We have litigated many significant cases before the federal and state courts, adjudicatory agencies and private arbitrators. Our lawyers have appeared before the Supreme Court and the federal appellate courts in dozens of appeals of Federal Communications Commission (FCC) and other agency decisions.

The strength of our practice extends to both sides of the Atlantic. In Europe, we litigate matters for clients before the European Court of First Instance and Court of Justice, and also handle litigation and appeals to national courts from regulatory authorities.

Experience

In recent appellate matters, we have:

  • Submitted an amicus brief in the Supreme Court in support of the respondent concerning whether local exchange carriers should be required to provide "entrance facilities" to competitors at below-cost, regulated rates under the Telecommunications Act of 1996. [Talk America, Inc. v. Michigan Bell Telephone Co., No. 10-313 (Sup. Ct.)]
  • Represented a Bell company in connection with the DC Circuit's review of the FCC's net neutrality rules. [Verizon v. FCC, No. 11-1355 and 11-356 (D.C. Cir.)]
  • Represented a Bell company in support of the FCC's decision to forbear from dominant-carrier regulation of enterprise broadband services. [Ad Hoc Telecommunications Users Committee, et al. v. FCC & USA, No. 07-1426 (D.C. Cir.)]
  • Represented a Bell company in opposing the cable television industry's DC Circuit challenge to FCC program access rules that require incumbent cable operators to share certain affiliated programming with rival multichannel television providers. [Cablevision Systems Corp. v. FCC, No. 10-1062 (D.C. Cir.)]
  • Represented a cable company and cable industry trade association in the DC Circuit in opposing the electric power industry's effots to overturn an FCC decision promoting competitively priced access to critical infrastructure. [American Electric Power Serv., et al. v. FCC, No. 11-1146 (D.C. Cir)]
  • On behalf of the US mobile broadband industry, presented argument in the Third Circuit in Council Tree Communications, Inc. v. FCC (3d Cir. 2010) and successfully defended the results of the FCC's auctions for mobile broadband spectrum. We then represented T-Mobile against our opponents' unsuccessful bid to obtain Supreme Court review of the Third Circuit's decision.
  • Represented a Bell company in the Tenth Circuit in challenging the FCC's decision not to relieve it of network-sharing and "dominant carrier" requirements in Phoenix, Arizona. [Qwest Corp., v. FCC & USA, No. 10-9543 (10th Cir.)]
  • Represented the lead wireless provider in the Supreme Court case of City of Rancho Palos Verdes v. Abrams, which will decide whether carriers may sue state and local governments under 42 USC § 1983 for violations of the Telecommunications Act.
  • Represented the Bell companies in the DC Circuit appeal of the FCC’s Vonage Order preempting state authority over Voice over Internet Protocol (VoIP) services.
  • Represented two Bell companies in multiple appeals in the Tenth Circuit concerning the FCC’s allocation mechanisms for high-cost universal service support.
  • Advised clients in appeals concerning FCC rules on facilities unbundling, number portablility, access charges, advanced services, shared transport, price caps and enforcement procedures.
  • Argued the first appeal of an FCC order granting a Bell company permission to enter the long distance market.
  • Represented clients in challenges to FBI rules imposing extraordinary burdens and costs on carriers in rules promulgated under CALEA.