Nomi I. Lowy

Nomi I. Lowy

Counsel, Commercial & Criminal Litigation

Ms. Lowy focuses her practice on First Amendment and media issues. She serves as Co-General Counsel to the New Jersey Press Association and works closely with numerous news organizations and newspapers throughout the tri-state area on a variety of legal issues affecting the media. She has been involved in numerous cases in which the media has intervened as amicus in significant matters before the New Jersey Supreme Court and the Appellate Division. As part of her work for the Press Association, Ms. Lowy reviews bills introduced by the New Jersey Legislature, to identify those affecting the media, and makes recommendations to the Press Association on positions to be taken with regard to such proposed legislation. She routinely drafts position papers to be submitted to legislative committees considering bills affecting the media and has testified before the Legislature regarding same. Also as part of her work for the Press Association, Ms. Lowy receives and responds to hotline inquiries from Press Association members on issues relating to, among others: access to public records; open public meetings; access to courts; court procedures; law enforcement procedures; defamation; legal newspaper qualifications; public notices and legal advertising; invasion of privacy; New Jersey Shield Law; electronic devices in the courtroom; and regulation of newsracks.

Ms. Lowy performs a significant amount of work for various newspapers in the areas of challenges to subpoenas, challenges to Open Public Record Act denials, pre-publication review of articles, and defense of defamation/invasion of privacy lawsuits. Most recently, Ms. Lowy took a leading role in litigation brought by a newspaper against the New Jersey State Police in connection with the denial of the newspaper’s government records requests for certain New Jersey gun trace information. Although the State originally took the position that none of the records requested existed, Ms. Lowy was able to establish through rigorous and intensive depositions of State Police representatives that, in fact, more than 4,500 responsive documents existed, resulting in a settlement of the case, production of the requested government records and payment of the newspaper’s counsel fees.

Areas of Focus

Defamation/Invasion of Privacy

    • Provides advice to media clients on minimizing risks of litigation
  • Handles all aspects of defamation and invasion of privacy claims

Prepublication Review

    • Performs prepublication review of books and articles
  • Provides advice to minimize risk of litigation

Open Public Records Act/Open Public Meetings Act

    • Provides advice to media clients on issues relating to access to government records and meetings
    • Collaborates with governmental agencies on adopting appropriate forms for release of government records
    • Works in conjunction with legislators, aligned organizations, and individuals on strengthening New Jersey’s Open Public Records Act and Open Public Meetings Act
    • Monitors legislation that impacts New Jersey’s Open Public Records Act and Open Public Meetings Act
    • Drafts on behalf of New Jersey Press Association position papers for legislative committees considering bills affecting access to government records and meetings
    • Drafts government records requests on behalf of clients
    • Litigates wrongful denials of access to government records
  • Writes blogs and articles on issues relating to open access to government records

New Jersey Shield Law

    • Provides hotline advice to New Jersey Press Association members on issues relating to Shield Law
    • Advises clients in connection with subpoenas issued to news organizations
  • Litigates motions to quash subpoenas served on media clients in both civil and criminal cases

Legislative Initiatives Impacting the Media

    • Monitors legislation affecting the media
    • Reports to New Jersey Press Association on legislation affecting the media and recommends positions favorable to the press
    • Drafts position papers to legislators on bills impacting the media
    • Meets with legislators on legislation affecting the newspaper industry
  • Testifies at hearings before legislative committees on bills affecting the media

Credentials

Education

American University, Washington College of Law (J.D.)

University of Maryland (B.A.)

Professional Admissions

State of New Jersey

United States District Court for the District of New Jersey

Professional Activities

New Jersey State Bar Association
Chair, Media Law Committee
2017-2018
Vice Chair, Media Law Committee
2016-2017

New Jersey Women Lawyers Association

Civic/Charitable Activities

Gibbons Women’s Initiative
Social Action Committee
Pro Bono work

Dress for Success Volunteer

Legal Employment

Prior to moving to New Jersey in 1997, Ms. Lowy practiced as a litigation attorney in Maryland and the District of Columbia handling insurance defense matters; supervising the hospital collections practice for Suburban Hospital, the designated trauma center for Montgomery County, Maryland; and working as a criminal defense attorney handling felony, misdemeanor, and serious traffic matters (juvenile and adult).