Samir Jain is a partner in the firm's Regulatory and Government Affairs Department, and a member of the Communications, Privacy and Internet Law Practice Group. He joined the firm in 1995.
Mr. Jain is an accomplished trial court and appellate litigator who regularly appears before federal and state courts and administrative agencies on behalf of Internet and information service providers, telecommunications carriers, e-commerce companies and other technology-related clients. He also is an experienced counselor on a wide range of Internet, communications regulatory and administrative law issues.
Practice
Mr. Jain’s practice involves litigation and counseling on a wide range of cutting-edge telecommunications and e-commerce issues. He has extensive experience litigating cases in areas such as competition and pricing issues under federal telecommunications law, online content liability, privacy, the First Amendment, defamation, network security and electronic surveillance. In addition, Mr. Jain represents communications clients in rulemaking and enforcement proceedings before the FCC concerning issues arising under the 1996 Telecommunications Act such as regulation of advanced and data services and the regulatory obligations of common carriers. He also counsels Internet service providers and other e-commerce clients on compliance with data privacy laws, advertising regulations and legislative issues.
Recent Highlights
- Represented America Online at both the trial and appellate levels in cases of first impression that established the principle that providers of online, interactive services are not liable for defamation or other torts resulting from third-party content disseminated through such services.
- Represented Qwest and Verizon in proceedings before the Supreme Court, as well as the FCC and various state agencies, concerning the proper methodology for determining the prices at which incumbent carriers should be required to lease elements of their networks to competitors under the 1996 Telecommunications Act. He has co-authored briefs to the Supreme Court, played central roles in hearings (including the first pricing arbitration conducted by the FCC), and developed testimony by economists and other experts to help set the ground rules for introducing competition in local telephone markets.
- Represented America Online and Netscape in a number of matters involving subpoenas and warrants seeking the identity of anonymous online speakers. He co-authored briefs and presented oral arguments that helped convince courts that such speakers have a First Amendment interest in maintaining anonymity and that courts accordingly must erect procedural safeguards before litigants can force the disclosure of a speaker’s identifying information.
- Represented the United States Telecom Association in two appeals in which he helped convince courts that considerations of cost and privacy required limitations on the scope of rules developed by the FCC and the FBI concerning the extent to which telecommunications carriers are obligated to design their networks to enable law enforcement to conduct electronic surveillance.
Professional Activities
Mr. Jain has served as co-chair of the Telecommunications Committee of the Computer and Telecommunications Law Section of the District of Columbia Bar. Mr. Jain co-authored a chapter entitled "Third-Party Content Liability in the United States," which appeared in the book Internet Law for the Business Lawyer (2001). In addition, he has written numerous articles concerning Internet and telecommunications issues that have been published in Internet Law & Business, Journal of Internet Law, Global Telecoms Business, and Legal Times . He also is a frequent speaker on technology issues, most recently moderating a panel discussion entitled "Recent Developments in Cyberlaw." Mr. Jain co-taught a course on E-commerce Law at George Washington Law School in Spring 2004.
Honors and Awards