Technology, Media & Telecommunications

Even before Bell beckoned Watson, the use of communications technology to collapse distance and create immediacy has driven both commerce and culture. With an early chairman of the US Federal Communications Commission among its founders, Arnold & Porter from inception has counseled the entrepreneurs and established companies leading the way. Through cycles of regulation and deregulation, revolution, and maturation, our integrated transactional, litigation and regulatory insights help some of the world's most innovative and prominent technology, media and telecommunications businesses determine the character of their content, secure their infrastructures and power their platforms around the globe. We have guided our TMT clients through some of the largest mergers in history, advocated for them in their most important intellectual property and First Amendment cases, advised them in novel spectrum transactions and network-sharing deals, counseled them on how to obtain favorable regulatory treatment for their cutting-edge technologies, negotiated technology collaborations, and in countless other ways have helped them conceive, build, finance, commercialize, and protect their most important assets.

Business and Technical Savvy: Our in-depth understanding of our clients' business imperatives and technology enables us to develop and execute on practical legal strategies and tactics.

Groundbreaking Precedents: From winning a landmark decision in New York's highest court protecting journalists' sources to successfully defending first-ever case about "fake news," we take on the emerging and unresolved issues at the core of TMT businesses.

Regulatory Expertise: Our deep knowledge of the regulatory environment keeps us at the forefront of developments and innovation in this ever-evolving industry.

Experience Highlights

  • AT&T, as antitrust and regulatory counsel, in leading the effort to obtain US Department of Justice clearance for the $85 billion AT&T-Time Warner merger; successful defense of the Department of Justice's lawsuit to block the transaction; and the coordination of work with local antitrust and regulatory counsel to secure approvals in nearly 30 other countries, including the negotiation of conditional approvals in Brazil, Chile and Mexico.
  • Adobe in multiple IP cases, including patent, copyright and trade secret matters across several jurisdictions. We have successfully defended Adobe in numerous patent matters across e-commerce platforms and systems, electronic signatures, real-time animation, and other technologies. We also represent Adobe in the protection of its IP rights against infringers.
  • Investigative journalist in defending her right to maintain the secrecy of her sources in reporting on the Batman movie theater mass shooting, leading to a landmark decision in the New York Court of Appeals.
  • Leading television news network and two of its on-air anchors in the successful defense against first-of-its-kind defamation claim based on fake news. We won summary judgment in district court; that decision was affirmed by the US Court of Appeals for the First Circuit.
  • AT&T, as regulatory counsel, in matters related to FCC conditions on its acquisition of DIRECTV in 2015, including the preparation of semi-annual compliance reports to the FCC.
  • Premium TV network and digital media content provider in privacy and data security compliance and design for its app, data risk management issues, and updated privacy and security program and related documents.
  • Middle-earth Enterprises in the negotiation and drafting of video game and merchandise license agreements on behalf of The Saul Zaentz Company (d/b/a Middle-earth Enterprises), holder of film, stage and merchandising rights in The Hobbit and The Lord of the Rings.
  • HarperCollins Publishers in various antitrust actions involving the pricing of e-books, as well as in private class action and retailer litigation brought against various publishers and Apple.
  • Xilinx Inc., a Nasdaq-listed leader in adaptive and intelligent computing, with respect to the acquisition of Solarflare Communications Inc., a leading provider of high-performance, low latency networking solutions for customers spanning FinTech to cloud computing.
  • Ad hoc group of term lenders to iHeartMedia Inc. in the restructuring of approximately $20 billion of debt issued by iHeartMedia and its affiliates. Our bankruptcy, litigation, corporate, tax, and regulatory lawyers guided the clients through a complex, multiyear effort, which included a successfully litigated adversary proceeding trial over alleged violations of an indenture covenant; the separation of iHeart and Clear Channel Outdoor Holdings Inc. into independent public companies; and addressing the antitrust issues for iHeart's successful emergence from bankruptcy. Because iHeart operates the largest collection of US broadcast radio stations, our telecommunications lawyers ensured compliance with US Federal Communications Commission rules. Compliance has been complicated by many of the funds or investment advisors being formed in offshore jurisdictions, requiring an FCC declaratory ruling to permit up to 100 percent foreign ownership. Following the template we pioneered in the Cumulus Media restructuring enabled iHeart to emerge from bankruptcy prior to that declaratory ruling.
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