Matthew Leish

Matthew Leish is a partner at Klaris Law specializing in First Amendment and intellectual property litigation and counseling. With a practice focusing on media and publishing clients, Matt has over 25 years of experience representing news organizations, book publishers, journalists, authors, broadcasters, and documentary filmmakers.  

Before joining Klaris Law, Matt was a partner at a boutique New York media law firm, handling a wide range of defamation, access, copyright, and subpoena cases. He previously served as Assistant General Counsel at Tribune Publishing Company, where he was the lead newsroom lawyer and primary litigator for the company's digital and print publications in the Northeast, including the New York Daily News. In that role, he defended Tribune and the Daily News against defamation and copyright claims, quashed subpoenas served on reporters, fought for access to court proceedings and documents, litigated public records disputes, vetted articles, and provided legal counsel to editors, reporters, and senior business executives. Previously, in private practice for many years, Matt represented media companies, authors, journalists, and broadcasters in a variety of litigation matters, including a public records litigation that resulted in what was, at the time, the largest attorneys’ fee award ever granted in a Florida open records case.

Matt is an active public speaker and writer on media law and First Amendment issues and has taught media law to journalism students as an Adjunct Professor at the CUNY Graduate School of Journalism. He is currently Chair of the New York State Bar Association’s Media Law Committee and is a past co-chair of the Media Law Resource Center’s Internet Law Committee.

Matt earned his J.D. from Columbia Law School, where he was a Harlan Fiske Stone scholar, and his B.A. with honors from the University of Chicago. He is admitted to practice in New York; Florida (inactive); and various federal courts, including the Southern, Eastern, and Western Districts of New York, as well as the Middle District of Florida and the Second,  Ninth, and Eleventh Circuit Courts of Appeal.

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Representative Matters

Media Defamation Cases:

• ‍Behar v. Daily News et al.: Obtained dismissal of a defamation claim brought by an unsuccessful New York City Council candidate who was the subject of several articles concerning his controversial social media posts.  The court also awarded the Daily News its attorneys’ fees under the New York anti-SLAPP statute.  2023 WL 3075277 (Sup. Ct. N.Y. Co. April 24, 2023).‍
• Golan v. Daily News et al.: Obtained dismissal of a defamation claim brought by a real estate investor who was alleged in various legal proceedings to have defrauded or otherwise taken advantage of homeowners.  The court granted the motion to dismiss on fair report, substantial truth, and other grounds, and awarded anti-SLAPP attorneys’ fees.  The First Department affirmed the dismissal and the fee award.  175 N.Y.S.3d 871 (Sup. Ct. N.Y. Co. 2022), aff’d, 214 A.D.3d 558 (N.Y. App. Div. 1^st Dep’t 2023).‍
• ‍Baines v. Daily News et al.: Successfully defended the Daily News and various reporters and editors against a defamation claim brought by a convicted sex trafficker and rapist over an article reporting claims by an additional alleged victim. The court granted summary judgment after finding that the Daily News did not act in a grossly irresponsible manner. 76 Misc.3d 1210(A) (Table) (Sup. Ct. N.Y. Co. August 19, 2022)‍
• Lee v. TMZ et al:  Successfully defended the Daily News and several reporters against a defamation claim brought by a woman who had been incorrectly identified by the New York Attorney General at a press conference as being part of a drug and prostitution ring.  The court granted the Daily News’ motion to dismiss on fair report grounds under New Jersey law.  2015 WL 5638081 (D.N.J. Sept. 24, 2015), aff’d, 710 Fed.Appx. 551 (3d Cir. 2017)‍
• Tacopina v. O’Keeffe:  Successfully defended the Daily News and its reporter against a defamation claim brought by celebrity attorney Joe Tacopina.  The court held that the Daily News’ articles were substantially accurate and therefore protected by the fair report privilege even though the articles misattributed the source of certain allegations against Tacopina.  2015 WL 5178405 (S.D.N.Y. Sept. 4, 2015), aff’d, 645 Fed.Appx. 7 (2d Cir. 2016)‍
• Borzellieri v. Daily News: Obtained dismissal of a defamation case against the Daily News brought by a former principal who was fired after the Daily News reported that he had a history of “racist writings” and had ties to “a white supremacist group.”  975 N.Y.S.2d 365 (Sup. Ct. Queens Co. 2013), aff’d sub nom. Silverman v. Daily News, 29 A.D.3d 1054 (N.Y. App. Div. 2d Dep’t 2015)‍
• Doheny v. Daily News et al.: Successfully argued for dismissal of a lawsuit asserting claims for defamation, invasion of privacy, and infliction of emotional distress based on an article and related Tweets that reported on plaintiff’s arrest for Medicaid fraud and allegedly falsely painted her as a stripper.  No. 14701/13 (Sup. Ct. Kings Co. July 8, 2014)

