Jay has been described in Chambers USA as “a lawyer who delivers continuously high-quality service,” possesses “impeccable analysis and impressive writing skills,” and has a “friendly, approachable and attentive demeanor [that] sees clients wanting to use him exclusively.”

For a number of years, Jay served as national defamation counsel to the NAACP and, with his colleagues, continues to defend the civil rights organization and its volunteers from claims arising out of their associational and advocacy activities. In July 2006, Jay was privileged to accept the NAACP’s Civil Rights Champion Award, which was given to LSKS “for outstanding pro bono service and commitment to advancing civil rights and social justice.”

As a public television journalist before law school, Jay produced or wrote many of the late Fred W. Friendly’s award-winning programs on the Constitution, the press, law and ethics. In 2007, Jay took a 3-year leave from private practice to help Hiscox, a Lloyd’s of London insurance syndicate, open its U.S. claims operations. Jay headed the company’s North American media claims unit until he returned to LSKS in 2010.

Notable Representations

Snyder v. Creative Loafing, Inc., (D.C. Super. 2011). With Seth Berlin, Jay successfully defended Washington City Paper in the defamation action filed by Washington Redskins owner Daniel Snyder over a profile titled “The Cranky Redskins Fan’s Guide to Dan Snyder.” After City Paper filed its motion to dismiss invoking the District of Columbia’s then-brand new anti-SLAPP statute, Snyder voluntarily dismissed his lawsuit.

In re Associated Press, No. 06-1301 (4th Cir. Mar. 22, 2006), and United States v. Moussaoui, 65 Fed. Appx. 881 (4th Cir. 2003). Jay served as lead counsel for a coalition of national news organizations that successfully moved several times to intervene and to obtain access to the proceedings and record during the first September 11-related criminal prosecution. Among other successes, Jay persuaded the Fourth Circuit to issue a writ of mandamus ordering the trial judge to provide same-day access to trial exhibits.

Finebaum v. Coulter, 854 So.2d 1120 (Ala. 2003). Jay served as lead counsel for Clear Channel Communications and its sports journalist Paul Finebaum in the Alabama Supreme Court in a defamation action brought by another sports broadcaster who claimed that Finebaum had, on air, implied he was homosexual. After Jay first persuaded the Supreme Court to reverse its initial refusal to hear an interlocutory appeal from a trial court order denying summary judgment, the Court reversed on the merits and rendered judgment for Finebaum.

Bartnicki v. Vopper, 532 U.S. 514 (2001). With partner Lee Levine, Jay successfully represented the media defendants in this landmark Supreme Court case arising out of the radio broadcast of a tape recording of a cell phone conversation between two teachers’ union officials. The Supreme Court upheld the dismissal of the plaintiffs’ claims under the federal wiretap act and reaffirmed the principle that the press cannot be held liable for publishing truthful information about a matter of public concern absent a governmental interest of the highest order, at least where it played no role in the source’s unlawful acquisition of the information.