Maxwell S. Mishkin

Associate He / Him / His

Washington, DC

Tel 202.508.1140
Fax 202.661.2299

Maxwell S. Mishkin is an experienced media lawyer who works with journalists, news organizations, non-governmental organizations (NGOs), and other creative professionals of all types in a wide range of matters.

In state and federal courts across the country, Max regularly defends clients against defamation, privacy, and other content-related claims. He is also often sought out to obtain access to government records under the Freedom of Information Act (FOIA) and to court records and proceedings under the First Amendment and common law. In addition, Max frequently conducts pre-publication review for press organizations and entertainment companies and opposes subpoenas for sources and other information protected by the reporter’s privilege.

Max has been described in Chambers USA as “the future leader of the Bar.” Prior to joining the firm, Max was with the highly regarded First Amendment boutique law firm Levine Sullivan Koch & Schulz, which merged with Ballard Spahr in October 2017.

Services

Experience

Representative Matters

Representing a coalition of press organizations in right of access lawsuit seeking sealed court records related to assertions of executive privilege made during the Special Counsel’s investigation into the 2020 presidential election. Politico v. United States, 2024 WL 1739096 (D.C. Cir. Apr. 23, 2024)
Defending The New York Times against a defamation lawsuit brought by prominent critic of conventional medicine and self-described advocate for natural health remedies. Mercola v. New York Times Co., 2024 WL 551952 (M.D. Fla. Feb. 12, 2024)
Represented a coalition of press organizations in right of access lawsuit that obtained court records arising from former Vice President Pence’s efforts to quash a grand jury subpoena. In re Press Appl. for Access to Jud. Recs. Ancillary to Certain Grand Jury Proc. Concerning Former Vice President Pence, 678 F. Supp. 3d 135 (D.D.C. 2023)

Represented The Washington Post in DC FOIA lawsuit that obtained disciplinary records of prominent Metropolitan Police Department officer. WP Co. LLC v. DC, 2023 WL 6038126 (D.C. Super. Sep. 14, 2023)
Represented NPR in FOIA lawsuit that obtained records of inspections and investigations into conditions at U.S. immigration detention facilities. NPR, Inc. v. DHS, 2022 WL 4534730 (D.D.C. Sept. 28, 2022)
Represented The Washington Post in FOIA lawsuit that obtained records of the constitutionally required but little-known process by which former U.S. service members seek permission to work for foreign governments. WP Co. LLC v. Dep’t of Defense, 626 F. Supp. 3d 69 (D.D.C. 2022)
Defended international human rights organization Global Witness against defamation lawsuit brought by two former Liberian officials over report on oil deal. Tah v. Global Witness Publ’g, Inc., 991 F.3d 231 (D.C. Cir. 2021)
Defended the Southern Poverty Law Center and its former employees against defamation lawsuit over map and article concerning SPLC-identified hate groups. Allen v. Beirich, 2021 WL 2911736 (4th Cir. July 12, 2021)
Representing a coalition of press organizations in obtaining access to surveillance videos and other exhibits filed in nearly 200 federal prosecutions arising from the January 6, 2021 riot at the U.S. Capitol. In re Application for Access to Video Exhibits, 575 F. Supp. 3d 101 (D.D.C. 2021)
Represented NPR in First Amendment challenge to Maryland law that prohibited the broadcast of official audio recordings of criminal trial proceedings. NPR, Inc. v. Klavans, 560 F. Supp. 3d 916 (D. Md. 2021)
Defended CNN against defamation lawsuit brought by group of private school students over reporting about confrontation on the National Mall. Blessing v. CNN, 2020 WL 7647530 (E.D. Ky. Dec. 23, 2020)
Defended CBS against defamation lawsuit brought by West Virginia pharmacist over several news reports in award-winning series on the opioid crisis. Ballengee v. CBS Broadcasting, Inc., 968 F.3d 344 (4th Cir. 2020)
Represented a coalition of press organizations in FOIA lawsuit that revealed the recipients and amounts of Small Business Administration PPP loans. WP Co. LLC v. SBA., 502 F. Supp. 3d 1 (D.D.C. 2020)
Represented The Washington Post in FOIA lawsuit that obtained records of “Lessons Learned” interviews conducted by the Special Inspector General for Afghanistan Reconstruction. Washington Post Co. v. SIGAR, 486 F. Supp. 3d 141 (D.D.C. 2020)
Defended popular podcast host against defamation lawsuit brought by senior Trump 2016 campaign adviser. Miller v. Gizmodo Media Grp., LLC, 383 F. Supp. 3d 1365 (S.D. Fla. 2019)
Represented The Washington Post and a coalition of Maryland newspapers in First Amendment challenge to Maryland law that imposed various requirements on websites hosting political advertisements. Washington Post v. McManus, 944 F.3d 506, 509 (4th Cir. 2019)
Defended BuzzFeed News against defamation lawsuit brought by company that assisted detained immigrants in obtaining bail bonds. Libre By Nexus v. Buzzfeed, Inc., 311 F. Supp. 3d 149 (D.D.C. 2018)
Defended the Associated Press against defamation lawsuit brought by Russian oligarch over report about his past business relationship with former Trump 2016 campaign manager. Deripaska v. Associated Press, 282 F. Supp. 3d 133 (D.D.C. 2017)
Represented a coalition of Canadian press organizations in challenging request to seal the entire judicial record of divorce proceedings in Maryland involving Julie Payette, following her designation by Queen Elizabeth II as Governor General of Canada. Payette v. Flynn, No. 18-C-13-965 (Md. Cir. Ct. July 31, 2017)
Obtained a rare declaratory judgment for the Electronic Frontier Foundation under the SPEECH Act—a federal statute enacted to combat “libel tourism”—against Australian injunction attempting to censor EFF’s “Stupid Patent of the Month” article. EFF v. GEMSA Pty Ltd., 290 F. Supp. 3d 923 (N.D. Cal. 2017)

