James Goodale
Encyclopedia
James Goodale is a leading First Amendment lawyer currently at the law firm of Debevoise & Plimpton
. He is the former General Counsel and Vice Chairman of The New York Times
and has represented the Times in all four of its cases that have reached the United States Supreme Court. He has also been called “the father of the reporters' privilege
.”
He was the leading force behind the Times’ decision to publish the Pentagon Papers
in 1971. After the Times’ outside counsel, Lord Day & Lord
, advised the Times against publishing classified information
and quit when the United States Justice Department threatened to sue the paper to stop publication, Goodale led his own legal team and directed the strategy that resulted in winning the Supreme Court case of New York Times v. United States.
He created a First Amendment bar association for lawyers representing media companies and conducts a continuing education
seminar at the Practising Law Institute
on Communications Law.
He has hosted and produced a half hour TV show Digital Age on WNYE-TV
covering media and legal issues since 1996. He has written over 200 articles on media law and press freedom for many publications, including The New York Times
, New York Review of Books and The Daily Beast
.
Goodale has taught for over thirty years at Yale, New York University, and Fordham Law Schools.
. His mother, a college professor, was the daughter of the Shakespearean scholar Oscar James Campbell, Jr. who wrote The Readers Encyclopedia of Shakespeare. Goodale graduated from Yale University
in 1955, which he attended on the William Brinckerhoff Jackson Scholarship. At Yale, he played on the baseball and hockey teams. He received his Juris Doctorate from the University of Chicago Law School
in 1958, which he attended on a National Honor Scholarship.
From 1959 to 1963, he worked for the Wall Street law firm of Lord Day & Lord
. That firm was also the long time outside counsel of the New York Times. During this time, he also served for six years in the Army Reserve as a strategic and intelligence research analyst, which influenced his views on overclassification and convinced him it was not a crime to publish classified information.
In 1967, Goodale spearheaded the financial reorganization of the Times. He advised the Times' publisher Arthur Ochs Sulzberger
to purchase Cowles Communications, a transaction that helped the Times regain profitability. He also conceived and implemented the stock structure which was used to bring the New York Times public, a structure that was later copied by the Washington Post and other media companies.
leaked the Pentagon Papers
to New York Times reporter Neil Sheehan
. Executives at the Times argued for three months about whether to publish them or not. Harding Bancroft, the Senior Vice President, Sidney Gruson, Assistant to the Publisher, and the Times outside counsel, Lord Day & Lord
, advised the Times not to publish. Goodale successfully convinced publisher Arthur Ochs Sulzberger
that the First Amendment
protected the New York Times from prosecution for publishing classified information.
On June 13, 1971, the Times printed its first articles and documents of the Pentagon Papers
. When Attorney General John Mitchell
indicated the Justice Department
would sue the New York Times to stop any further publication, Lord Day & Lord refused to represent it and quit the night before the first court hearing. Goodale, along with the law firm of Cahill Gordon & Reindel
and Yale Law School professor Alexander Bickel
, defended the Times in court.
Goodale was the first to develop the now widely accepted arguments that the Espionage Act should not apply to publishers or the press. These arguments were later adopted after the Pentagon Papers trial by District Court Judge Murray Gurfein
. After his decision, the Justice Department dropped the Espionage Act argument from the case.
In a 6-3 decision, the Supreme Court ruled the US government could not stop the Times from publishing the Pentagon Papers, holding that prior restraints were barred by the First Amendment unless the publication “will surely result in direct, immediate, and irreparable damage to our Nation or its people.”
for the first time in any court.
In 1972, Caldwell v. United States was merged with two other similar cases at the Supreme Court and became known as Branzburg v. Hayes
. Goodale crafted the media’s strategy at the Supreme Court level. In a 5-4 decision, the Supreme Court overurned Caldwell's case and held reporters, in the circumstances of the case, do not have a First Amendment right to protect their sources and defy a subpoena. Justice Powell’s concurrence with the majority was the swing vote.
Goodale subsequently wrote an article for the Hastings Law Journal in which he argued that Justice Powell’s concurrence with the majority actually argued for a qualified reporter’s privilege, “though, on its face, their ruling said just the opposite.” He argued the Court’s ruling was narrow and so the reporter’s privilege should be judged on a case-by-case basis.
