On October 4, 2022, a Second Circuit panel affirmed the lower court’s decision that defendant Sirius XM Radio Inc.’s ads showcasing The Howard Stern Show do not violate plaintiff John Edward Melendez’s publicity rights. The ruling affirmed the Southern District of New York’s grant of defendant’s motion to dismiss plaintiff’s claims under California common and statutory law, agreeing that plaintiff Melendez’s claims were preempted by the Copyright Act, 17 U.S.C. § 301.
Jana Ruthberg is an associate in the Litigation Department.
While at the University of Virginia, Jana was as an editor of the Virginia Journal of International Law and served on the boards of the Feminist Legal Forum and the Jewish Law Students Association. During law school, she worked at the Department of Justice in the Office of Policy and Legislation. Prior to law school, Jana taught English to elementary and middle school students abroad, and interned at the King’s County Brooklyn District Attorney’s office in the Appeals Bureau. Jana graduated from the University of Michigan with high distinction.
Jana maintains an active pro bono practice, which includes representing asylum seekers throughout their asylum application process.