Davida Brook

Los Angeles • Litigation

In 2023, Brook was at the forefront of Dominion Voting System's massive defamation lawsuit against Fox News Network and Fox Corporation. Representing Dominion, she and her team alleged that Fox News had made false claims stating that Dominion rigged the 2020 presidential election. The lawsuit sought a staggering $1.6 billion in damages. After two years of intense legal battle, the case reached a historic settlement of $787.5 million, a resolution that transpired on the very day a jury trial was scheduled to commence in Delaware Superior Court.

This settlement was widely covered by major media outlets, including the New York Times, the Washington Post, and the Wall Street Journal, highlighting its significance in testing the boundaries of modern media law.

Brook is also co-lead counsel in ongoing defamation cases on behalf of Dominion against several prominent figures and networks, such as Rudy Giuliani, Sidney Powell, Mike Lindell, Patrick Byrne, One America News Network (OAN) and Newsmax TV.

In another significant case, Brook co-leads a class action against MindGeek USA Incorporated, the parent company of Pornhub. The lawsuit alleges that MindGeek violated federal sex trafficking and child pornography laws. The complaint highlights how MindGeek and Reddit purportedly prioritized profits over child safety, resisting the implementation of age verification policies. The U.S. District Judge substantially denied MindGeek's motion to dismiss, marking a significant win for Brook's clients and allowing the case to proceed to the discovery phase.

"The Dominion cases affirmed the brilliance of the actual malice standard in defamation suits," Brook said. "Difficult enough to meet that journalists enjoy robust protection for their reporting. But not impossible to meet so that journalists can be held to account when they cross a line."

She highlights challenges faced in obtaining electronically stored information in today's digital age, saying, "ESI fights are not just about emails anymore. There are text messages, WhatsApp chats, and DMs, and, and, and. More and more, these forms of communications are critical to proving up a case, but getting defendants to produce them is usually an uphill battle."

Brook added things could significantly change if Congress decides to revise Section 230 of Title V of the Telecommunications Act of 1996, a move that would alter the immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users.

Her work has garnered her several accolades and recognitions. She has been repeatedly acknowledged as a top lawyer, earning titles such as Top 100 Lawyer, Litigator of the Week, Future Star, Leading Plaintiff Financial Lawyer, and more.

Her media appearances include insightful interviews on platforms such as The LA Times, MSNBC: Deadline, Anderson Cooper 360, and CBS Mornings.