Using his article as a basis for protecting reporters’ sources, he persuaded other media companies, such as Time, NBC, CBS, and the Washington Post to refuse to comply with government subpoenas. He argued using the power of contempt to resist requests for sources would cause state and federal courts, as well as state legislatures, to recognize a qualified reporters’ privilege. This strategy succeeded, as over 1000 reporters privilege cases have been brought before state and federal court since his Hastings Law Review article, while only two or three were brought before. Thirty nine states now have some form of a reporter’s shield law, ten other states have a common law privilege, and most federal circuits recognize a reporter’s privilege as well—many using the language proposed in Goodale’s law review article.
Goodale’s interpretation of Powell’s concurrence was confirmed in 2007, when notes of Powell’s were discovered saying reporter’s privilege cases should be decided on a case-by-case basis.
In October 1973, Vice President Spiro Agnew
subpoenaed reporters for the New York Times and Washington Post for its sources on a story detailing the confidential criminal investigation into Agnew’s dealings when he was Governor of Maryland
. Instead of complying with the subpoenas, Goodale devised a strategy whereby the reporters’ notes would be given to New York Times publisher A.O. Sulzberger and Washington Post owner Katherine Graham and they would refuse to hand them over to the court. If Agnew wanted the reporters’ notes, the judge would have to send the owners of the two biggest newspapers in the country to jail. Agnew’s subpoenas were dropped after he resigned the Vice Presidency the following month.
In 1978, New York Times reporter Myron Farber was subpoenaed by a New Jersey state court in the murder trial of Dr. Mario Jascalevich and refused to testify on the advice of Goodale. He subsequently caused Farber and the Times to go into contempt of court. Farber spent 40 days in jail and the New York Times was fined a total of $101,000 dollars. The Governor later returned the fines and New Jersey passed a state law providing reporters a qualified privilege in response to the case.
Because of his work at the New York Times, his law review article and subsequent media law seminars, Goodale has been called the “father of reporter’s privilege.”
in 1980, bringing the New York Times as a client with him. He established two practice groups, one for the representation of media companies, particularly new media companies such as cable television, the other for First Amendment
and intellectual property
litigation.
At Debevoise, he or his groups have represented The New York Times
, the Hearst Corporation
, NBC
, Cablevision, the New York Observer
, Paris Review
, Infinity Broadcasting, the NFL, NHL, and NBA. He has personally represented George Plimpton
, Harry Evans
, Tina Brown
, Margaret Truman
, and former New York City Mayor John Lindsay
.
In 2001, Debevoise & Plimpton
represented the New York Times in the Supreme Court case of New York Times Co. v. Tasini
. This was the fourth case Goodale represented the New York Times at the Supreme Court.
As counsel to George Plimpton
, Goodale convinced Plimpton to turn The Paris Review into a foundation. Over the initial rejections of Plimpton, Goodale’s decision to make the literary magazine a non-profit foundation ensured The Paris Review would survive beyond Plimpton’s 2003 death. Plimpton had been the magazine’s editor since 1953.
Goodale also assisted in the creation of the New York Observer, which was founded by Arthur L. Carter
. Goodale also arranged for Carter to purchase The Nation
magazine from Victor Navasky
, which was, in turn, re-purchased by Navasky.
, Tom Brokaw
, Arthur Schlesinger
, Henry Kissinger
, Dan Rather
, Chuck Schumer, and Michael Bloomberg
. He is presently the co-producer of the program.
He conceived, with Fred Friendly, Columbia University
’s media and society seminars. The program still airs on PBS
television as the “Fred Friendly Seminars.”
Since 1977 he has written a column in the New York Law Journal
on “Communications and Media Law.” His articles on the First Amendment have been published in The Stanford and Hastings Law Reviews, The New York Times
, The New York Review of Books
(cover piece), The Nation
, The Nieman Report, The New York Observer, The National Law Journal
and The Daily Beast
.
He has appeared on News Wars, the award winning PBS series Frontline, and the documentary The Most Dangerous Man in the America – Daniel Ellsberg and the Pentagon Papers, which was nominated for an Academy Award in 2009.
Goodale’s book All About Cable has been cited twice by the U.S. Supreme Court.
from 1977 to 1980, New York University School of Law
from 1983 to 1986 and Fordham Law School from 1986-present.
