Jonathan E. Buchan

How I Can Help

Commercial Litigation
Media Law
First Amendment Litigation
Mediation
Financial Services Litigation
Copyright, Trademark, and Trade Secrets

Biography

Jon handles a broad range of business litigation, with an emphasis on media, Internet, and intellectual property issues. In his media practice, he is involved in all aspects of representation of national and North Carolina media clients, including newspapers, radio stations and television stations. He has experience handling trade secrets, copyright and trademark litigation. He has taught seminars on mass media and communications law at Wake Forest University Law School. In 2012, Jon led a team providing a “legal hotline” for the Reporters Committee for Freedom of the Press during the Democratic National Convention in Charlotte. He has been a North Carolina Dispute Resolution Commission certified Superior Court Mediator since 2007.

Jon is an active member of the Charlotte community. He is a board member of the North Carolina Humanities Council and of the North Carolina Open Government Coalition, and was recently board chair for WFAE, Charlotte’s public radio station. He is a past president of the Mecklenburg County Bar, and a past board member of the MCB and the Mecklenburg Bar Foundation. He also served on the North Carolina Bar Association’s Board of Governors. He previously served as a board member of Legal Services of the Southern Piedmont, a board member of North Carolina Trust for Public Land Advisory Board, and the past president and board member of Hospice of Charlotte, Inc. (now Hospice & Palliative Care Charlotte Region).

Jon enjoys tennis, trout fishing, and wildlife photography. He is the author of the novel Code of the Forest.

Education

  • Duke University School of Law, JD, 1978
  • Princeton University, AB, magna cum laude, 1972

Thought Leadership

Representative Work

  • United States of America v. David H. Petraeus., 2015 U.S. Dist. LEXIS 73896, 43 Media L. Rep. 2147 (W.D.N.C. June 8, 2015).  (On behalf of The Reporters Committee for Freedom of the Press and numerous news organizations, successfully moved to unseal sentencing memoranda and letters of support submitted to the court in connection with the sentencing of former CIA Director David Petraeus related to charges of unauthorized disclosure of classified material.)
  • United States of America v. Patrick D. Cannon, 2015 WL 3751781 (W.D.N.C. June 16, 2015). (On behalf of The Charlotte Observer, successfully moved to unseal sentencing memoranda, including medical and mental health information related to recommendation for participation in prison substance abuse program, and letters of support submitted to court in connection with the sentencing of former Charlotte Mayor Patrick D. Cannon on charges involving bribery and public corruption.)
  • State of North Carolina v. Randall Kerrick, 43 Media L. Rep. 2149 (N.C. Superior Ct. 2015) (On behalf of a coalition of news organizations, won denial of motion by defendant police officer to have gag order imposed on lawyers, law enforcement officials and court personnel in criminal case involving officer who shot and killed unarmed suspect. We also successfully moved for access to completed juror questionnaires during voir dire in criminal trial and for access to sealed transcripts of depositions taken in parallel civil case brought by estate of the deceased suspect.)
  • In re Ragavage, 43 Med. L. Rptr. 1057 (N.C. Super. Ct. 2014). (obtained order granting motion to quash subpoena to television news reporter and award of attorneys’ fees and costs against civil litigant which sought reporter’s testimony.)
  • Marcus J. Johnson v. The City of Raleigh, ABC 11, et al. (E.D.N.C. 2013) (obtained dismissal on statute of limitations grounds of defamation claim arising from article posted on television station website based on application of the single publication rule).
  • State of North Carolina v. Jonathan Fitzgerald, 39 Med. L. Rep. (BNA) 2251 (2011). Obtained order quashing subpoena to documentary producer for ITV Studios, Inc., which was subpoenaed by a criminal defendant to produce all raw video footage and reporters’ notes in a capital murder case. The court refused to allow the defendant to use a criminal discovery statute to obtain the same information.
  • Advanced Internet Technologies, Inc. v. Fayetteville Publishing Company (N.C. Superior Ct.). Obtained court order denying plaintiff’s attempt to have newspaper (and other Internet service providers) disclose identities of anonymous third-party posters to websites. Court refused to require disclosure.
  • United States v. Demario James Atwater, (M.D.N.C. 2010). Opposed subpoena duces tecum to network-owned television station from capital murder defendant for copies of all aired broadcasts and all articles and comments posted on station website; court quashed subpoena as overbroad and burdensome.
  • State of North Carolina v. Demeatrius Montgomery, (N.C. Superior Ct. 2010). Trial court, over objections of prosecutor and murder defendant, granted The Charlotte Observer’s motion for contemporaneous access to transcripts of audio and video recordings of 911 tapes and police communications played to jury during trial of defendant charged with murder of two Charlotte police officers.
  • Obtained dismissal of series of federal and state court complaints alleging fraud and unfair and deceptive trade practices claims against national bank brought by borrowers who purchased undeveloped resort properties.
  • Obtained dismissal of defamation and related claims against law firm arising from email communications about plaintiffs.
  • Obtained dismissal of Internet defamation and related claims against publisher of international scientific journal.
  • Obtained summary judgment for television station in libel suit brought by Daniel Green who was convicted of murdering the father of basketball star Michael Jordan.
  • Obtained dismissal of third-party claims against television network in libel action arising from broadcast.
  • Secured directed verdict for bank in case asserting bank had improperly accepted significant checks for deposit into wrong account.
  • Defense of individual officers and directors of publicly traded company in derivative actions brought in state and federal court alleging company and employees had improperly “backdated” stock option grants.
  • Defense of a newly hired chief executive for international agricultural chemical company against breach of contract and trade secret misappropriation claims brought by his former employer who unsuccessfully sought preliminary and permanent injunction against his working for the new employer.
  • Representation of a national software company in litigation brought by a prospective business partner involving claims of trademark and copyright infringement and of trade secret misappropriation related to software for performance measurement in the health care industry.

Professional Recognition

  • Named in The Best Lawyers in America, Litigation – First Amendment Law, Woodward/White, Inc., 1991-2018
  • Named to “North Carolina Super Lawyers,” Business Litigation, Intellectual Property Litigation, First Amendment/Media/Advertising, Thomson Reuters, 2007-2017
  • Selected for inclusion in America’s Leading Lawyers for Business, Litigation: First Amendment, North Carolina, Chambers USA, 2007-2017
  • Recipient, William C. Lassiter First Amendment Award, North Carolina Press Association, 2000

Associations & Admissions

Bar Admissions

  • North Carolina
  • Western District of North Carolina
  • Middle District of North Carolina
  • Eastern District of North Carolina
  • U.S. Court of Appeals for the 4th Circuit

Professional Associations

  • Former President, Mecklenburg County Bar, 2004-2005
  • Board Member, Mecklenburg County Bar Foundation, 2010-2013
  • Member, Board of Governors, North Carolina Bar Association, 2006-2008
  • Chair, Mecklenburg County Bar Leadership Institute, 2007-2008
  • Chair, Mecklenburg County Bar Access to Justice Campaign, 2005-2006