Anna Nicole Smith's lawyer and confidant Howard K. Stern is fighting a new legal battle. Stern has been going to court to try and prevent a Texas doctor from selling and distributing a video tape that shows him performing breast surgery on the former Playmate in 1994. Reports indicate the tape was made without Smith's knowledge or consent.

The good news for Stern is he won the first round. According to published reports, a judge has issued a temporary restraining order that prevents its release.

Smith, who starred in a reality TV series on E! bearing her name, died in February due to an accidental drug overdose. She was 39-years-old.