He founded the Communications Law Seminar at the Practising Law Institute
for media lawyers, which effectively formed the first media and First Amendment bar association for lawyers representing media companies. He chaired the Seminar from 1972 until its 35th anniversary in 2007. It is one of the largest legal seminars in the U.S.
With Yale and the Ford Foundation, he started the Master of Studies in Law and Journalism Program for journalists specializing in law who wish to study one year at Yale Law School
. The program was inaugurated in 1976.
. He served as the board’s Chairman from 1989 to 1994, where he raised CPJ’s profile internationally and significantly increased its budget. His first year as chairman, CPJ had a budget of $300,000 and no endowment. Today, it has a budget of more than $4 million with a $10 million endowment. Goodale has also served on the boards of The New York Times
, New York Times Foundation, National Law Journal, New York Observer
, Human Rights Watch
, Media Law Reporter, Paris Review Foundation, and the International Center for Journalists.
’s decision to turn over reporter Matthew Cooper
’s notes to the grand jury investigating the leak of CIA operative Valerie Plame
’s name to the press. "A public company must protect its assets even if that means going into contempt," Goodale said. "It has an obligation under the First Amendment to protect those assets, and it's in the interest of shareholders to protect those assets.
Goodale called Pearlstine’s decision “disgraceful” and attempted to have him removed from the board of the Committee to Protect Journalists
. Pearlstine published his account of the controversy in a 2007 book Off the Record: The Press, the Government, and the War over Anonymous Sources.
who is President of an international fund-raising firm, T.K. Goodale Associates. They are the parents of Tim (Co-Founder of Teragon Capital Partners, London
) and Ashley (formerly of the NYC Office of Legal Counsel), and the foster parents of Clayton Akiwenzie, a Native-American (Director of Multifamily Capital, Wells Fargo
, San Francisco).
Debevoise & Plimpton
Debevoise & Plimpton LLP is a prominent international law firm based in New York City. Founded in 1931 by Eli Whitney Debevoise and William Stevenson, Debevoise has been a long established leader in corporate litigation and large financial transactions. In recent years, its practice has taken on an...
. He is the former General Counsel and Vice Chairman of The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
and has represented the Times in all four of its cases that have reached the United States Supreme Court. He has also been called “the father of the reporters' privilege
Reporters' Privilege
Reporters' privilege in the United States, is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources"...
.”
He was the leading force behind the Times’ decision to publish the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
in 1971. After the Times’ outside counsel, Lord Day & Lord
Lord Day & Lord
Lord Day & Lord was a large, blue-chip New York City law firm. It was established in 1845 by Daniel Lord, his son Daniel De Forest Lord, and his son-in-law Henry Day. The firm had retained the same name until 1988 when it merged with smaller firm Barrett Smith Simon & Armstrong to become Lord Day &...
, advised the Times against publishing classified information
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
and quit when the United States Justice Department threatened to sue the paper to stop publication, Goodale led his own legal team and directed the strategy that resulted in winning the Supreme Court case of New York Times v. United States.
He created a First Amendment bar association for lawyers representing media companies and conducts a continuing education
Continuing education
Continuing education is an all-encompassing term within a broad spectrum of post-secondary learning activities and programs. The term is used mainly in the United States and Canada...
seminar at the Practising Law Institute
Practising Law Institute
Practising Law Institute is a non-profit continuing legal education organization chartered by the Regents of the University of the State of New York. Founded in 1933, the company organizes and provides CLE programs around the world...
on Communications Law.
He has hosted and produced a half hour TV show Digital Age on WNYE-TV
WNYE-TV
WNYE-TV, channel 25 is an non-commercial educational, independent television station located in New York City, USA. WNYE-TV is part of the NYC Media Group and has its studios located in Brooklyn and Manhattan, and transmitter at the Conde Nast Building....
covering media and legal issues since 1996. He has written over 200 articles on media law and press freedom for many publications, including The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, New York Review of Books and The Daily Beast
The Daily Beast
The Daily Beast is an American news reporting and opinion website founded and published by Tina Brown, former editor of Vanity Fair and The New Yorker as well as the short-lived Talk Magazine. The Daily Beast was launched on October 6, 2008, and is owned by IAC...
