Biography

Laura Lee Prather focuses her practice on First Amendment privacy, and intellectual property counseling and litigation arising out of both traditional and online media contexts. She is also an advocate and lobbyist for open government and First Amendment concerns at the Legislature. An expert in the industry, her practice includes general commercial, tax and employment work for media clients as well. She is a leading authority in media law serving an extensive array of content providers including online and traditional newspapers, magazines, radio and broadcasters, cable television stations, production companies and music and sports entities.  She regularly wins early dismissal and summary judgment – oftentimes without the expense of discovery. 

She was the lead author and negotiator for the two most significant pieces of First Amendment legislation in recent history in Texas – both the reporters’ privilege and the anti-SLAPP statute. Through her lobbying efforts, Ms. Prather both formed and led the coalition on the anti-SLAPP bill, House Bill 2973, in the State of Texas this last session. This bill was passed unanimously in both the House and the Senate and was signed by the Governor of Texas on June 17, 2011. The bill is designed to deter frivolous lawsuits directed at newsrooms and media personnel.

Ms. Prather was recently named by The American Lawyer as one of the best young women lawyers in the nation. She was recognized for her substantial career as a fierce advocate dedicated to preserving the First Amendment – defending media companies in cases involving privacy rights, alleged defamation, and trademark and copyright infringement. In addition, Ms. Prather is the first woman to receive Texas Daily Newspaper Association’s “Legacy Award,” and has been named Texas Association of Broadcasters' “Associate of the Year” and as one of Texas Lawyer’s “Extraordinary Women in Texas Law.”    

Published Decisions

• McClain v. USA Today Newspaper, 2010 WL 2404651 (Tex. App. – Dallas 2010).
• In re Rabb, 293 S.W. 3d 865 (Tex. App. – Dallas 2009, no pet.).
• Rosenfeld v. Twentieth Century Fox Film Corp., 37 Med. L. Rptr. 1348 (C.D. Cal. 2009).
• Huffman v. Best for Texas PAC, 37 Med. L. Rptr. 1351 (Tx. Dist. Ct.–Harris Co. 2008).
• KENS-TV, Inc. v. Farias, 36 Media L. Rep. 1076 (Tex. App.-Dallas 2007, no pet.).
• In re BP Products North America Inc., 263 S.W.3d 117 (Tex. App. – Hou. [1st Dist.] 2006, no pet.).
• Topheavy Studios, Inc. v. Doe, 33 Media L. Rep. 2192 (Tex. App. – Austin 2005, no pet.).
• Boone R. Enterprises, Inc. v. Fox Television Stations, Inc., Paul Adrian and Ernestor Pena, 189 S.W. 3d 795, (Tex. App.-Dallas 2005, no pet.).
• UTV of San Antonio, Inc. d/b/a KMOL-TV v. Ardmore, Inc., 82 S.W.3d 609 (Tex. App.–San Antonio 2002, no pet.).
• Provencio v. Paradigm Media, Inc., d/b/a The Texas Network, 44 S.W.3d 677 (Tex. App.–El Paso 2001, no pet.).
• NW Communications of Texas, Inc., David Christopher and Kay Vinson v. John Power, Individually and d/b/a Brushield Systems of America, 28 Media L. Rep. 2483 (Tex. App.–Dallas 2000, pet. denied).
• Sharp v. Cox Texas Publications, Inc., 943 S.W.2d 206 (Tex. App.–Austin 1997, no writ).
• Memorial Hospital-The Woodlands v. The Honorable F. Scott McCown, 927 S.W.2d 1 (Tex. 1996).

Affiliations, Activities and Accomplishments

Ms. Prather is admitted to practice before the U.S. Courts of Appeals for the Fifth, Ninth, and Tenth Circuit Courts of Appeals.  She is a member of the Texas, California, District of Columbia and New York bars. In addition to her private practice, she has served as the program attorney for the national television shows Christina’s Court and Judge Alex, serves as an adjunct professor at the University of Texas School of Law in Media & Entertainment Law, and was the editor of the E-Copyright Law Handbook published by Aspen Law and Business.

