Solicitor General Elena Kagan has filed the United States’s brief on CNN v. CSC Holdings (the Cablevision case) and she says the US doesn’t want anything to do with it.
As you’ll recall, this is the case in which various content producers sued Cablevision over its plan to roll out a “remote storage digital video recorder.” Basically, a cross between a TiVo hosted by Cablevision and a near-real-time uber OnDemand system. Even if you forgot to record a show, you could just pull it down through your cable box.
The case is interesting in that it pits the content producers squarely against the content deliverers (and consumers, but who cares about them, right?). Surely, there must be BigLaw all over this one, right?
Indeed. After the jump, the parties’ counsel plus the various firms retained by amici.
The Parties
CNN is the petitioner of record and is represented (at least according to the docket) by Paul Smith (Amherst BA ‘76, Yale JD ‘79) and Donald Verrilli, Jr. (Yale BA ‘79, Columbia JD ‘83), formerly co-chair of Jenner & Block’s appellate-litigation practice. Verrilli was recently nominated to be Associate Deputy Attorney General in a series of extremely pro-content-producer appointments. He probably wasn’t too happy that his new colleagues down the hall are hanging his former clients out to dry.
Jeffrey Lamken (Haverford BA ‘86, Stanford JD ‘90) of Baker Botts is lead counsel for Cablevision.
The Amici
The United States brief as amicus was filed “in response to the Court’s order inviting the Solicitor General to express the views of the United States.” Does anyone else find it amusing that the Court can’t speak other than in orders, so even its requests come across as heavyhanded? In addition to Kagan, Michael F. Hertz, Acting Assistant Attorney General, Malcolm L. Stewart, Deputy Solicitor General, Toby J. Heytens, Assistant to the Solicitor General, and attorneys Scott R. McIntosh and Sarang Vijay Damile represented the US.
In addition to a number of firms we don’t recognize, two other BigLaw firms are involved.
Seth Galanter (Columbia BA ‘90, Penn JD ‘93), Of Counsel at Morrison & Foerster, represents the National Music Publishers’ Association. Does MoFo not use the “Of Counsel” title for retired partners and former judges? It seems like a ‘93 who isn’t a partner would be called “Counsel” at most firms.
Michael Salzman (Yale BA ‘75, Harvard JD ‘78) of Hughes Hubbard represents BMI.
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Go Tivo!