.
Goodale has taught for over thirty years at Yale, New York University, and Fordham Law Schools.
Education and Early Career
Goodale was born July 27, 1933 in Cambridge, MassachusettsCambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
. His mother, a college professor, was the daughter of the Shakespearean scholar Oscar James Campbell, Jr. who wrote The Readers Encyclopedia of Shakespeare. Goodale graduated from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1955, which he attended on the William Brinckerhoff Jackson Scholarship. At Yale, he played on the baseball and hockey teams. He received his Juris Doctorate from the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
in 1958, which he attended on a National Honor Scholarship.
From 1959 to 1963, he worked for the Wall Street law firm of Lord Day & Lord
Lord Day & Lord
Lord Day & Lord was a large, blue-chip New York City law firm. It was established in 1845 by Daniel Lord, his son Daniel De Forest Lord, and his son-in-law Henry Day. The firm had retained the same name until 1988 when it merged with smaller firm Barrett Smith Simon & Armstrong to become Lord Day &...
. That firm was also the long time outside counsel of the New York Times. During this time, he also served for six years in the Army Reserve as a strategic and intelligence research analyst, which influenced his views on overclassification and convinced him it was not a crime to publish classified information.
New York Times
At age 29, Goodale set up the legal department at the New York Times and subsequently became its first General Attorney in 1963. In 1964, the Supreme Court decided New York Times v. Sullivan 9-0 in favor of the New York Times, overturning a libel conviction and establishing the modern rules for libel for public figures.In 1967, Goodale spearheaded the financial reorganization of the Times. He advised the Times' publisher Arthur Ochs Sulzberger
Arthur Ochs Sulzberger
Arthur Ochs "Punch" Sulzberger, Sr. to a prominent media and publishing family, is himself an American publisher and businessman. He succeeded his father, Arthur Hays Sulzberger, and maternal grandfather as publisher and chairman of the New York Times in 1963, passing the positions to his son...
to purchase Cowles Communications, a transaction that helped the Times regain profitability. He also conceived and implemented the stock structure which was used to bring the New York Times public, a structure that was later copied by the Washington Post and other media companies.
Pentagon Papers
In March 1971, former Defense Department employee Daniel EllsbergDaniel Ellsberg
Daniel Ellsberg, PhD, is a former United States military analyst who, while employed by the RAND Corporation, precipitated a national political controversy in 1971 when he released the Pentagon Papers, a top-secret Pentagon study of U.S. government decision-making in relation to the Vietnam War,...
leaked the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
to New York Times reporter Neil Sheehan
Neil Sheehan
Cornelius Mahoney "Neil" Sheehan is an American journalist. As a reporter for The New York Times in 1971, Sheehan obtained the classified Pentagon Papers from Daniel Ellsberg. His series in the Times revealed a secret U.S. Department of Defense history of the Vietnam War and resulted in government...
. Executives at the Times argued for three months about whether to publish them or not. Harding Bancroft, the Senior Vice President, Sidney Gruson, Assistant to the Publisher, and the Times outside counsel, Lord Day & Lord
Lord Day & Lord
Lord Day & Lord was a large, blue-chip New York City law firm. It was established in 1845 by Daniel Lord, his son Daniel De Forest Lord, and his son-in-law Henry Day. The firm had retained the same name until 1988 when it merged with smaller firm Barrett Smith Simon & Armstrong to become Lord Day &...
, advised the Times not to publish. Goodale successfully convinced publisher Arthur Ochs Sulzberger
Arthur Ochs Sulzberger
Arthur Ochs "Punch" Sulzberger, Sr. to a prominent media and publishing family, is himself an American publisher and businessman. He succeeded his father, Arthur Hays Sulzberger, and maternal grandfather as publisher and chairman of the New York Times in 1963, passing the positions to his son...
that the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
protected the New York Times from prosecution for publishing classified information.
On June 13, 1971, the Times printed its first articles and documents of the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
. When Attorney General John Mitchell
John Mitchell
-Politics:*John Mitchell *John Mitchel , Irish nationalist*John N. Mitchell , United States Attorney General and Watergate conspirator*John Mitchell , United States Congressman from Pennsylvania...
indicated the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
would sue the New York Times to stop any further publication, Lord Day & Lord refused to represent it and quit the night before the first court hearing. Goodale, along with the law firm of Cahill Gordon & Reindel
Cahill Gordon & Reindel
Cahill Gordon & Reindel LLP is a prominent New York-based international law firm with offices in New York, Washington, D.C. and London...
and Yale Law School professor Alexander Bickel
Alexander Bickel
Alexander Mordecai Bickel was a law professor and expert on the United States Constitution. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint....
