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KATHERINE A. FALLOW
Events
News
Practice Groups:
· Litigation Department
· Media and First Amendment
· Creative Content

Education:
· Harvard Law School,  J.D.,  1996,  magna cum laude; Editor, Harvard Civil Rights-Civil Liberties Law Review
· University of California, Berkeley,  B.A.,  1991,  Highest Honors; Phi Beta Kappa

Admissions:
· District of Columbia, 1999
· Massachusetts (inactive), 1996

Courts:
· U.S. Court of Appeals, Eleventh Circuit

Judicial Clerkships:
· Hon. Rosemary Barkett, U.S. Court of Appeals, Eleventh Circuit, 1997 - 1998
· Hon. Robert E. Keeton, U.S. District Court, District of Massachusetts, 1996 - 1997


KATHERINE A. FALLOW, Partner
Publications

Washington, DC Office
Office: (202) 637-6329
Fax: (202) 639-6066
Email: kfallow@jenner.com
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Katherine A. Fallow is a partner in Jenner & Block’s Washington, DC office.  She is a member of the Firm’s Litigation Department and its Media and First Amendment, and Creative Content Practices.  Ms. Fallow also is Co-Chair of the Firm's Hiring Executive Committee and Co-Chair of the Hiring Committee for the Firm's Washington, DC office.

Ms. Fallow has litigated First Amendment, traditional media, and new media cases at the trial and appellate level.  She has also counseled clients on government regulation of expression.  Her First Amendment and media practice has included:

  • Successfully representing video game makers and retailers in their constitutional challenges to numerous state laws restricting the content of video games.

  • Representing the American Library Association at trial and before the Supreme Court in its challenge to the federal Children’s Internet Protection Act.

  • Filing amicus briefs in the Supreme Court on a number of important First Amendment issues, including the reporter’s privilege, fighting words, defamation, and regulation of nude dancing.

  • Recently filing a petition for a writ of certiorari in a case raising significant First Amendment questions concerning the regulation of nudity on cable television.

  • Successfully defending a professional medical association against defamation and Lanham Act claims based on an article published in the association’s journal.

Ms. Fallow also represents the recording, motion picture, and video game industries in their efforts to stop digital piracy.  In 2004, Ms. Fallow represented the video game industry in a successful suit against a producer of video game copying software.  She currently represents motion picture studios in lawsuits against the latest generation of peer-to-peer file-sharing systems.

Ms. Fallow graduated Phi Beta Kappa and with highest honors from the University of California at Berkeley in 1991.  She received her J.D., magna cum laude, from Harvard Law School in 1996, where she was an editor of the Harvard Civil Rights-Civil Liberties Law Review.  She served as a law clerk to the Honorable Robert E. Keeton of the United States District Court for the District of Massachusetts (1996-97) and the Honorable Rosemary Barkett of the United States Court of Appeals for the Eleventh Circuit (1997-98).  Ms. Fallow is a member of the bar of the District of Columbia and Massachusetts (inactive) as well as the United States Supreme Court, and numerous federal courts of appeals.  She is an active member of the DC Bar's Media and Law Committee, and is a frequent contributor to the ABA’s Communications Lawyer.



Publications:

  • "Courtside," Communications Lawyer, Vol. 26, No. 2, March 2009
  • “Courtside,” Communications Lawyer, Vol. 25, No. 4, July 2008
  • "Courtside," Communications Lawyer, Vol. 25, No. 2, Summer 2007
  • Co-author: "Bam! Pow! Splat! Ssssss...: FCC's Proposal to Restrict Violence on Television Won't Work for the Constitution or the Kids," Legal Times, Vol. 30, No. 19, May 7, 2007
  • "Courtside," Communications Lawyer, Vol. 24, No. 4, Winter 2007
  • "Government Gone Wild: Regulations for 'Explicit' Materials Move Into the Mainstream" Law.com, February 20, 2007
  • "Courtside," Communications Lawyer, Vol. 24, No. 3, Fall 2006
  • "Attack on Violent Video Games," Communications Lawyer, Vol. 24, No. 1, Spring 2006
  • "The Journalist's Privilege," Testimonial Privileges, Thomson West, 3d ed., 2005
  • "The Big Chill? Congress and the FCC Crack Down on Indecency," Communications Lawyer, Vol. 22, No. 1, Spring 2004
  • Jenner & Block Client Alert: Terrorism Risk Insurance Act, March 2003


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