Ms. Prather works on legislative initiatives and lobbying as a member of the Texas Association of Broadcasters' Legislative Task Force, the Public Participation Project’s National Board of Directors, the General Counsel for the Legislative Advisory Committee of the Texas Daily Newspaper Association and the Texas Press Association, and as a co-chair of the Freedom of Information Foundation of Texas’ Legislative Committee.  She has also initiated and chairs the Media Libel Resource Center’s State Legislative Committee, bringing together lobbyists from virtually every state that works on legislation impacting the media industry and government transparency. Ms. Prather has been elected to the National Board of Directors for the Student Press Law Center for the 2011-13 term.

On a national level, Ms. Prather recently served as a co-chair for the American Bar Association's Women in Communications Law Committee, has been on the editorial board of the American Bar Association's Litigation magazine since 2004, and was a co-chair of the American Bar Association's First Amendment and Media Litigation Committee from 2005-2009.  She currently serves as Internet chair for the American Bar Association’s Forum on Communications Law and chair of the Media Libel Resource Center’s State Legislative Committee. On a statewide level, Ms. Prather was appointed by the governor of Texas to serve on the Personal Privacy Task Force in 2002 and currently serves on the Arbitration Working Group appointed by Chairman Todd Hunter. In 2006, she was elected to be a member of the board of directors for the Texas Association of Broadcasters—a position she still holds as an ex-officio member of the board. She is also immediate-past president of the Freedom of Information Foundation of Texas and co-chair of its Legislative Committee. Locally, she is active in community affairs and serves on the board of directors for public broadcast station KLRU. She is a member of the College of the State Bar and the Travis County Women Lawyers’ Association. She previously served on the board of directors for the Colorado River Foundation, and on the advisory board for the Center for Child Protection. Ms. Prather is also a 1998-1999 graduate of Leadership Austin.

In January 2011, Ms. Prather was named as one of the top 45 women lawyers in the nation younger than age 45 by The American Lawyer. In March 2010, the Texas Daily Newspaper Association presented Ms. Prather with the “Legacy Award.”  In 2009, she was named “Associate of the Year,” by the Texas Association of Broadcasters honoring an individual for outstanding service to the industry or for significant accomplishments.  In 2008, Ms. Prather was profiled by Texas Lawyer as an "Extraordinary Women in Texas Law," a recognition of the state’s top 30 leading women lawyers. She received the Texas Association of Broadcasters’ Award of Honor for her “Outstanding Efforts in the Continuing Battle to Pass the Texas Free Flow of Information Act” during the 80th Legislature, 2007 Regular Session. She was chosen as a “Rising Star in the Legal Field” by the Austin Business Journal in 2004, as one of the top 10 "Up-and-Comers on the Texas Legal Scene" by the Texas Lawyer for the year 2000, and was selected as the “Lawyer of the Year in Austin Under 40” in 2001. In 2005, she was awarded the Special President's Award by the Texas Association of Broadcasters for her contribution to the broadcast industry. 

Texas Free Flow Information Act

In May 2009, Texas became the 37th state to enact a reporter’s privilege when Gov. Rick Perry signed the Texas Free Flow Information Act.  Ms. Prather represented the Texas Daily Newspaper Association, the Texas Press Association, the Texas Association of Broadcasters and the Freedom of Information Foundation of Texas on this issue. She was at the forefront of the efforts to get this law passed since 2005 and 2007. She was the chief drafter and negotiator for the Free Flow of Information Act and testified multiple times before various legislative committees in the process of gaining its passage.

