Baker & Hostetler LLP

Leaders in the Evolving World of Media Law

For more than 90 years we have been the leader in developing First Amendment law for media companies and the journalists and writers who work for them. As First Amendment law has evolved, sometimes explosively, sometimes glacially, we have been at the forefront in shaping the law both in the United States and abroad.

Libel and Privacy

Baker Hostetler Media Practice Leader, Bruce Sanford, authored a leading treatise on libel and privacy law that is relied upon by media lawyers and courts throughout the country. In addition, in 2000, he wrote the best-selling trade book, Don't Shoot the Messenger: How Our Growing Hatred of the Media Threatens Free Speech for All of Us, on public attitudes toward the media. The book received critical acclaim. Larry King termed it "brilliant, a must read." The Boston Globe said it "transformed media criticism into something resembling fun!" USA Today called it "important and thought-provoking," and The Baltimore Sun ranked it as "the most intelligently disciplined book on the free press."

The firm's lawyers have helped shape the law of libel and privacy through winning hundreds of cases on summary judgment, at trial or on appeal.

• In the 1970s and 1980s we expanded the public figure doctrine in cases such as Brewer v. Memphis Publishing Co. and established that private figure plaintiffs bear the burden of proving falsity in cases involving matters of public concern, a principle later adopted by the Supreme Court of the United States.
• In the 1990s, after the Supreme Court had rejected a federal constitutional privilege for the expression of opinion, we convinced the U.S. Court of Appeals for the DC Circuit in Moldea v. New York Times Co. to reverse itself and extend opinion protection to The New York Times in litigation over a book review.
• We also persuaded the Supreme Court of Ohio to recognize a separate state constitutional opinion protection in Vail v. Plain Dealer Publishing, Inc.
• We persuaded federal courts in the District of Columbia to take a strict view of what constitutes sufficient evidence of actual malice in dismissing a libel case brought by former National Security Advisor Robert "Bud" McFarlane in McFarlane v. Esquire Magazine.
• In the 21st Century, we convinced Colorado courts to refuse to recognize the tort of false light invasion of privacy and persuaded them to adopt the media-friendly "incremental harm" doctrine.

Our clients turn to us to win the tough cases.

• Recently, we defended The New York Times in a $15 million federal court libel trial brought by a state Supreme Court justice. The jury returned a defense verdict for The New York Times even though the newspaper conceded mistakes in its reporting.
• Similarly, we convinced the Supreme Court of South Carolina to vacate a large jury award against a broadcaster on the grounds that the plaintiff, a powerful state senator, failed to demonstrate actual malice.
• In 2005, when a jury slapped the Boston Herald with a $2 million plus verdict for allegedly publishing libelous statements about a local state court judge, it turned to Baker Hostetler to obtain reversal on appeal.

Baker Hostetler has made a long-term commitment to incorporate diversity within our workforce. We devote substantial time and resources to the recruitment, retention and development of minority and women lawyers, not only because it is "the right thing to do," but also because it is a business imperative.

We recognize that in order to serve the needs of our diverse client base, our lawyer population needs to be equally diverse. It is because of these differences that we can bring a variety of perspectives and experiences together and provide creative solutions for the challenges our clients face.

Diversity Committees

One of our most successful strategies in retaining minority attorneys has been our commitment to listen, learn and act upon their suggestions. Our Diversity Task Force, established in 1995, evolved into a standing committee in the firm. Alec Wightman, one of two Executive Partners who lead the firm, chairs the Diversity Committee, which includes members of the Policy Committee, Office Managing Partners, Partners, Associates and Staff. Diversity subcommittees focus on five key topics: Lateral Recruiting, Law School Recruiting/Paul White Scholarship, Minority Attorney Conference, Marketing and Retention. Exemplifying the goal of true diversity, the Committee includes minorities, non-minorities, men and women.

In addition to the Diversity Committee, Baker Hostetler formed a Women's Committee to provide recommendations to management with respect to challenges facing women in the legal profession. Our Houston office was a key signatory for the Women's Initiative by the Houston Bar Association, and our Houston Office Managing Partner, Lisa Pennington, was the first woman to manage a major law office in Texas. Ms. Pennington also serves as the Chair of the firm's Women's Committee, which includes a cross-section of lawyers by geography, practice group, gender and status.

Recruiting

For the last seven years, over half of our new associates have been women and minorities, which has enabled us to meet or exceed the national average of minority attorney representation among large law firms as reported by NALP. As of October 1, 2007, Baker Hostetler's lawyer ranks include 16% and 7.8% minority associates and partners, respectively, and 45.5% and 19.3% women associates and partners, respectively. This diversity in our workforce is the result of many factors, including targeted recruiting of minorities among law schools and laterals, plus active participation in minority job fairs.

Scholarship Program

In honor of the firm's first African-American partner, who was a pioneer for minorities in the legal profession, we established the Paul D. White Scholarship program in 1997. The scholarship provides financial assistance and practical experience to minority law students by furnishing a paid summer clerkship and a $6,000 net cash award. The program has granted more than $1.5 million in related summer associate and scholarship monies since its inception.

Professional Development and Support

In May 2007, the firm held its sixth Minority Attorney Conference, with the theme, "Diversity: It's Everybody's Business," which focused on business development and lawyer retention.

Partners Marty Dunn, Bill Kuntz and Mo Sanchez planned and co-chaired the event, which placed an emphasis on skill-building and served to facilitate formal and informal discussions among minority attorneys, top firm management and clients on strategies to increase recruitment, retention and promotion of minority lawyers.

More than 50 minority attorneys, representing all of the firm's offices, Executive Partners Steve Kestner and Alec Wightman, and other members of firm management participated in the two-day event, held in Cleveland. Besides minority partners from the firm sharing their experiences and advice, guest speakers included client representatives from The E.W. Scripps Company, FirstEnergy Corp., and MetLife, Inc., who provided additional insights and perspective.

Werten F.W. Bellamy, Jr., founder of the annual "Charting Your Own Course" career development conference for minority attorneys (of which Baker Hostetler has been a sponsor for six years), was the keynote speaker, opening the conference with his presentation, "The Roadmap to Your Future--Your Career Trajectory."

The client panel, moderated by Marty Dunn, included A.B. Cruz, III, Senior Vice President and General Counsel of The E.W. Scripps Company; Rhonda Ferguson (former Baker Hostetler attorney), Vice President, Corporate, First Energy Corp.; and James Lipscomb, Executive Vice President and General Counsel, MetLife, Inc. Also in attendance was Mary Ray, Associate General Counsel, The E.W. Scripps Company.

The panelists were asked to provide insight into what their companies look for, especially with regard to diversity, when retaining outside counsel, as well as what they consider some of their company's own "best practices" in hiring, training and retaining their workforce.

Besides paying for attorneys' membership dues in one national minority bar association, the firm has sponsored and our attorneys have participated in numerous activities hosted by these associations and other organizations on a local, regional and national level. These include, but are not limited to:

• Black Lawyers Association
• "Charting Your Own Course Conference"
• Cleveland and Columbus Bar Associations (Minority Clerkship Programs)
• Corporate Counsel Women of Color, Career Strategies Conference
• Hispanic National Bar Association
• Latin American Education Fund
• Minority Corporate Council Association (MCCA) "Creating Pathways to Diversity" conference
• MCCA Annual CLE Expo
• MCCA Regional Diversity dinners
• Minority Outside Counsel Networking Conference
• National Asian Pacific American Bar Association
• National Bar Association
• National Black Law Students Association (at various law schools)

Our attorneys have and continue to serve as officers in the National Bar Association, Hispanic National Bar Association and the National Asian Pacific Bar Association.

The firm also held its first Women Partners' Retreat in 2005, which brought together our women partners from around the country for a two-day event. Sessions included: the current status of the firm (with regard to recruiting and retaining women attorneys), personal marketing, advancing to management and balancing work and family.

Diversity Awards and Honors

• MCCA Sager Award Honorable Mention (Midwest Region 2005);
• Ranked in the Top 20 for "Diversity for Minorities" in 2004, 2005, 2006 and 2007 Vault Guide to the Top 100 Law Firms;
• Cleveland partner awarded "Spirit of Excellence" award by the ABA's Commission on Racial and Ethnic
• Columbus Office Managing Partner named Chair of the Columbus Bar Association (CBA) Managing Partners' Diversity Initiative Advisory Committee and a co-recipient of the 2004 Commitment to Diversity Award presented by The Ohio State University Moritz College of Law Chapter of the National Black Law Students Association;

  Recent Developments

  • Beginning in 2005, the firm offers same-sex domestic partner benefits;
  • Communications Manager position created to provide marketing support for Diversity and Women's initiatives;
  • Creation of office-specific diversity plans to tailor firmwide efforts on local levels.

  Diversity continues to be a core value at Baker Hostetler. Through strategic recruitment, strong community and professional involvement and a dedicated commitment to diversity, there has been significant progress in building a more inclusive environment. We are proud of the results thus far, and recognize the need to continue to work toward creating an ever more inclusive environment where individual differences are appreciated, valued and leveraged to meet our clients' needs.