, defended the Times in court.
Goodale was the first to develop the now widely accepted arguments that the Espionage Act should not apply to publishers or the press. These arguments were later adopted after the Pentagon Papers trial by District Court Judge Murray Gurfein
Murray Gurfein
Murray Irwin Gurfein was a federal judge in the United States.Born in New York City, Gurfein attended Columbia College and Harvard Law School. After graduating, he served as a law clerk to Judge Julian Mack and then as an Assistant United States Attorney in New York. He also served as an...
. After his decision, the Justice Department dropped the Espionage Act argument from the case.
In a 6-3 decision, the Supreme Court ruled the US government could not stop the Times from publishing the Pentagon Papers, holding that prior restraints were barred by the First Amendment unless the publication “will surely result in direct, immediate, and irreparable damage to our Nation or its people.”
Reporters' Privilege
In January 1970, as part of a wave of subpoenas issued to national reporters, New York Times reporter Earl Caldwell was subpoenaed by the US Justice Department. Media organizations such as Newsweek, Time, and Life magazines complied with their subpoenas, but Goodale caused the New York Times and Caldwell to challenge Caldwell’s subpoena. Caldwell and the Times argued in court he did not have to answer questions from a grand jury about the identity of his sources because, as a member of the press, he was protected by the First Amendment. Caldwell and the New York Times won in the 9th Circuit Court of Appeals, thereby establishing reporters' privilegeReporters' Privilege
Reporters' privilege in the United States, is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources"...
for the first time in any court.
In 1972, Caldwell v. United States was merged with two other similar cases at the Supreme Court and became known as Branzburg v. Hayes
Branzburg v. Hayes
Branzburg v. Hayes, 408 U.S. 665 , was a landmark United States Supreme Court decision invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury. The case was argued February 23, 1972 and decided June 29 of the same year. The reporter lost his...
. Goodale crafted the media’s strategy at the Supreme Court level. In a 5-4 decision, the Supreme Court overurned Caldwell's case and held reporters, in the circumstances of the case, do not have a First Amendment right to protect their sources and defy a subpoena. Justice Powell’s concurrence with the majority was the swing vote.
Goodale subsequently wrote an article for the Hastings Law Journal in which he argued that Justice Powell’s concurrence with the majority actually argued for a qualified reporter’s privilege, “though, on its face, their ruling said just the opposite.” He argued the Court’s ruling was narrow and so the reporter’s privilege should be judged on a case-by-case basis.
Using his article as a basis for protecting reporters’ sources, he persuaded other media companies, such as Time, NBC, CBS, and the Washington Post to refuse to comply with government subpoenas. He argued using the power of contempt to resist requests for sources would cause state and federal courts, as well as state legislatures, to recognize a qualified reporters’ privilege. This strategy succeeded, as over 1000 reporters privilege cases have been brought before state and federal court since his Hastings Law Review article, while only two or three were brought before. Thirty nine states now have some form of a reporter’s shield law, ten other states have a common law privilege, and most federal circuits recognize a reporter’s privilege as well—many using the language proposed in Goodale’s law review article.
Goodale’s interpretation of Powell’s concurrence was confirmed in 2007, when notes of Powell’s were discovered saying reporter’s privilege cases should be decided on a case-by-case basis.
In October 1973, Vice President Spiro Agnew
Spiro Agnew
Spiro Theodore Agnew was the 39th Vice President of the United States , serving under President Richard Nixon, and the 55th Governor of Maryland...
subpoenaed reporters for the New York Times and Washington Post for its sources on a story detailing the confidential criminal investigation into Agnew’s dealings when he was Governor of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. Instead of complying with the subpoenas, Goodale devised a strategy whereby the reporters’ notes would be given to New York Times publisher A.O. Sulzberger and Washington Post owner Katherine Graham and they would refuse to hand them over to the court. If Agnew wanted the reporters’ notes, the judge would have to send the owners of the two biggest newspapers in the country to jail. Agnew’s subpoenas were dropped after he resigned the Vice Presidency the following month.
