Litigation: Trial, Appellate, Agency Enforcement
Litigation is an integral part of our practice. Our representations have spanned the multiple businesses that make up the telecommunications, Internet, and media industries, including telecommunications carriers, Internet companies, cable operators, multichannel video programming distributors, broadcasters, and content providers. We have significant experience in the US, Europe, and Canada with a diverse array of litigation matters, including trial court and arbitration work; appellate litigation; and administrative litigation and enforcement work before the FCC, other US federal agencies, and state and local bodies. To meet the challenges of a diverse docket of litigation matters, we collaborate closely with the firm's litigation practice group when additional resources are needed. Much of our broad litigation experience involves cases with significant policy implications, including cases involving the First Amendment, cable franchising disputes, access to public rights of way, resale of telecommunications services, disputes with distributors, consumer protection matters, class actions, and various other issues. In addition, we counsel clients to limit the risks of litigation, including potential exposure under the US Foreign Corrupt Practices Act, as well as US export control and trade sanctions regimes.
Represented client before an administrative law judge, the US District Court for the Northern District of California and the US Court of Appeals for the Ninth Circuit in a precedent-setting challenge to the City of San Jose's preliminary denial of franchise renewal for Comcast's cable system.
Represented client in responding to threatened litigation and government inquiries under the CAN-SPAM Act, the Junk Fax Prevention Act, and other US telemarketing laws and regulations.
Represented an Educational Broadband Service licensee in contested licensing proceedings and the negotiation of excess capacity leases.
Advise client on laws and regulations governing telemarketing, faxing, and email communications with customers, at the U.S. federal level, in individual U.S. states, and in Canada.
Advised client with respect to the testing, authorization, import, labeling, and sale of new devices.