David Kushner has nearly 20 years of experience in media and communications law, focusing on broadcasting, media policy, First Amendment issues, and defamation. A trusted advisor, he is recognized as one of the nation’s leading authorities on retransmission consent agreements.
David has extensive experience helping businesses navigate the dynamic media landscape and the unique legal challenges that they face in the digital age. His media and communications practice focuses on issues related to broadcasting, media policy, First Amendment matters, and defamation. One of the broadcast industry’s leading attorneys, he has also guided some of the nation’s largest media companies in creating new revenue sources and exploring new ways to deliver content.
From the technical details of signal compression and propagation to the broader politics of copyright and communications regulation, David brings an unparalleled depth of knowledge to his practice. Equally comfortable in conversation with a company president or a broadcast engineer, David is able to serve as a comprehensive resource for clients.
David is recognized as one of the nation’s leading authorities on retransmission consent agreements, having successfully negotiated agreements with a total value in excess of $2.3 billion.
David has significant experience in commercial litigation, including a focus on intellectual property and copyright issues.
David represents businesses on a wide range of intellectual property issues, focusing on copyright and trademark matters.
Chair (2007-08), Vice Chair (2006-07), Council Member (2003-06), Member (2003-present), Constitutional Rights & Responsibilities Section, North Carolina Bar Association
Editor, The Constitutionalist, Constitutional Rights & Responsibilities Section, North Carolina Bar Association (2003-2007)
Member, North Carolina Bar Association (1996-present)
Member, Federal Communications Bar Association (1994-present)
Member, Intellectual Property Law Section, American Bar Association (1997-present)
Member, American Bar Association (1993-present)
Member, Wake County Bar Association (1997-present)
Member, History of Science Society (1987-present)
Member, Board of Directors, United Arts Council of Raleigh & Wake County (2007-2014); Vice Chair, Administration (2008-11); Chair-Elect (2011-12), Chair (2012-2013)
Panelist, “It’s 10:30 AM: Do You Know Where Your Broadcast Signal Is Being Carried?” National Association of Broadcasters Convention (2014)
Panelist, “Retransmission Consent: Will Pay TV Get Its Way or Will Market-Based Negotiations Carry the Day?” National Association of Broadcasters Convention (2011)
Panelist, "Extraordinary Measures: Legislative and Regulatory Gymnastics to Preserve Ownership Regulation and Next-Gen SHVERA," American Bar Association Forum on Communications Law, the National Association of Broadcasters and the Federal Communications Bar Association (2010)
Panelist, “Copyright Challenges: SHVERA, Streaming, and Making Sense (and $$) in Cyberspace,” National Association of Broadcasters Convention (2007)
Panelist, "The FCC Roundtable," National Association of Broadcasters Convention (2006)
Co-Author, Survey of North Carolina Privacy Law and Related Claims Against the Media, Media Law Resource Center 50-State Survey, Media Privacy and Related Law (1998 - )
The Communications Decency Act and the Indecent Indecency Spectacle, 19 Hastings Comm. & Ent. L.J. 87 (1996)
Free Exercise, Fair Housing and Marital Status - Alaskan Style, 12 Alaska L. Rev. 335 (1995)
As a Ph.D. student at Princeton University, I spent long hours studying and researching the history of geophysics. Now at Brooks Pierce, the analytical skills that I developed during that time serve me well as I help my clients solve their most complex legal problems. What I enjoy most about my practice is analyzing the details of my clients’ unique challenges and becoming their trusted counselor and advisor. With the ever-changing landscape of communications and technology, my goal is to help businesses navigate these often daunting waters by finding practical, sustainable solutions.