Spinning circle Big letter B

Robert A. Bertsche is devoted to protecting and strengthening his clients’ ability to communicate their content on a wide variety of platforms, including digital, interactive, print, electronic, and social media.

A media and First Amendment lawyer with a national practice, Rob offers counseling and litigation services to media clients throughout the United States, including magazines, newspapers, book publishers, broadcasters, website operators, bloggers, filmmakers, and advertising and public relations agencies.

Rob’s media practice includes:

*Defending media clients in state and federal court against claims of libel, invasion of privacy, copyright and trademark infringement, commercial appropriation, breach of contract, and related actions.
*Conducting prepublication and pre-broadcast review for magazines, newspapers, websites, broadcasters, and advertisers
*Negotiating and drafting freelance and other media contracts
*Conducting workplace trainings to help the media stay out of court
*Prosecuting access challenges under federal and state law
*Helping clients draft and enact policies relating to social media, confidential sources, ethics, blogging, and data privacy
*Defending reporters against subpoenas seeking confidential sources or notes
*Assessing website compliance with state and federal regulatory requirements
*Designing and drafting rules for sweepstakes, contests, and other promotions

Rob’s clients range from the multinational publishing company to the solitary blogger, from the television talk-show host to the cartoonist, and from the documentary filmmaker to the community newspaper publisher. Much of Rob’s day-to-day work involves protecting his clients from litigation. A former newspaper and magazine journalist, he is dedicated to helping journalists practice their craft aggressively and responsibly, without courting undue legal risk.

He has conducted prepublication review of thousands of newspaper and magazine articles, as well as non-fiction books on politics, business, ethics, and even cooking. He has also served as legal counsel to documentary filmmakers. Rob plays an active role in the journalism community.

As outside general counsel to the New England Newspaper and Press Association, he established and oversees an active legal hotline for the 300-plus community newspapers that are NENPA members. Since 2002, the New York-based American Society of Magazine Editors has selected Rob to provide its annual business and editorial law training for staff of print and online publications alike.

Location
  • Six Liberty Square, Suite 2752
    Boston, MA 02109
Education
  • Wesleyan University, graduated 1980
Bar Admissions
  • Massachusetts, Massachusetts Bar Association
  • New Hampshire, New Hampshire Bar Association
  • New York, New York State Bar Association
  • Pennsylvania, Pennsylvania Bar Association
Affiliations
  • Litigation Counsel of America - Fellow
  • Massachusetts Bar Foundation - Fellow
  • New England Media Law Group - Founder
  • American Bar Foundation - Fellow
  • New England Society of Professional Journalists - Legal adviser
  • Student Press Law Center - Legal Advisory Committee
  • New England Newspaper and Press Association - Outside general counsel

Lawyer of the Year Badge - 2024 - Litigation - First Amendment Lawyer of the Year Badge - 2022 - Litigation - First Amendment
Named "Lawyer of the Year" by Best Lawyers® for:
  • Litigation - First Amendment, Boston (2024)
  • Litigation - First Amendment, Boston (2022)
Recognized in The Best Lawyers in America® 2024 for work in:
  • First Amendment Law
  • Litigation - First Amendment
Special Focus:
  • Advertising
  • Appellate
  • Defamation
  • Intellectual Property
  • International
  • Litigation
  • Media
  • Publishing
Awards:
  • Top-rated intellectual property attorney by Martindale-Hubbell
  • "Massachusetts Super Lawyer" in First Amendment/Media/Advertising since 2005
  • Robert B. Fraser Award for Pro Bono Excellence from Volunteer Lawyer for the Arts
Additional Areas of Practice:
  • Advertising Law
  • Communications Law
  • Media Law

Spinning circle Big letter B

Publications

Your browser is not fully compatible with our automatic printer friendly formatting.

Please use the print button to print this profile page.

Spinning circle Big letter B