Professional Highlights

Judicial Clerkships

Hon. William H. Yohn, Jr., U.S. District Court for the Eastern District of Pennsylvania, 2014-2015

Professional Activities

American Bar Association

D.C. Bar Arts, Entertainment, Media, and Sports Law Community – Steering Committee

Communications Lawyer, Editor, 2022-2024

Recognition & Accomplishments

Chambers USA, First Amendment Litigation (Nationwide), Media and Entertainment (District of Columbia), "Associate to Watch," 2022-2024

The Best Lawyers in America, "Ones to Watch," – Entertainment and Sports Law (Washington, D.C.), 2024, 2025

Speaking Engagements

Panelist, "Court Access for Journalists," Maryland-Delaware-DC Press Association Annual Conference, May 3, 2024

Panelist, Access & Accountability Conference - Yale Law School, October 13, 2023

Witness, Maryland Senate Judicial Proceedings Committee Bill Hearing: "Strategic Lawsuits Against Public Participation," March 15, 2023

Publications

Co-author, "Baltimore Jury Returns Defense Verdict in Public Official Media Defamation Trial," MLRC MediaLawLetter, October 2021

Co-author, "Maryland "Broadcast Ban" is Unconstitutional as Applied to NPR Podcast," MLRC MediaLawLetter, October 2021

Co-author, "Chief Judge Rejects Government's Security Argument in Request for Capitol Riots Video," MLRC MediaLawLetter, September 2021

"Maryland Federal Court Dismisses Nunes Advisor's Defamation Suit," MLRC MediaLawLetter, February 2021

Related Insights

Credentials

Education

Yale Law School (J.D. 2014)
Editor-in-Chief, Yale Journal of Law & Technology

Student Director, Media Freedom and Information Access Clinic
Charles G. Albom Prize for excellence in appellate advocacy

Harvard University (B.A., cum laude, 2009)
Phi Beta Kappa

Admissions

Maryland

District of Columbia

U.S. Supreme Court

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the District of Columbia Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland