LA Copyright Society

Upcoming Event:

April 28, 2026 at noon PT

via Zoom

Real Stories, Real Risks: Vetting for Defamation and Privacy Issues in Fact-Based Content

Fact-based film and television content has never been more popular—or more legally fraught. From prestige limited series dramatizing real-world scandals to documentaries that name names and assign blame, producers are navigating a minefield of defamation, privacy, and right of publicity claims. Recent years have brought a wave of high-profile litigation: suits against Netflix over Inventing Anna, Baby Reindeer, and When They See Us; a $385,000 privacy verdict against Netflix in the Our Father documentary case; dismissals hard-won on First Amendment grounds in the Chris Brown: A History of Violence matter; and ongoing battles over docuseries like Quiet on Set and Operation Varsity Blues. The landscape is shifting—and the stakes have never been higher.

This panel brings together five seasoned content attorneys to walk through the full arc of the vetting process for fact-based content, from pre-production through marketing and release. The discussion will cover topics such as: how rights acquisition decisions shape legal exposure; the evolving standards for defamation and privacy claims against public and private figures; how courts are treating disclaimers (and when they don't help); the unique risks of composite characters and ancillary figures; and the practical challenges of ensuring legal guidance reaches not just producers and editors, but also casting, marketing, and talent.

Whether you advise studios, streamers, or independent producers, or simply want to understand the legal architecture behind the content you watch, this program offers practical guidance you can use.

Speakers

Joanne Bressler is a Senior Vice President in the Legal Affairs group for HBO & HBO Max which provides legal guidance on all of HBO and HBO Max’s scripted, original programming, including series, limited series, films and documentaries. Joanne handles all legal matters from project pitch through development and production and promotion for her projects. With an expertise in fact-based programming, Joanne provides guidance with respect to copyright, trademark, defamation, right-of-publicity and First Amendment matters for HBO and HBO Max programs including, “We Own This City,” “Winning Time,” “The Gilded Age,” “White House Plumbers,” and “Chernobyl.” Prior to joining HBO in 2004, Joanne was an associate in the Entertainment Department of Davis Wright Tremaine, LLP. Before obtaining her J.D. from Loyola Law School, Joanne worked in the advertising industry as a producer of print campaigns and obtained her B.A. in Art History and English Literature from Tufts University.

David Halberstadter is a Partner and Deputy General Counsel at Katten Muchin Rosenman LLP. With 40 years of practice representing motion picture studios, production companies, television networks, and new media companies, David has established a reputation as a no-nonsense advisor and skilled litigator in entertainment intellectual property disputes. His work encompasses copyright infringement, defamation, rights of publicity and privacy, and First Amendment matters, and he regularly reviews source materials and rights agreements to help clients assess the risks of adapting real events for film and television.

Regularly ranked among leading litigators in the entertainment industry, David has earned recognition in multiple industry and legal publications including Best Lawyers in America, The Legal 500, and Variety. Named in Chambers USA for 10 consecutive years in the Media and Entertainment: Litigation category, he has been lauded for his counseling and client service.

Robert S. Gutierrez is Counsel at Ballard Spahr LLP in Los Angeles, where he defends clients across the entertainment industry in contract, ownership, and royalty disputes; idea submission and right of publicity claims; and in matters involving allegations of copyright infringement, defamation, invasion of privacy, unfair competition, and fraud. He also provides chain of title analysis and clearance review of books, screenplays, documentaries, and films.

Robert has served on the Board of Trustees of the Los Angeles Copyright Society and is a member of the Media Law Resource Center. He has been recognized in The Best Lawyers in America for Entertainment Law – Motion Pictures and Television from 2024 through 2026.

Moderators

Samantha Kantor is an entertainment attorney and executive serving as Vice President of Intellectual Property at Sony Pictures Entertainment. She oversees intellectual property, script and title clearance, and trademark matters across film, television, and emerging media, while advising creative teams on legal issues such as fair use, defamation, privacy, and rights management. She also negotiates key agreements and contributes to company policy on evolving areas like artificial intelligence.

Previously, Samantha held senior legal roles at HBO, Starz/Lionsgate, and Whalerock Industries, where she supported original programming from development through production, negotiating talent and production deals and assessing legal risk. Prior to going in-house, Samantha clerked in the Eastern District of California and worked as a litigation associate at Hogan Lovells. She earned her J.D. from the University of Pennsylvania Law School and her B.A. with honors from Wesleyan University. Samantha is admitted to practice in California and New York.

Jeffrey Payne is Of Counsel at Jassy Vick Carolan LLP, where he represents entertainment, media, music, and fashion clients nationwide, with a focus on copyright, trademark, and First Amendment litigation and pre-litigation counseling; clearance and vetting; production legal; and brand enforcement. Jeff brings unique insight into the entertainment industry’s complex deals and accompanying business and legal needs, having spent time as a business and legal affairs executive at Showtime Networks. Jeff also has broad experience representing clients in state and federal trial courts, appellate courts, arbitration, mediation, and in connection with internal and government investigations