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Tom Burke concentrates his practice on Internet, media law and entertainment litigation matters. He has nearly two decades of trial and appellate court litigation experience defending libel, invasion of privacy, right of publicity, shield law, and copyright and trademark lawsuits on behalf of publishers, Web sites, networks, studios, authors and journalists.
A veteran newsroom lawyer, Tom is experienced in obtaining access to public records and proceedings, protecting First Amendment rights using California's anti-SLAPP statute, and vetting books, articles, scripts and Web content on a pre-publication basis.
Increasingly, Tom's law practice focuses on Internet liability issues, including DMCA (copyright) and Section 230 online immunity issues, domain ownership disputes, and online privacy and data breach issues across all industries.
Tom's clients include: Association of Alternative Newsweeklies, The Bakersfield Californian, California Lawyer Magazine, Chico Community Publishing, CNN, California Newspaper Publishers Association, Lions Gate Entertainment, The Los Angeles Times, McClatchy Newspapers, The New York Times Co., San Francisco Bay Guardian, San Francisco Business Times, San Francisco Examiner and Sierra Club. |
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Partner
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Litigators
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Media
Internet & eCommerce
Intellectual Property
Litigation
Newspapers & Publishing
Technology
Finance and Commercial Law
Music
Privacy & Security
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California, 1989
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University of San Francisco School of Law, San Francisco, California,
1989
J.D.
Honors: magna cum laudeArizona State University,
1984
B.S.
Honors: magna cum laude
Major: Broadcast Journalism |
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| Author, "Post Wikileaks: The Law of Prior Restraint Transformed", News Media & The Law, Spring, 2008
Co-Editor, The Right to Know: A Guide to Public Access and Media Law, CNPA/CFAC, 2007
Author, "Is your Website Accessible to All?", DWT Advisory Bulletin, October, 2007
Co-Author, "The Uncertain Future of Section 230 and Liability for Mixed-Content Websites", e-Commerce Law Report, November, 2007
Author, "Internet Search Terms: Embedded Privacy Issues", Privacy & Data Security Law Journal, April, 2006
Author, "SLAPP Happy? California's anti-SLAPP statute has been undergoing some changes", The Recorder, 2006
Co-Author, "Confronting Blog Spam", GC New York, July, 2005
Co-Author, "Cyber Outlaws: Tracking Spammers, Phishers and Cybersquatters", The New York Law Journal, April 18, 2005
Author, "Disabilities and Internet Site Design", Internet Law & Practice (Thomson/West), 2002
Co-Editor, The Reporter's Handbook on Media Law (Current Ed.), published by the California Newspaper Publisher's Association
Co-Author, "Access to the Courts", Chap. 7), The Courts and the News Media (1993 & 2002 Eds.), published by the California Judges Assoc
Co-Author, "Navigating the Web of Rules Governing Internet Advertising", DWT First Amendment Law Letter, Summer, 2002
Co-Author, "Notice Requirements Help Journalists Facing Abusive Subpoenas", DWT First Amendment Law Letter, Winter, 2002
Author, "Online Correction Policies: Reducing Defamation Exposure", ABA Media Law and Defamation Torts Committee News, Summer, 1999 |
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Association of Alternative Newsweeklies
The Bakersfield Californian
California Lawyer Magazine
Chico Community Publishing
CNN
California Newspaper Publishers Association
Lions Gate Entertainment
The Los Angeles Times
McClatchy Newspapers
The New York Times Co.
San Francisco Bay Guardian
San Francisco Business Times
San Francisco Examiner
Sierra Club
Western Communications
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| Speaker, "Its Everyone for Themselves:Managing the Legal Challenges of User Generated Content"The Digital Earthquake: Groundbreaking Changes Affecting Entertainment and Media Law, 5th Annual Conference, Southwestern Law School, Los Angeles, CASpeaker, “Subpoenas to the Media: Should There Be a Federal Reporter’s Privilege?”, Bar Association of San FranciscoSpeaker, "Section 230 Hypotheticals After Roommates.com", California Chapter of the Media Law Resource Center, Los Angeles, CAPanelist, "Media Mutation: A Fateful Force in Press Freedom", 20th Annual Media & the Law Seminar, Kansas City, MOSpeaker, California’s Anti-SLAPP Law and Environmental Litigation, Second and Third Annual Environmental Law Forum, University of California, Berkeley,
2006
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2007Speaker, Digital Publishing Issues, ECPA Publishing University, Chicago, ILPanelist, Citizen Witness, Second Annual William G. McGowan Forum on Communications, Technology and Government, The National Archives, Washington, D.C.Moderator, Internet Legal Issues, Media Law Resource Center’s Bi-Annual Conference, Alexandria, VASpeaker, Current Internet Legal Issues, Association of Alternative Newsweeklies Web Publishing Conference, San Francisco, CAInstructor, Current Libel, Privacy and Internet Issues, ASNE High School Journalism Institute, University of California, Berkeley,
2004
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2006Panelist, Trade Secrets and First Amendment Issues, 30th Annual Intellectual Property Institute, Napa, CA"Newspaper Publishing on Internet Time: A U.S. Perspective," Speech to the 7th Annual Editor's Forum/World Association of Newspapers, Rio de Janeiro, Brazil |
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| Named as one of the "Best Lawyers in America" in First Amendment Law, 2004-2006; named in First Amendment and Media Law,by Woodward/White,
2007
- Present
Selected to "Northern California Super Lawyers," Law & PoliticsRecognized for Media & Entertainment matters in Chambers USA: "America's Leading Business Lawyers",
2003
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2007Named as one of the "Lawdragon’s 3,000 Leading Lawyers in America"Recipient, James Madison Freedom of Information Award for Legal Counsel, Northern California Chapter of the Society of Professional Journalists |
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California Commission for Impartial Courts: Task Force on Judicial Candidate Campaign Conduct,
2007
- Present
MemberGoverning Board, ABA Forum on Communications Law,
2008
- Present
MemberInternational Bar Association,
2007
- Present
MemberFreedom of Information Committee, Northern California Chapter of the Society of Professional Journalists
Co-ChairMedia Defense Resource Center’s Internet Law Committee,
2004
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2006
Co-ChairCalifornia First Amendment Coalition,
1990
- Present
Legal AdvisorGraduate School of Journalism, University of California, Berkeley,
2002
- Present
Lecturer, J255, Law & Ethics |
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| Hon. Marilyn Hall Patel, U.S. District Court, Northern District of California, Extern Law Clerk |
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1962, Hastings, Nebraska, United States of America
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Communications & Media Law, Internet, Business & Commercial Law, Intellectual Property Law, Litigation & Appeals, Print Media, Science & Technology Law, Banking & Finance Law, Art, Securities Law
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| 9/7/2009 |
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