Publications and Presentations

• Author, “Passage Of The Texas Anti-SLAPP Statute – How It Happened And What It Could Mean For You!” Media, Privacy and Defamation Law Committee Newsletter, Fall 2011.
• Author, “Newspapers Benefit from Anti-SLAPP Law,” Daily Tribune, July 22, 2011.
• Author, “Texas Newsrooms Will Benefit from Anti-SLAPP Law,” Texas Daily Newspaper Association e-Bulletin, July 15, 2011.
• Author, “Primer on Texas Anti-SLAPP Statute,” Freedom of Information Foundation of Texas (FOIFT) website, July 15, 2011.
• Author, “Texas Newsrooms Will Benefit from Anti-SLAPP Law Protecting First Amendment Rights,” Texas Association of Broadcasters Bulletin, July 11, 2011.
• Author, “Passage of the Texas Anti-SLAPP Statute,” MLRC Media Law Letter, July 2011. 
• Co-author, “Strategies for Efficiently and Economically Winning a Media Case,” ABA/TIPS Media Newsletter, Spring 2011.
• Panelist, “Public Access, Privacy and Open Government,” Annual Convention of the Texas Association of Licensed Investigators, San Antonio, TX, February 18, 2011.
• Panelist, “Reporter’s Privilege and Anti-SLAPP,” ABA Forum on Communications Law 16th Annual Conference, Rancho Mirage, CA, February 3-5, 2011.
• Panelist, “The Texas Legislative Process: What Every Lawyer Should Know and Transparency in Government,” State Bar of Texas, Austin, TX, February 1, 2011.
• Author, “How to Prevent the Sting of a SLAPP,” Sedgwick’s Media Law Bulletin and the website of the Freedom of Information Foundation of Texas, November 2010.
• Co-author, Reporter's Privilege Compendium, published by The Reporters Committee for Freedom of the Press, Copyright 2010. 
• Speaker, “Ask an Attorney,” Southwest Broadcast Newsroom Workshop, Austin, Texas, October 16, 2010.
• Speaker, “Texas Free Flow of Information Act,” Texas Associated Press Managing Editors 2010 Annual Convention, College Station, Texas, March 27, 2010.
• Moderator, “Hot Issues in Reporters Privilege/Subpoenas,” ABA Forum on Communications Law 15th Annual Conference, Key Largo, FL, January 28-30, 2010.
• Moderator, “Alternative Billing Arrangements” at the Women in Communications Law Committee meeting, ABA Forum on Communications Law 15th Annual Conference, Key Largo, FL, January 28-30, 2010.
• Speaker, “The Lawful Truth: Discussing Issues in Mass Communication Law,” Association for Women in Communications, Austin, TX, October 21, 2009.
• Author, “Appeals Court Thwarts Attempt to Gut Shield Bill Provision,” Texas Press Messenger, September 2009.
• Author, “Let the Free Flow of Information Begin - Texas Adopts 'Reporter's Privilege',” Texas Press Association’s eBulletin, July 2009.
• Speaker, “Legislative Update on Free Flow Act,” Texas Press Association Annual Convention, June 19, 2009.
• Author, “Texas Becomes Number 37 in States that have a Reporter’s Privilege,” MLRC Media Law Letter, May 2009.  
• Moderator, “The Television Decency Cases: Are F-Words and Fleeting Expletives Sanctionable?,” American Bar Association Section of Litigation Annual Conference, April 30, 2009.
• Speaker, “Hot Issues in Subpoenas,” American Bar Annual Conference Forum on Communications Law, Scottsdale, AZ, February 5, 2009.
• Speaker, “Advancing the Free Flow of Information Act,” Texas Association of Broadcasters Legislative Day on the Free Flow Initiative, Austin, TX, February 2, 2009.
• Panelist, “Freedom of Information/Open Government Panel,” Texas Associated Press Managing Editor's Legislative Conference, Austin, TX, January 7, 2009.
• Author, “Golly, I Just Got Fined by the FCC Again!,” Sedgwick’s Media Law Bulletin, January 2009.
• Author, “Recent Attempts to Enact State Shield Laws,” MLRC Committee Report, December 2008.
• Speaker, “Newsroom Legal Issues / Free Flow of Information Act (FFOIA),” Southwest Broadcast Newsroom Workshop, Austin, TX, October 4, 2008.
• Speaker on co-authored article, “What the $#*& is up with the fleeting expletives (and fleeting images)?,” State Bar of Texas - 18th Annual Entertainment Law Institute, October 2-3, 2008.
• Speaker, “The Journalist's Privilege and Shield Law,” Austin Bench Bar Conference, San Antonio, TX, April 18, 2008.
