Represented plaintiff in copyright infringement matter based on website news aggregation practices, an emerging issue in the law.
Other Court Admissions
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Northern District of New York
Areas of Concentration
- Media and First Amendment law
- Defense of defamation actions
- Complex commercial litigation
- Digital rights management
- Copyright infringement - litigation and counseling
- Advertising and Lanham Act matters
- Invasion of privacy and news-gathering claims
- Trade secret litigation and counseling
- Internet litigation and counseling
- Reporter’s and newsroom subpoenas
- Pre-publication review
- Litigation and counseling regarding social networks, blogs and user-generated content
- Anonymous/pseudonymous postings to news websites
- Right of publicity litigation and counseling
- "Hot news" misappropriation litigation and counseling
- Digital Millennium Copyright Act service-provider liability limitations
- Press and public access to court proceedings and judicial documents
- Freedom of Information Act litigation
- Lead national counsel to and personally supervised legal matters for several media clients, including an industry-leading newspaper/website publishing company.
- Primary outside counsel to the New York News Publishers Association, Inc.
- Primary regional counsel to an international communications/entertainment company.
- Represented several national media companies and publications.