Rachel Fugate is an experienced litigator and appellate lawyer. She has represented national media companies, local and regional newspapers and television stations, book publishers, film producers, reality television programs, artists, universities, and non-profit corporations. Rachel litigates with an emphasis on media, internet and First Amendment disputes. She defends publishers and broadcasters in complex defamation, invasion of privacy, and other content-related claims and prosecutes actions for access to government information. As a commercial litigator, Rachel handles a variety of cases, including business torts, contract disputes, and tortious interference. As an appellate lawyer, Rachel has appeared before all Florida District Courts of Appeal and has argued matters before the Florida Supreme Court and Eleventh Circuit Court of Appeals. With a content-related focus, she has prepared amicus briefs on issues ranging from satire as fair use to the abolishment of false light in Florida and has filed numerous emergency certiorari petitions for access to government records.
Rachel’s practice also concentrates on preventive litigation measures. She provides publishers and broadcasters daily advice on a variety of content related issues, including newsgathering advice, responses to retraction demands and subpoenas, pre-broadcast and pre-publication review, and advice concerning protection and use of intellectual property, internet content and publication practices.
Rachel serves on the Governing Committee of the American Bar Association’s Forum on Communications Law. She is a past Vice Chair of the American Bar Association’s Section of Individual Rights & Responsibilities First Amendment Committee and former chair of the Media Law Committee of The Florida Bar. Prior to entering private practice, Rachel was a staff attorney at Capital Collateral Counsel – Northern Region.