• NetChoice v. Moody (N.D. Fla.) – Obtained preliminary injunction enjoining enforcement of Florida's recently enacted candidate "deplatforming" statute, which forces a wide variety of online service providers (including social media platforms and online marketplaces) to host disinformation, hate speech, and other objectionable third-party content in violation of their standards. The court found that the statute likely violates the First Amendment

  • MetroPCS v. Picker (9th Circuit and N.D. Cal.) – Representing prepaid wireless carrier in a constitutional challenge to the California Public Utilities Commission's assessment of a surcharge imposed on users of pay-as-you-go wireless services. As amici civil rights groups explained, the surcharge disproportionately burdens low-income and minority consumers who rely on prepaid wireless service as their sole means of obtaining internet access

  • PSSI Global Services v. FCC (DC Circuit)Successfully represented CTIA-The Wireless Association as an intervenor before the D.C. Circuit in an appeal from a major FCC order that repurposes currently underutilized spectrum for “5G” services that will facilitate telemedicine, teleworking, and other innovative uses. Satellite operators and a broadcaster of live events challenged the FCC’s decision to award $9.7 billion in incentive payments in conjunction with a December 2020 spectrum auction to encourage current licensees to quickly transition their operations to a narrower band of spectrum. The auction, which the satellite operators unsuccessfully sought to stay, has already generated more than $80 billion in bids and is the largest spectrum auction in FCC history

  • Barr v. Redacted Service Provider (9th Circuit) – Representing the Center for Public Integrity, Reporters Committee for Freedom of the Press, and numerous media organizations (including The Associated Press, The New York Times, The Washington Post, and The Intercept) as amici in a case challenging permanent gag orders accompanying FBI National Security Letters

  • Twitter v. Barr (N.D. Cal.) – Representing various media organizations (including BuzzFeed, The Guardian, The Washington Post, and National Public Radio) and PEN American Center as amici in a First Amendment lawsuit challenging government restrictions on communications platforms' right to publish transparency reports disclosing aggregate information about their receipt of government requests for private user data

  • Neustar v. FCC (DC Circuit) - On behalf of intervenor trade associations CTIA and US Telecom, successfully briefed and argued before the DC Circuit an appeal from FCC order selecting new vendor to provide database administration services that are currently provided by Neustar under a contract worth more than US$400 million per year. As the National Law Journal reported, "[a]t stake [was] not just a lucrative contract − Neustar was paid US$460 million in 2014, according to court papers − but also control over a system that, as one lawyer put it … essentially makes it possible for all telephone calls in the United States to be connected."

  • Ameren Corp. v. FCC (Eighth Circuit) - On behalf of NCTA-The Internet & Television Association, successfully briefed and argued appeal as intervenor in support of a 2015 FCC order that limits the rents communications providers must pay to electric utilities in order to use their facilities to provide broadband service. The FCC anticipated that its order would incentivize broadband deployment by saving Internet service providers US$150 million - US$200 million per year

  • T-Mobile v. City of Roswell, Georgia (US Supreme Court) - Successfully sought certiorari and obtained reversal of adverse Eleventh Circuit decision in litigation challenging municipality's denial of a wireless provider's application to install a wireless facility

  • FCC cybersecurity enforcement action (FCC) - Represented telecommunications providers in the first ever FCC enforcement proceeding involving cybersecurity. The case arose out of an alleged data breach involving disclosure of proprietary customer information online. In 2015, the case settled on favorable terms for a fraction of the US$10 million fine proposed by the FCC

  • Facebook v. United States (DC Court of Appeals) - Filed amicus brief in the DC Court of Appeals on behalf of eight technology companies and The Reporters Committee for Freedom of the Press in support of Facebook's First Amendment challenge to a gag order concerning warrants the company received under the Stored Communications Act

  • FTC v. T-Mobile (Western District of Washington) - Represented T-Mobile in the first ever enforcement action brought by the Federal Trade Commission against a telecommunications carrier under Section 5 of the FTC Act. As PC Magazine reported, this was "the second-largest mobile cramming settlement ever handed down." It is also one of a handful of settlements ever negotiated that involved the FTC, the FC and the Attorneys General from all 50 states and the District of Columbia

  • New Cingular Wireless PCS, et al. v. Picker, et al. (Northern District of California) - Working with a coalition of communications providers, obtained a preliminary injunction blocking an Administrative Law Judge's order to share highly sensitive business data with third parties

  • Time Warner Cable v. FCC (Second Circuit) - On behalf of the FCC, successfully defended rules intended to promote diversity of video programming against facial First Amendment challenge from Time Warner Cable and cable trade association

  • Cellco Partnership v. FCC (D.C. Circuit) – On behalf of the FCC, successfully defended rules requiring major wireless carriers to allow competitors to enter into "data roaming" agreements with them on commercially reasonable terms

  • Comcast Cable Communications v. FCC (D.C. Circuit) – On behalf of the FCC, defended an order requiring Comcast to carry the Tennis Channel on its cable systems

  • City of Arlington, Texas v. FCC (US Supreme Court) - On behalf of the FCC, and working with the Solicitor General, successfully defended an FCC order designed to promote the deployment of wireless Internet services by requiring local zoning authorities to timely act on wireless carriers' applications to construct and modify cell phone towers and wireless facilities. The Supreme Court's decision is a leading precedent on Chevron deference to decisions of administrative agencies

  • FCC v. Fox Television Stations (US Supreme Court) - On behalf of the FCC, and working with the Solicitor General, successfully petitioned for certiorari and obtained vacatur of an adverse Second Circuit ruling that struck down the FCC's broadcast indecency policy as facially unconstitutional

  • TCR Sports Broadcasting Holding v. FCC (Fourth Circuit) – On behalf of the FCC, successfully defended an order rejecting a complaint by sports network MASN that it was improperly denied carriage on cable systems in North Carolina

  • Amazon.com v. NY Sate Dep't of Taxation (N.Y. Supreme Court, App. Div., 1st Dep't) – On behalf of New York State, successfully defended a first-of-its-kind statute requiring out-of-state online retailers to collect sales taxes on products purchased by in-state consumers