In 1978, New York Times reporter Myron Farber was subpoenaed by a New Jersey state court in the murder trial of Dr. Mario Jascalevich and refused to testify on the advice of Goodale. He subsequently caused Farber and the Times to go into contempt of court. Farber spent 40 days in jail and the New York Times was fined a total of $101,000 dollars. The Governor later returned the fines and New Jersey passed a state law providing reporters a qualified privilege in response to the case.
Because of his work at the New York Times, his law review article and subsequent media law seminars, Goodale has been called the “father of reporter’s privilege.”
Post-New York Times Career
Goodale joined Debevoise & PlimptonDebevoise & Plimpton
Debevoise & Plimpton LLP is a prominent international law firm based in New York City. Founded in 1931 by Eli Whitney Debevoise and William Stevenson, Debevoise has been a long established leader in corporate litigation and large financial transactions. In recent years, its practice has taken on an...
in 1980, bringing the New York Times as a client with him. He established two practice groups, one for the representation of media companies, particularly new media companies such as cable television, the other for First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
litigation.
At Debevoise, he or his groups have represented The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, the Hearst Corporation
Hearst Corporation
The Hearst Corporation is an American media conglomerate based in the Hearst Tower, Manhattan in New York City, New York, United States. Founded by William Randolph Hearst as an owner of newspapers, the company's holdings now include a wide variety of media...
, NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
, Cablevision, the New York Observer
New York Observer
The New York Observer is a weekly newspaper first published in New York City on September 22, 1987, by Arthur L. Carter, a very successful former investment banker with publishing interests. The Observer focuses on the city's culture, real estate, the media, politics and the entertainment and...
, Paris Review
Paris Review
The Paris Review is a literary quarterly founded in 1953 by Harold L. Humes, Peter Matthiessen and George Plimpton. Plimpton edited the Review from its founding until his death in 2003. In its first five years, The Paris Review published works by Jack Kerouac, Philip Larkin, V. S...
, Infinity Broadcasting, the NFL, NHL, and NBA. He has personally represented George Plimpton
George Plimpton
George Ames Plimpton was an American journalist, writer, editor, and actor. He is widely known for his sports writing and for helping to found The Paris Review.-Early life:...
, Harry Evans
Harry Evans
Harold "Harry" Evans was the manager of Blackpool F.C. between 1928 and 1933. After the resignation of Sydney Beaumont, the Blackpool directors, concerned about financial pressure, decided against appointing a full-time replacement and instead appointed Evans, also a director of the club, with the...
, Tina Brown
Tina Brown
Tina Brown, Lady Evans, CBE , is a journalist, magazine editor, columnist, talk-show host and author of The Diana Chronicles, a biography of Diana, Princess of Wales. Born a British citizen, she took United States citizenship in 2005 after emigrating in 1984 to edit Vanity Fair...
, Margaret Truman
Margaret Truman
Mary Margaret Truman Daniel , also known as Margaret Truman or Margaret Daniel, was an American singer who later became a successful writer. The only child of US President Harry S...
, and former New York City Mayor John Lindsay
John Lindsay
John Vliet Lindsay was an American politician, lawyer and broadcaster who was a U.S. Congressman, Mayor of New York City, candidate for U.S...
.
In 2001, Debevoise & Plimpton
Debevoise & Plimpton
Debevoise & Plimpton LLP is a prominent international law firm based in New York City. Founded in 1931 by Eli Whitney Debevoise and William Stevenson, Debevoise has been a long established leader in corporate litigation and large financial transactions. In recent years, its practice has taken on an...
represented the New York Times in the Supreme Court case of New York Times Co. v. Tasini
New York Times Co. v. Tasini
New York Times Co. v. Tasini, 533 U.S. 483 , is a leading decision by the United States Supreme Court on the issue of copyright in the contents of a newspaper database...
. This was the fourth case Goodale represented the New York Times at the Supreme Court.
As counsel to George Plimpton
George Plimpton
George Ames Plimpton was an American journalist, writer, editor, and actor. He is widely known for his sports writing and for helping to found The Paris Review.-Early life:...
