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.
As a media and First Amendment lawyer with a national practice, Rob offers counseling and litigation services to 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:
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 publisher of a community newspaper. 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, and ethics, as well as 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.
Rob has served as an adjunct professor in communication and media law at Boston College and Tufts University, and is a frequent guest speaker to journalism classes at Northeastern University, Emerson College, Boston University, and elsewhere. For more than 20 years, he has authored the annual survey of First Circuit libel law published by the New York-based Media Law Resource Center. He also writes the outline of Massachusetts public access law published by the Reporters Committee for Freedom of the Press.
In his employment practice, Rob counsels employers on issues including terminations, sexual harassment, wage and hour laws, and independent contractor status. He regularly represents educational institutions in employment, disciplinary, and intellectual property matters.
Rob has defended businesses in state and federal court, and at the Massachusetts Commission Against Discrimination (including in public hearings), against harassment, discrimination, retaliation, defamation, breach of contract, wrongful discharge and other common-law and statutory claims. His annually updated survey of Massachusetts employment libel law is distributed nationwide by LexisNexis.
Rob was an associate, then partner, at the Boston law firm of Hill & Barlow for 13 years until it closed in 2003. Before attending law school, he worked as city editor of the daily Transcript-Telegram newspaper in Holyoke, Massachusetts, attended the Radcliffe Publishing Procedures Course in Cambridge, Massachusetts, and was an editor on the founding staff of New England Monthly magazine, which twice won the National Magazine Award for General Excellence.