David A. Barnette

BIOGRAPHY
Phone: (304) 340-1327 | Fax: (304) 340-1380 | Email: dbarnette@jacksonkelly.com
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202


David A. Barnette is Of Counsel and a member of the Firm's Commercial Law Practice Group. His practice is focused upon business law, business litigation, technology and intellectual property matters. Mr. Barnette has represented numerous major corporations in litigation arising from contract, technology, antitrust and construction law matters. Since 1991, Mr. Barnette has been the General Counsel to the West Virginia Broadcasters Association and regularly represents some of the state's largest television and radio stations on an individual basis. Mr. Barnette has been lead trial counsel for media clients in four significant defamation cases. Mr. Barnette is a regular contributor and writer in the area of broadcast law. He is the co-author of Keeping It Legal, a guide for broadcasters published by the West Virginia Broadcasters Association.  Mr. Barnette is the author of West Virginia's reporter's shield law passed by the legislature in 2011.

Mr. Barnette is a member of the International Technology Law Association and the Federal Communications Bar Association. He is a member of the American Academy of Adoption Attorneys and has served on the West Virginia Law Institute Committee on Adoption Law Reform. Mr. Barnette is a member of the Concord University Board of Governors, currently serving as its Vice Chairman, and a former Chairman of the Concord University Foundation, Trustee and Secretary of the WSAZ Children's Charities Foundation and Director and Secretary of the West Virginia Broadcasters Educational Foundation. Mr. Barnette also serves on the University of Dayton School of Law Board of Advisers.

Mr. Barnette has been recognized since 2003 as one of Woodward/White's The Best Lawyers in America® in Antitrust, Intellectual Property and Information Technology Law.  Mr. Barnette is a former adjunct professor at the University of Charleston and is a regular lecturer on computer, copyright and adoption law within the state of West Virginia. Mr. Barnette has also received the Certificate of Merit from the West Virginia Bar Association. In 2007, he was recognized for his outstanding advocacy of adoption by the Congressional Coalition on Adoption Institute (CCAI) as an Angel in Adoption. 
 
Mr. Barnette graduated from Concord University where he received his Bachelor of Arts degree in political science in 1973 and received a Master's degree in political science from Marshall University in 1975. Mr. Barnette joined the Firm in 1979 upon receiving his Juris Doctor degree from The University of Dayton where he served as a Law Review Editor. Mr. Barnette became a member of the Firm in 1986.

 
Legal Experience
 
1979 - PresentJackson Kelly PLLC
 
Education
 
1979J.D.University of Dayton School of Law (OH)
1975M.A.Marshall University (WV) (Government/Political Science)
1973B.A.Concord College (WV) (Political Science/Sociology)
 
Bar Admissions
 
1979Ohio (Inactive)
1979West Virginia
 
Court Admissions
 
1989U.S. District Court, Northern District of Ohio
1988U.S. Tax Court
1988U.S. Court of Appeals, Seventh Circuit
1984Supreme Court of the United States of America
1984U.S. District Court, Northern District of West Virginia
1982U.S. Court of Appeals, Sixth and Eighth Circuits
1981U.S. Court of Appeals, Third Circuit
1979U.S. Court of Appeals, Fourth Circuit
1979West Virginia Supreme Court
1979U.S. District Court, Southern District of West Virginia

Professional Involvement:
  • Alliance of Alcohol Industry Attorneys and Consultants
  • The West Virginia State Bar Judicial Election Campaign Advertising Commission
  • West Virginia Broadcasters Association, General Counsel, 1991 to present
  • Fellow, American Academy of Adoption Attorneys
  • International Technology Law Association
  • Federal Communications Bar Association
  • Kanawha County Bar Association
  • West Virginia State Bar Commission on Advertising
  • American Academy of Adoption Attorneys
  • West Virginia Law Institute Committee on Adoption Law Reform
  • West Virginia State Bar
  • Judge John A. Field, Jr. American Inns of Court

Community:
  • Chairman, Concord University Board of Governors, 2017-2018
  • Board of Governors, former Vice Chairman, Concord University
  • University of Dayton School of Law Board of Advisors
  • Concord University Foundation, former Director, former Chairman
  • WSAZ Children's Foundation, Trustee and Secretary
  • West Virginia Broadcasters Educational Foundation - Director
  • St. Marks United Methodist Church

