Eric M. David
Eric David is an Associate practicing in the areas of First Amendment law, business litigation, and media & communications. Eric represents business and individual clients in both federal and state court, including the North Carolina Business Court. Eric has trial experience in both federal and state court, and he has represented clients in federal appeals before the Fourth Circuit and the D.C. Circuit. In his media practice, Eric has advocated on behalf of newspaper and broadcast clients in a variety of First Amendment and newsgathering disputes, as well as in proceedings before the Federal Communications Commission.
Prior to attending graduate school and then law school, Eric served as Assistant Director for Summer Enrichment for the John Motley Morehead Foundation (now the Morehead-Cain Foundation) in Chapel Hill and Associate Director of Admissions and History Teacher for Sewickley Academy in Sewickley, PA. While at Sewickley Academy, Eric also coached golf, basketball, and baseball.
Recent Reported Cases
- Ascend Health Corp. v. Wells, Case No. 4:12-CV-83-BR, 2013 U.S. Dist. LEXIS 35237 (E.D.N.C. 2013) (dismissing Copyright Act claim based on fair use defense and North Carolina claims for defamation, civil conspiracy, and unfair trade practices for failure to state a claim) (on behalf of blogger/website operator).
- American Petroleum Institute v. Cooper, 681 F. Supp. 2d 635 (E.D.N.C. 2010) and 835 F. Supp. 2d 63 (E.D.N.C. 2011), aff'd in part, 718 F.3d 347 (4th Cir. 2013) (affirming summary judgment to defendants on three of four claims by oil producers' trade associations seeking to invalidate a North Carolina statute) (on behalf of intervenor-defendant trade association of petroleum and convenience marketers).
- Cherry v. F.C.C., 641 F.3d 494 (D.C. Cir. 2011) (dismissing challenge to decisions by the Federal Communications Commission) (on behalf of intervenor-appellee receiver of broadcast station group).
- Dutcher v. Eastburn et al., Case No. 5:10-CV-210-FL, 2011 WL 1134666, 39 Media L. Rep. 1605 (E.D.N.C. 2011) (dismissing defamation claims against publishers and author for lack of personal jurisdiction) (on behalf of publishers and author).
- The News and Observer Publishing Co. et al. v. Raleigh-Durham Airport Authority, 597 F.3d 570, 38 Media L. Rep. 1417 (4th Cir. 2010) (affirming district court order invalidating on First Amendment grounds airport’s complete ban on newsracks) (on behalf of publisher).
Honors & Awards
- Recognized in "Young Guns" category of Business North Carolina magazine's "Legal Elite," 2013
- Recognized as "Rising Star" in Civil Rights/First Amendment by North Carolina Super Lawyers, 2012-13
Professional & Community Activities
- The Morehead-Cain Foundation Regional Scholar Selection Committee
- Alpha Sigma of Chi Psi Fraternity Alumni Advisory Board
Publications & Presentations
- "Prior Restraint 2.0: A Framework for Applying Section 230 to Online Journalism," 1 Wake Forest J.L.& Pol'y 75 (May 2011)
- "Covering the Courts," North Carolina Press Association Newspaper Academy, April 2010
- "Sinkholes and 'Substantial Rights': North Carolina's Rejection of Enhanced Procedural Protections for Defamation Defendants," First Amendment Law Review, UNC School of Law, 2007
- "Blurring the Color Line - The Desegregation of the Baltimore City Public Schools, 1954-1994," The Urban Review, December 1994
- "Executive Privilege and the Vice President: The Bush Administration's Fight to Extend Executive Privilege over White House Records." Association for Education in Journalism and Mass Communication Southeast Colloquium, Law Division, March 2004
Seminars & Speaking Engagements