Peter S. Kozinets

Of Counsel

• pkozinets@steptoe.com
• vCard
• Phoenix Office

Peter S. Kozinets is of counsel in the Phoenix office of Steptoe & Johnson LLP, where he is a member of the Telecommunications, Internet and Media practice group.

Mr. Kozinets has worked on media law and First Amendment cases involving defamation, privacy, access to government and judicial records and proceedings, prior restraints, gag orders, and journalist subpoenas.  He has extensive experience helping media and other clients enforce their rights to inspect and copy public records held by local, state and federal government agencies.  He has negotiated with public officials, written demand letters and filed and litigated lawsuits under the Arizona Public Records Law, the federal Freedom of Information Act and other open government laws.  Mr. Kozinets also has substantial experience assisting clients with obtaining access to closed courtroom proceedings and sealed judicial records. 

In addition, Mr. Kozinets has defended news organizations and individuals in defamation, privacy and related actions.  He has advised clients on pre-broadcast and pre-publication review, Section 230 of the Communications Decency Act, and other Internet-related defamation and privacy issues.

Mr. Kozinets has represented local, national and international news organizations with media law matters arising in the Southwestern United States.  He has also worked with attorneys in Steptoe’s other office on media and First Amendment issues arising throughout the country.   

Representative Matters

Illustratively, Mr. Kozinets has:

• Represented a large-circulation daily newspaper and a television news program in motions to unseal search warrant records and other documents in a high-profile federal criminal prosecution.
• Briefed and argued a newspaper’s motion for access to court records concerning a double murder case in state court.
• Represented a newspaper in trial and appellate court proceedings that led to the release of emails concerning a county official involved in the largest case of public graft in Arizona history.
• Represented a broadcaster in the Arizona appellate courts and the United States Supreme Court defending its right to disseminate an award-winning news story about a tire manufacturer; briefed oppositions to emergency motions in the Arizona appellate courts and US Supreme Court.
• Represented a newspaper in an Arizona Supreme Court appeal dismissing under the First Amendment a putative class action arising from a controversial letter to the editor about the Iraq war.
• Represented a foreign newspaper in federal trial and appellate court proceedings to uphold a protective order concerning confidential journalistic information.
• Obtained legal rulings in state trial and appellate courts securing public access to questions from the pilot version of the “AIMS” high school graduation test, after 90% of the students who took the test failed. 
• Briefed and argued, on behalf of a daily newspaper, a special action challenging the trial court’s decision to close part of jury selection in a murder case.
• Challenged a gag order, on behalf of a television news broadcaster, in a state criminal prosecution.
• Briefed and argued the motion of an international news organization to unseal a search warrant affidavit concerning a former professional baseball player.
• Argued a newspaper’s application for an order to show cause why a state child protection agency should be compelled to release public records regarding three deceased children.
• Litigated an evidentiary hearing involving First Amendment objections to an injunction against a radio broadcaster.
• Defended a national newspaper in a defamation case regarding public safety reporting, and briefed case-dispositive motions.
• Briefed and argued, in the Arizona Court of Appeals, a motion to unseal court filings concerning grand jury subpoena for records.
• Prepared an amicus brief for several national news organizations in an appeal in which the Arizona Supreme Court recognized the public’s right of access to metadata in public records.  

Noteworthy

• Arizona's Finest Lawyers, 2011
• Arizona Business Magazine Top Lawyers, Intellectual Property Law, 2010 

Select News & Events

• Social Media + Lawyers + Judges, April 12, 2011, Sandra Day O’Connor Inn of Court
• From The Social Network to the Corporate Network - How to Protect Your Company in the Social Media World, February 22, 2011, Presented by Steptoe & Johnson LLP and The Arizona Technology Council
• Legal Professionalism, E-mail Ethics and Conflicts of Interest: Overcoming Common Challenges, June 15, 2010, National Business Institute
• Data Management and Security Series, Part II: Employee Emails - What Every Employer Should Know, November 4, 2009, Arizona Technology Council
• Open Meetings and Public Records, June 18, 2009, State Bar of Arizona
• Legal Ethics in the Digital Age: Applying "Old" Rules to New Practices, June 17, 2009, National Business Institute

Selected Publications

• Access to Metadata in Public Records: Ensuring Open Government in the Information Age
  July 2010, Communications Lawyer
• Self-Regulation Guidelines for Behavioural Advertising
  March 2009, E-Commerce Law and Policy
• Access to the E-Mail Records of Public Officials: Safeguarding the Public's Right to Know
  Summer 2007, Communications Lawyer

Professional Affiliations

• Member, ABA Section of Litigation
• Co-Chair, ABA Forum on Communications Law, Training & Development Committee, 2007-2008; Member, ABA Forum on Communications Law, 2001-present.
• Founding Member, Arizona State Bar Section on Internet, E-Commerce and Technology Law
• Member, Arizona State Bar Section on Intellectual Property
• Member, Sandra Day O’Connor Inn of Court, 2003-present
• Selection Committee Member, American Jewish Committee, Arizona Chapter, Judge Learned Hand Awards Luncheon, 2003-present (Co-Chair, 2005-2006)
• Board of Directors, Anti-Defamation League, Arizona Region, 2010-present
• Board of Directors, Arizona Center for Law in the Public Interest, 2002-present