• Speaker, “Free Flow of Information,” Texas Daily Newspaper Association's Statewide Convention, Austin, TX, March 11, 2008.
• Facilitator,“Hot Issues in Newsgathering,” American Bar Association Forum on Communications Law 13th Annual Conference, Boca Ratón, FL, February 2008.
• Speaker,“The Resurgence of Free Flow Initiatives: A Case Study of What Transpired in Texas,” American Bar Association, First Amendment and Media Litigation Newsletter, Volume 13, No. 1 (Fall 2007).
• Moderator,“Issues of Light: Have the Watchdogs Been Leashed?” moderator at the 2007 Bernard and Audre Rapoport Freedom of Information Foundation of Texas State Conference, Austin, TX, September 20, 2007.
• Author,“Political Advertising - The New Hot Bed of Libel Litigation in Texas,” MLRC Media Law Letter, August 2007.
• Keynote Speaker, Texas Association of Broadcasters Leadership Breakfast, Austin, TX, August 10, 2007.
• Facilitator, “Hot Issues in Newsgathering,” American Bar Association Forum on Communications Law 12th Annual Conference, Key Largo, FL, February 2007.
• Panelist, "Building Successful Professional Relationships," American Bar Association's Women In Communications Law Forum, Key Largo, FL, February 2007.
• Speaker, Texas Association of Broadcasters Legislative Day, Austin, TX,  January 2007.
• Author, “Recent Developments in Media, Privacy and Defamation Law,” Tort Trial and Insurance Practice Law Journal, Winter 2006.
• Presenter, “General Newsroom:  Media Law & FOI Issues,” Texas Association of Broadcasters Workshop, October 2006. 
• Facilitator, “Protecting the First Amendment in Challenging Times,” Newspaper Association of America/National Association of Broadcasters/Media Libel Resource Center National Libel Conference, Arlington, VA, September 2006.
• Facilitator, “Hot Issues in Newsgathering,” American Bar Association Forum on Communications Law 11th Annual Conference La Quinta, CA, January 2006.
• Faculty member for the Training & Development Committee at the American Bar Association Forum on Communications Law 11th Annual Conference, La Quinta, California, January 2006.
• Co-author, “Recent Developments in Media, Privacy, and Defamation Law,” Torts Trial and Insurance Practice Law Journal, Winter 2005.  
• Speaker,“Navigating the Conflicts Between Discovery and Federal Privacy Rights,” Texas Bar CLE Advanced Evidence & Discovery Course, 2005.
• Speaker, Texas Association of Broadcasters Legislative Day, Austin, TX, February 2005.
• Facilitator, “Hot Issues in Libel and Privacy,” American Bar Association Forum on Communications Law 10th Annual Conference, Boca Raton, FL, January 2005.
• Faculty member for the Training & Development Committee at the American Bar Association Forum on Communications Law 10th Annual Conference, Boca Raton, Florida, January 2005.
• Co-author, “Recent Developments in Media, Privacy, and Defamation Law,” Torts and Insurance Practice Law Journal, Winter 2004. 
• Speaker,“Free Press in a Free Society,” MLRC Institute/University Interscholastic League Convention; University of Texas, April 2004.
• Editor, "E-copyright Law Handbook," Aspen Law & Business (Laura Stapleton, Ed. 2002, Supp. 2003).
• Speaker, Texas Association of Broadcasters Legislative Day, Austin, TX, January 2003.
• Co-author, “Recent Developments in Media, Privacy, and Defamation Law,” Torts and Insurance Practice Law Journal, Winter 2004.
• Author, E-Copyright Law Handbook, Aspen Law & Business (Laura Stapleton, Ed. 2002, Supp. 2003).
• Speaker, Texas Association of Broadcasters Legislative Day, Austin, TX, January 2003.
• Co-author, “Recent Developments in Media Law and Defamation Torts,” Torts and Insurance Practice Law Journal, Winter 2003.
• Author, “From the Hotline,” The News Media & The Law, Reporters Committee for the Freedom of the Press, Fall 2002.
• Speaker, “Recent Issues in Media Law,” Austin Chapter of the American Society of Business Publishers and Editors, Austin, TX, October 2002.
• Panelist, “Texas’ Legislative Privacy Task Force,” Freedom of Information Foundation of Texas’ Annual State Conference, Austin, TX, September 2002.