Teaching and Lecturing:
  • Adjunct Professor, Evans College, University of Charleston, Charleston, WV  1983-88
  • "What To Do When the Software Police Come Knocking....and Other Copyright Basics," several locations
  • "Sonny Bono's Dead...But His Legacy Lives On, & Other Copyright Oddities," several locations
  • "Adoption Law," several locations
  • "The Adoption of Foreign Born Children By West Virginia Citizens," Fall 2000 West Virginia Judicial Conference 
  • "Update on West Virginia Advertising Issues," West Virginia Broadcasters Association, 1998
  • "Internet and Technology," Hugh O'Brien Youth Foundation, Dow Tech Center, 2001
  • Advertising for Auto Dealers WV Auto Dealers Association Bermuda Summer 2004
  • Speech, "Understanding State, Federal and Administrative Subpoenas," West Virginia Tax Institute, Oct. 3, 2007
  • Speech, "Newsgathering in West Virginia: The Good, The Bad and The Ugly," West Virginia Broadcasters Association Spring Meeting, 2008
  • Speech, "Liability For Theft of Computer Information," Various 2009, 2010
  • Speech with Vivian H. Basdekis, "Social Networking and Your Station: A Proactive Approach," West Virginia Broadcasters Association Spring Meeting, March 26, 2011
  • Speech, "Red Flag," West Virginia University College of Law Continuing Legal Education Program, Fall 2011
  • Speech with Vivian H. Basdekis, "Keeping it Legal: EEO and Other Topics for Broadcasters," West Virginia Broadcasters Association Spring Meeting, March 31, 2012
  • Speech with Vivian H. Basdekis, "Keeping it Legal: EEEO and Other Topics for Broadcasters," West Virginia Broadcasters Association Spring Meeting, Feb. 23, 2013
  • Speech with Vivian H. Basdekis, "Adoption Law in West Virginia, May 14, 2013
  • Speech with Vivian H.Basdekis, "Data and Identity Theft: Red Flag," West Virginia Society of Certified Public Accountants, Jan. 28, 2014
  • Speech with Vivian H. Basdekis, "What's New in EEO, Political Advertising, and Other Topics for Broadcasters 2014," West Virginia Broadcasters Association Spring Meeting, March 7, 2014

Writings and Publications:
  • Co-author with Vivian H. Basdekis, "Survey of West Virginia Libel Law," MLRC 50-State Survey 2013-2014: Media Libel Law, Oxford Univ. Press (2013)
  • Co-author with Vivian H. Basdekis, "Right of Publicity Laws: West Virginia," PLC Multistate Q&A: Right of Publicity Laws, Practical Law, Thomson Reuters (2013)
  • Co-author,"The Application of the Reporter's Privilege and the Espionage Act to Wikileaks," 37 U. Day. L. Rev. 165 (2012)
  • Keeping It Legal: A Guide For Broadcasters, First Through Sixth Edition
  • Co-author with Vivian H. Basdekis, "Intellectual Property: West Virginia," Lex Mundi (2009)
  • Manual for the West Virginia Human Rights Hearing Examiners, published by the West Virginia State Bar, 1985
  • "The Price of Procrastination: Lenders Rights to Late Charges," (with Professor Hill, 2 Lending Law Forum 3, No. 8, (May 1978)
  • Note, Ohio Enacts a Nonresident Alien Land Registration Law, 29 Dayton Bar Briefs 3, No. 6 (June 1979)
  • Note, Establishment Clause:  State Aid to Non-Public School Children Upheld in Part, 3 U. Day. L. Rev. 491 (Summer 1978)
  • Note, Free Speech:  Burden of Proof Shifted in Teacher Dismissal Case, 28 Dayton Bar Briefs 10, No. 2 (Oct. 1977)

Awards and Honors:
  • Selected by his peers for inclusion in The Best Lawyers in America® for Information Technology Law, 2018
  • Selected by his peers for inclusion in The Best Lawyers in America® for Information Technology Law and Litigation - Intellectual Property, 2016-2017
  • Listed in the Litigation Section of 2013-2015 Super Lawyers® Business Edition for Business Litigation, 2013-2015
  • Named in the 2013-2017 editions of West Virginia Super Lawyers® for Business Litigation Law
  • Selected by his peers for inclusion in The Best Lawyers in America® for Copyright Law, Information Technology Law and Litigation - Intellectual Property, 2003-2015
  • Recipient of the "Dean Francis J. Conte Special Service Award" from the University of Dayton, School of Law Alumni Association
  • Angel in AdoptionTM by The Congressional Coalition on Adoption Institute (CCAI), 2007
  • Certificate of Merit, West Virginia State Bar, 1986
  • Special Projects Editor, University of Dayton Law Review
  • West Virginia Broadcasters Association, Presidents Award 1999
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