, Goodale convinced Plimpton to turn The Paris Review into a foundation. Over the initial rejections of Plimpton, Goodale’s decision to make the literary magazine a non-profit foundation ensured The Paris Review would survive beyond Plimpton’s 2003 death. Plimpton had been the magazine’s editor since 1953.
Goodale also assisted in the creation of the New York Observer, which was founded by Arthur L. Carter
Arthur L. Carter
Arthur L. Carter is an investment banker, publisher, and artist.He graduated from Brown University in 1953 with a degree in French literature....
. Goodale also arranged for Carter to purchase The Nation
The Nation
The Nation is the oldest continuously published weekly magazine in the United States. The periodical, devoted to politics and culture, is self-described as "the flagship of the left." Founded on July 6, 1865, It is published by The Nation Company, L.P., at 33 Irving Place, New York City.The Nation...
magazine from Victor Navasky
Victor Navasky
Victor Saul Navasky is a professor at the Columbia University Graduate School of Journalism. He was editor of The Nation from 1978 until 1995, and its publisher and editorial director 1995 to 2005. In November 2005 he became the publisher emeritus...
, which was, in turn, re-purchased by Navasky.
Television and Print
From 1995 to 2010, he hosted and produced Digital Age, a television program on WNYE-TV, initially a PBS station, which reaches 10 million homes in the New York metropolitan area. His guests have included Ben Bradlee, Arthur O. Sulzberger, Jr., Walter CronkiteWalter Cronkite
Walter Leland Cronkite, Jr. was an American broadcast journalist, best known as anchorman for the CBS Evening News for 19 years . During the heyday of CBS News in the 1960s and 1970s, he was often cited as "the most trusted man in America" after being so named in an opinion poll...
, Tom Brokaw
Tom Brokaw
Thomas John "Tom" Brokaw is an American television journalist and author best known as the anchor and managing editor of NBC Nightly News from 1982 to 2004. He is the author of The Greatest Generation and other books and the recipient of numerous awards and honors...
, Arthur Schlesinger
Arthur Schlesinger
Arthur Schlesinger may refer to:*Arthur M. Schlesinger, Sr. , American historian and professor at Harvard University*Arthur M. Schlesinger, Jr. , his son, American historian, social critic and former John F. Kennedy associate...
, Henry Kissinger
Henry Kissinger
Heinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...
, Dan Rather
Dan Rather
Daniel Irvin "Dan" Rather, Jr. is an American journalist and the former news anchor for the CBS Evening News. He is now managing editor and anchor of the television news magazine Dan Rather Reports on the cable channel HDNet. Rather was anchor of the CBS Evening News for 24 years, from March 9,...
, Chuck Schumer, and Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
. He is presently the co-producer of the program.
He conceived, with Fred Friendly, Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
’s media and society seminars. The program still airs on PBS
Public Broadcasting Service
The Public Broadcasting Service is an American non-profit public broadcasting television network with 354 member TV stations in the United States which hold collective ownership. Its headquarters is in Arlington, Virginia....
television as the “Fred Friendly Seminars.”
Since 1977 he has written a column in the New York Law Journal
New York Law Journal
The New York Law Journal, founded in 1888, is a legal periodical covering the legal profession in New York, United States. The newspaper covers legal news, decisions, court calendars, and legislation, and provides analysis and insight in columns written by leading professionals...
on “Communications and Media Law.” His articles on the First Amendment have been published in The Stanford and Hastings Law Reviews, The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, The New York Review of Books
The New York Review of Books
The New York Review of Books is a fortnightly magazine with articles on literature, culture and current affairs. Published in New York City, it takes as its point of departure that the discussion of important books is itself an indispensable literary activity...
(cover piece), The Nation
The Nation
The Nation is the oldest continuously published weekly magazine in the United States. The periodical, devoted to politics and culture, is self-described as "the flagship of the left." Founded on July 6, 1865, It is published by The Nation Company, L.P., at 33 Irving Place, New York City.The Nation...
, The Nieman Report, The New York Observer, The National Law Journal
The National Law Journal
The National Law Journal, a U.S. periodical founded in 1978, reports legal information of national importance to attorneys, including federal circuit court decisions, verdicts, practitioners' columns, coverage of legislative issues and legal news for the business and private sectors.The...
and The Daily Beast
The Daily Beast
The Daily Beast is an American news reporting and opinion website founded and published by Tina Brown, former editor of Vanity Fair and The New Yorker as well as the short-lived Talk Magazine. The Daily Beast was launched on October 6, 2008, and is owned by IAC...