• Speaker, “Searching for the First Amendment—Controversial Programming,” Newspaper Association of America/National Association of Broadcasters/Media Libel Resource Center National Libel Conference, Arlington, VA, September 2002.
• Co-author, “Recent Developments in Media Law and Defamation Torts,” Torts and Insurance Practice Law Journal, Winter 2002.
• Speaker, Texas Association of Broadcasters Legislative Day, Austin, TX, February 2001
• Co-author, “Recent Developments in Media Law and Defamation Torts,” Torts and Insurance Practice Law Journal, Winter 2001.
• Co-author Chapter 3, “The First Amendment and Related Issues,” Art Law Handbook, Aspen Law & Business (2000 + Supp. 2001, 2002, 2003, 2004).
• Co-author, “Recent Developments in Media Law and Defamation Torts,” Torts and Insurance Practice Law Journal, Winter 2000.
• Speaker, “Back to First Principles—Reaching the Decision Maker of Judges, Juries and Themes,” Newspaper Association of America/National Association of Broadcasters/Media Libel Resource Center National Libel Conference, Arlington, VA, September 1999.
• Speaker, “The Marketing of the Professional Athlete – Sport Licenses, Commercial Endorsements & Sponsorships,” speaker on “The Professional Athlete’s Right of Publicity,” Dallas County Bar Association, Sports and Entertainment Law Section and Dallas Bar Association Intellectual Property Law Section Seminar, Dallas, TX, April 1999.
• Author, Libel Defense Resource Center 50-State Survey 1999-2000, 5th Circuit Media, Privacy & Related Law.
• Co-author, “Recent Developments in Media Law and Defamation Torts,” Torts and Insurance Practice Law Journal, Fall 1999.
• Author, “Fame, Fortune and Free Speech,” 8 Texas Entertainment & Sports L. J. 2 (1999).
• Author, “The Professional Athlete’s Right of Publicity,” 10 Marquette Sports L. J. 1, 23-68 (1999).
• Author,“Email, Internet Pose New HR Challenges,” Austin Business Journal, March 4, 1999.
• Speaker, Texas Association of Broadcasters Legislative Day, Austin, TX, February 1999.
• Co-editor, American Bar Association’s Communications Lawyer (quarterly publication), 1999-present.
• Author, Libel Defense Resource Center 50-State Survey 1998-99, 5th Circuit Media, Privacy & Related Law.
• Contributing Editor, Media & the Law Newsletter, 1995-1998.
• Author, “The Quality of Care in Nursing Homes is a Matter of Public Concern,” LDRC Libel Letter, December 23, 1998.
• Author, “Fort Worth Court Dismisses ABC 20/20 Libel Claims,” LDRC Libel Letter, November 25, 1998.
• Author, “Another Texas Court Rejects the Doctrine of Libel by Implication,” LDRC Libel Letter, October 23, 1998.
• Speaker, “The Do’s and Don’ts for In-House Counsel,” American Corporate Counsel Association, San Antonio Chapter Meeting, October 1998.
• Author, “Texas Court Advances Libel-Proof Doctrine,” Media & The Law, October 2, 1998.
• Speaker, “Fame, Fortune and Free Speech,” University of Texas School of Law Sports Law Institute: The Merging of Sports and Entertainment Law, Austin, TX, October, 1998.
• Panelist, “Legal Issues Keeping You Out of Court – What Are Hot Button Legal Concerns in Your Newsroom – Get Your Answers Answered Here,” The Radio Television & News Directors Association National Convention, San Antonio, TX, September 1998.
• Author, “Ride-Alongs, Raid-Alongs: Think Twice,” Media & The Law, July 3, 1998.
• Author, “Texas Court Makes Strides in Libel-Proof and Substantial Truth Doctrines,” LDRC Libel Letter, July 1998.
• Author, “A Trilogy of Victories in ‘The Speech Made Me Do It Cases,” LDRC Libel Letter, May 1997.
• Author, “Judge Nixes ‘Music Made Him Do It Attack,” Media & The Law, May 9, 1997.
• Author, “Protectionism is the Likely Reason Why Texans Can’t Import Beer, Wine or Liquor From Other States,” Texas Lawyer, April 28, 1997.
• Author, Libel Defense Resource Center 50-State Survey 1996-1997 Texas Libel Law.
• Author, Libel Defense Resource Center 50-State Survey 1995-1996 Texas Libel Law.
• Author, Libel Defense Resource Center 50-State Survey 1994-1995 Texas Libel Law.
• Author, “How HIV Disclosure Laws Apply to You,” Media & The Law, October 27, 1995.
• Author, “Can You Use Hidden Cameras Legally,” Media & The Law, January 1, 1995.