David Kushner principally practices communications and media law, including broadcasting, First Amendment issues, and defamation.
David is one of the broadcast industry’s leading counselors on retransmission consent having successfully negotiated retransmission consent agreements on behalf of broadcast clients with a total value well in excess of $1 billion.
David also routinely practices in commercial litigation (motions and appellate practice) and intellectual property (copyright and trademark), with a focus on statutory compulsory copyright license issues.
He is listed in The Best Lawyers in America (2013--) in Media Law (Woodward/White Publishing). Additionally, he has been a frequent speaker at the National Association of Broadcasters convention and the University of North Carolina's Festival of Legal Learning.
Professional & Community Activities
- Chair (2007-08), Vice Chair (2006-07), Council Member (2003-06), Member (2003--), 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--
- Member, Federal Communications Bar Association, 1994--
- Member, Intellectual Property Law Section, American Bar Association, 1997--
- Member, American Bar Association, 1993--
- Member, Wake County Bar Association, 1997--
- Member, History of Science Society, 1987--
- 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)
Articles, Publications, & Speeches
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)