.
He has appeared on News Wars, the award winning PBS series Frontline, and the documentary The Most Dangerous Man in the America – Daniel Ellsberg and the Pentagon Papers, which was nominated for an Academy Award in 2009.
Goodale’s book All About Cable has been cited twice by the U.S. Supreme Court.
Teaching
Goodale has taught at Yale Law SchoolYale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
from 1977 to 1980, New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
from 1983 to 1986 and Fordham Law School from 1986-present.
He founded the Communications Law Seminar at the Practising Law Institute
Practising Law Institute
Practising Law Institute is a non-profit continuing legal education organization chartered by the Regents of the University of the State of New York. Founded in 1933, the company organizes and provides CLE programs around the world...
for media lawyers, which effectively formed the first media and First Amendment bar association for lawyers representing media companies. He chaired the Seminar from 1972 until its 35th anniversary in 2007. It is one of the largest legal seminars in the U.S.
With Yale and the Ford Foundation, he started the Master of Studies in Law and Journalism Program for journalists specializing in law who wish to study one year at Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
. The program was inaugurated in 1976.
Boards
From 1989 to the present, Goodale has been a board member of the Committee to Protect JournalistsCommittee to Protect Journalists
The Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
. He served as the board’s Chairman from 1989 to 1994, where he raised CPJ’s profile internationally and significantly increased its budget. His first year as chairman, CPJ had a budget of $300,000 and no endowment. Today, it has a budget of more than $4 million with a $10 million endowment. Goodale has also served on the boards of The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, New York Times Foundation, National Law Journal, New York Observer
New York Observer
The New York Observer is a weekly newspaper first published in New York City on September 22, 1987, by Arthur L. Carter, a very successful former investment banker with publishing interests. The Observer focuses on the city's culture, real estate, the media, politics and the entertainment and...
, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, Media Law Reporter, Paris Review Foundation, and the International Center for Journalists.
Controversy
In 2005, Goodale criticized Time Magazine editor Norman PearlstineNorman Pearlstine
Norman Pearlstine joined Bloomberg L.P. in June 2008 as chief content officer, a newly-created position. In this role Pearlstine is charged with seeking growth opportunities for Bloomberg’s television, radio, magazine, and online products and to make the most of the company’s news operations.Prior...
’s decision to turn over reporter Matthew Cooper
Matthew Cooper
Matthew Cooper may refer to:* Matthew Cooper , American journalist associated with the leaking of CIA agent Valerie Plame's name...
’s notes to the grand jury investigating the leak of CIA operative Valerie Plame
Valerie Plame
Valerie Elise Plame Wilson , known as Valerie Plame, Valerie E. Wilson, and Valerie Plame Wilson, is a former United States CIA Operations Officer and the author of a memoir detailing her career and the events leading up to her resignation from the CIA.-Early life :Valerie Elise Plame was born on...
’s name to the press. "A public company must protect its assets even if that means going into contempt," Goodale said. "It has an obligation under the First Amendment to protect those assets, and it's in the interest of shareholders to protect those assets.
Goodale called Pearlstine’s decision “disgraceful” and attempted to have him removed from the board of the Committee to Protect Journalists
Committee to Protect Journalists
The Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
. Pearlstine published his account of the controversy in a 2007 book Off the Record: The Press, the Government, and the War over Anonymous Sources.
Personal Life
Mr. Goodale is married to the former Toni Krissel of New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
who is President of an international fund-raising firm, T.K. Goodale Associates. They are the parents of Tim (Co-Founder of Teragon Capital Partners, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
) and Ashley (formerly of the NYC Office of Legal Counsel), and the foster parents of Clayton Akiwenzie, a Native-American (Director of Multifamily Capital, Wells Fargo
Wells Fargo
Wells Fargo & Company is an American multinational diversified financial services company with operations around the world. Wells Fargo is the fourth largest bank in the U.S. by assets and the largest bank by market capitalization. Wells Fargo is the second largest bank in deposits, home...
, San Francisco).