Juice maker POM Wonderful on Friday afternoon withdrew its request for a restraining order against the National Law Journal, freeing the publication to disseminate word that POM is under investigation by the Federal Trade Commission.
The backstory on the goes like this: Earlier this month, in the course of looking into a fee dispute between POM Wonderful and the law firm Hogan Lovells, a National Law Journal reporter found out about the FTC investigation.
But on July 22, POM Wonderful objected, filing a request with the D.C. Superior Court to restrain the NLJ and its parent, ALM Media, from writing up the details of the investigation and naming the agency doing the investigating.
The next day, just before the NLJ went to press, D.C. Superior Court Judge Judith Bartnoff agreed with POM Wonderful and its lawyers at Coburn & Coffman that the information should have been placed under seal. The fact that it wasn’t owed, she said, to an administrative gaffe. She issued a temporary restraining order allowing the paper to publish the fact POM Wonderful is a target of a regulatory inquiry, but banned the paper from naming the agency.
“If I am throwing 80 years of First Amendment jurisprudence on its head, so be it,” Bartnoff said at the hearing, according to this post at the BLT Blog. “None of that First Amendment jurisprudence, to my knowledge, is dealing with this issue—the integrity of the functioning of the court system.”
Earlier today, lawyers at Williams & Connolly filed an amicus brief on behalf of a number of publications not involved in the suit, including Dow Jones, the publisher of the Wall Street Journal, arguing that Judge Bartnoff had erred.
via Juice Maker Backs Off TRO Request, Word of FTC Probe Comes Out – Law Blog – WSJ.

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