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Copyright and related claims:

• McGucken v. Tribune Publishing Company: Representing Tribune Publishing Company in a copyright infringement case brought by a photographer who claims his photographs were licensed without permission by a stock photo agency.  No. 1:24-cv-03503 (N.D.Il. 2024)‍
• Westheim v. Mic Network, Inc.:  Represented BDG Media in copyright infringement case brought by a photographer.  Settled.  1:22-cv-10733 (S.D.N.Y. 2023)‍
• Stridiron v. Tribune Publishing Company: Represented Tribune Publishing Company in a copyright infringement case in which plaintiff alleged that the Allentown Morning Call published one of his photographs without permission.  The case quickly settled after Tribune filed a motion seeking to force plaintiff to post a bond before proceeding with the case.  No. 1:19-cv-03435 (S.D.N.Y. 2019)‍
• Beeload Ltd. v. BBC Worldwide Ltd.:  Represented BBC Worldwide, the commercial arm of the BBC, in a protracted litigation brought by a former business partner over rights to rare recordings from the BBC rock and pop music archives.  Following an eight day bench trial, the court ruled in BBC Worldwide’s favor, finding that the BBC acted in good faith and that the plaintiff had not actually contracted for the exclusive rights which it claimed to have obtained.   No. 06-0208 (D. Me. Bkrpt. 2007).

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Other Media/First Amendment Cases:

• ‍United States v. Google:  Represented media coalition opposing sealing of exhibits in antitrust case.  No. 1:23-cv-00108 (E.D.Va. 2024)‍
• United States  v. Bankman-Fried: Represented documentary film company in opposing gag order imposed by court on Sam Bankman-Fried in advance of bail revocation hearing.  No. 1:22-cr-00673 (S.D.N.Y. 2023) ‍
• Travis v. Spitzer: Obtained order unsealing amended complaint and other documents in civil case brought against former New York Governor Eliot Spitzer.  No. 101124/2020 (Sup. Ct. N.Y. Co. October 5, 2021)‍
• United States v. Reyes: Obtained order partially unsealing transcripts and documents related to the plea agreement and sentencing of the man who was Jeffrey Epstein’s last cellmate prior to Epstein’s suicide. No. 1:18-cr-454 (S.D.N.Y. 2021)‍
• Daily News v. NYPD: Successfully represented the Daily News in a lawsuit alleging that the NYPD violated New York’s Freedom of Information Law by refusing to disclose the names and zip codes of gun permit holders.  No. 162153/2019 (Sup. Ct. N.Y. Co. 2020).‍
• Busson v. Thurman: Successfully opposed motion to close courtroom during portions of Uma Thurman’s divorce/custody trial.  No. 3500742/2014 (Sup. Ct. N.Y. Co. 2017)
• ‍People v. Pride:  Obtained an order quashing a subpoena served by the prosecution on a reporter who had interviewed the defendant charged with the murder of police officer Peter Figoski.  Indict. No. 10529/2011 (Sup. Ct. Kings Co. 2013)‍
• Baez v. Jet Blue:  Persuaded the court to quash a subpoena served on a Daily News reporter as unduly burdensome even though the reporter had arguably waived the reporter’s privilege by disclosing certain information.  2012 WL 5471229 (E.D.N.Y. Nov. 9, 2012)‍
• Citizens for Sunshine v. City of Venice et al.: Successfully represented plaintiffs in litigation alleging violations of Florida’s Government in the Sunshine and Public Records laws by City of Venice officials.  After extensive litigation, the City agreed to a settlement that imposed broad remedial measures, including prohibiting city officials from using private email accounts for official business.  Case No. 2008 CA 8108 SC (Fla. Circuit Court, Sarasota Cty. 2009)

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Publications and Speaking Engagements:

• Co-chair, “Libel Developments” panel, Media Law Resource Center Media Law Conference (October 5, 2023).
• Panelist, “Extract the Facts: How to Dig Up Great Stories Using Freedom of Information Laws,” Deadline Club/NYU Journalism Department, New York, NY (May 10, 2023).
• Panelist, “Access” panel, PLI Communications Law in the Digital Age conference (November 11, 2021).
• Co-Chair, “Libel Developments” panel, Media Law Resource Center Media Law Conference (September 30, 2021).
• Faculty, “Confidentiality and Public Access to Judicial Records and Proceedings,” Lawline online course (May 24, 2021).
• Facilitator, “PrePublication/PreBroadcast” panel, Media Law Resource Center Communications Law Conference (September 30, 2020).
• Program Faculty, New York Fair Trial/Free Press Conference, New York, NY (October 21, 2019).
• Panelist, “Extract the Facts: FOIA Strategies, Tips and Media Action,” Deadline Club/CUNY Newmark Graduate School of Journalism, New York, NY (April 16, 2019).
• Facilitator, “PrePublication/PreBroadcast” panel, Media Law Resource Center Communications Law Conference, Reston, VA (September 28, 2018).
• Author, “Government Access to Text Messages and the Fourth Amendment,” in The Practically Pocket-Sized Guide to Internet Law, Media Law Resource Center, 2015.
• Panelist, “Controlling Data, Forgetting Data: What U.S. Lawyers Need to Know About the Right to Be Forgotten,” Media Law Resource Center Forum, New York, NY (November 12, 2014).
• Author, “A View From the Inside: Responding to Takedown Requests,” in MLRC MediaLaw Letter, October 2014.
• Panelist, “Hot Issues in Libel and Privacy,” ABA Forum on Communications Law Annual
• Conference, Dana Point, CA (February 8-9, 2013).
• Speaker, “Bloggers, Social Media, and the First Amendment,” Florida First Amendment Foundation Sunshine Seminar, Orlando, FL (September 26, 2011).
• 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 Elections Commission,” Stetson Law Review Scholarship Luncheon, Stetson Law School, Gulfport, FL (April 5, 2011).
• Speaker and Panelist, “Florida’s Sunshine Law,” Florida First Amendment Foundation Sunshine Litigation Seminar, Tampa, FL (September 25, 2010).
• Speaker, “Free Speech and the Internet,” ACLU of Florida Forum at the University of South Florida, Tampa, FL (August 18, 2010).
• Panelist, “New Frontiers in Ethics and the First Amendment on the Internet,” annual conference of the Entertainment 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).
• Co-author, “Actual Malice Practice Guide,” Media Law Resource Center, 2006.
• Co-author, “In Defense of Public Trials,” in Litigation magazine, Summer 2003.
• Co-author, “Responding to the Anonymous Cyber-Griper,” ACCA Docket, May 2002.
• Co-author, “‘Cyberlibel’ and John Doe: The Emerging Standards For Protection Of Anonymous Internet Speech,” in ABA TIPS News, Winter 2001.
• Co-author, “A Selective Survey of Current Issues Facing Book and Magazine Publishers,” in Internet Publishing, 601PLI/IP 9 (PLI, 2000).
• Co-author, “The Mayor Versus the First Amendment: Will The Fight Last A Full Fifteen Rounds?” in Communications Lawyer, Summer 2000.

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