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David Marburger
Partner

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Cleveland
PNC Center
1900 East 9th Street, Suite 3200
Cleveland, OH 44114-3482

T 216.861.7956
F 216.696.0740

Bar Admissions

  • U.S. Supreme Court
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Third Circuit
  • Pennsylvania, 1984
  • Ohio, 1984

Education

  • J.D., University of Pittsburgh, 1983
  • B.S., Communications, Syracuse University, 1976, cum laude

David Marburger

A partner in the Cleveland office of Baker Hostetler, David Marburger is an authority on litigating legal issues arising from the content side of the communications industry, especially First Amendment, media law, commercial speech, Commerce Clause, libel and privacy, freedom of information, copyright and other intellectual property rights.

Mr. Marburger is one of only 17 lawyers in Ohio certified by the Ohio Bar Association—acting under the authority of the Ohio Supreme Court—as a specialist in appellate law. Every year since 1995, he has been named by his peers as one of the best First Amendment lawyers in the country in The Best Lawyers in America. Inside Business magazine has named him as one of the leading lawyers in northeast Ohio, another magazine consistently has named him one of Ohio's "Super Lawyers," and the Society of Professional Journalists recognized him with the "Best Defense of the First Amendment" award.

Mr. Marburger has litigated more than 200 libel cases, challenged the constitutionality of more than 35 laws and court orders, defended against over two dozen prior restraints, sued for access more than 50 times to open the files and proceedings of state, local and federal government agencies and courts, and defended and pursued dozens of copyright claims.

Mr. Marburger has handled over 20 cases before the Ohio Supreme Court, the state's highest court.

Mr. Marburger was the primary draftsman of our newspaper client's brief on the merits before the United States Supreme Court, where Ohio's largest newspaper won a First Amendment challenge of a municipal ordinance. (City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750.)

Mr. Marburger has drafted extensive amendments to Ohio's open records and open meetings statutes, which the General Assembly enacted in various years largely as drafted. The Ohio Attorney General appointed him to a two-year task force to conduct a comprehensive study of Ohio's freedom of information laws, and he was the primary draftsman of the task force's recommendation for statutory revision.

He is a frequent speaker about litigating issues that affect the content side of the communications industry.

Mr. Marburger has represented online media, major national television and radio networks, newspapers, book publishers, magazines, outdoor advertising companies, and wire services.

Before becoming a lawyer, Mr. Marburger was a journalist in a top 10 market.

Articles
8/2/2009 Los Angeles Times: The Free Ride That's Killing the News Business
7/16/2009 Reviving the Economic Viability of Newspapers and Other Originators of Daily News Content

News
8/25/2010 "Best Lawyers in America" Recognizes 100 Baker Hostetler Attorneys
5/26/2010 2010 "Super Lawyers" Announced
3/24/2010 Marburger to Speak on Copyright Reform
3/10/2010 Marburger Addresses "OnCopyright 2010" Conference
1/5/2010 Marburger Named to "Most Interesting People" List
12/14/2009 Eight Named "Leading Lawyers"
10/5/2009 2009 "Super Lawyers" Announced
8/10/2009 "Best Lawyers in America" Recognizes 94 Baker Hostetler Attorneys
10/14/2008 Nine Named "Leading Lawyers"
9/25/2008 "Best Lawyers in America" Recognizes 77 Baker Hostetler Attorneys

Quotes
8/5/2009 Cleveland Plain Dealer: Developers Opposed Cuyahoga County Commissioners' "Secrecy" in Choosing Administration Building Site
8/4/2009 NPR/WCPN: Can Copyright Save the News?
8/2/2009 Washington Post: The Death of Journalism (Gawker Edition)
7/24/2009 NPR "On the Media": Copyright Flack
7/22/2009 Cleveland Plain Dealer: Idea for Protecting Newspapers Draws National Spotlight, Bloggers' Ire
7/8/2009 Editor & Publisher: Changing Copyright Law to Protect Newspapers
6/28/2009 Cleveland Plain Dealer: Tighter Copyright Law Could Save Newspapers
12/21/2008 Plain Dealer: Access to Court Records Effectively Denied