US > Media, technology and telecoms > Telecoms and broadcast - regulatory: National
Index of tables
Telecoms and broadcast: regulatory
-
1
-
2
-
3
Leading lawyers
-
- Gary Epstein, Latham & Watkins LLP ‘Dominates this kind of work’
- Jonathan Blake, Covington & Burling LLP ‘One a handful of the top standard of experts in the field’
- Michael Senkowski, Wiley Rein LLP ‘An encyclopaedia on telecom law’
- Richard Wiley, Wiley Rein LLP ‘He is looked to from every quarter of this industry as the outstanding figure in telecommunications law’
- Cheryl Tritt, Morrison & Foerster LLP ‘Has been my hero on many occasions’
- Scott Blake Harris, Wiltshire & Grannis LLP ‘At the heart of some of the most impressive and influential work we’ve seen’
- John Nakahata, Wiltshire & Grannis LLP ‘An exceptional attorney and privilege to work with’
- Richard Metzger, Lawler, Metzger, Milkman & Keeney ‘A sharp analyst, but also a lawyer with a very personal touch’
In a sector such as this, which has been relatively robust and continues to develop new avenues of commercial possibility at an exceptional rate, it’s understandable to see several of the country’s leading law firms tussling for dominance.
One particular trait of this market, however, is the variety of practices that have been able to co-exist and compete. From boutiques to white-shoe firms, several models have been successful at providing the necessary regulatory wherewithal to guide clients through the demands of the state and federal commissions, or the transactional nous to handle the industry’s big deals. Given the high value placed on experience of working at or before the Federal Communications Commission (FCC), firms that have such individuals have been able to amass a noteworthy market share. This could, in part, explain why this area of the legal market is reasonably static in comparison with the flux in the communications sector in general.
This section encompasses broadcast and satellite work, as well as ‘pure’ telecom work. This recognizes the increasing degree to which these areas are intertwined and the propensity of a number of leading communications practices to balance several elements rather than relying solely on one source of activity. The ongoing movement of clients from their traditional corners of industry to other forms distribution, wireline clients involvement in online content distribution for example, provides further incentive for firms to offer an increasingly broad palette of expertise.
From a regulatory standpoint, companies looking for advice on compliance issues come from an increasingly diverse set of backgrounds. Investors active in the communications sphere, content providers, and internet companies consistently come to the market leaders for counsel and the influence of the incoming government on the approach of the commission to regulatory matters will likely stress this further.
That several of the firms that are able to offer transactional services in tandem with their regulatory work have been able to take advantage of the occasional crossover of these two fields is significant but isn’t instructive in defining the most successful practices. Some clients adopt the approach of retaining transactional and regulatory counsel as two separate entities and often the Wall Street elite will snap up the more prominent transactional roles here. These tables, however, seek to identify those firms able to offer dedicated experts in this particular field, and so several of the larger corporate outfits don’t qualify, despite solid records of their corporate partners acting on large transactions in this space.
The attorneys that rank here continue to consist primarily of the elite of Washington DC, and this sends its own message: those that are able to engage with and anticipate the market trends and commit resources in these areas are, more often than not, the first choice for clients seeking counsel on cutting edge issues. Note that the individuals in this table, unless stated otherwise, are all based in Washington DC.
PRACTICE: ‘They provide exactly what we need’, say Covington & Burling LLP’s clients, and for the last 5-10 years the firm has focused on a juncture in the market where it is unmatched at doing precisely that.
Rooted in Washington DC, the regulatory understanding the group possesses is highly regarded, as befits the reputation of a firm with close ties to the Washington DC bar and the FCC. However, successful syncopation with a growing West Coast presence and clutch of flagship media and broadcast clients has been the key part of a unique and forward-thinking strategy that has embraced the increasingly blurred divisions between these industry sectors. Clients recognize the value of the practice’s ‘great level of engagement with the issues that affect everyone tomorrow - next year even’, as a boon in such a fast-paced industry.
The departure of practice head Gerry Waldron and the diminishing involvement of practice giant Jon Blake have effectively deprived the team of two of its finest regulatory minds. On the other hand, the arrival of Yaron Dori’s practice from Hogan & Hartson LLP, which has particular focus on policy issues and privacy law, has complemented the group’s activity across the communications industry.
Dori led the firm’s counsel for Qwest Communications and its affiliates in connection with federal and state regulatory issues affecting transactions, a mandate that underlines the firm’s appetite for traditional telecom work as well as broadcast and media instructions.
Jennifer Johnson has been particularly active on this side of the practice, recently acting for several high-profile broadcasters on regulatory and transactional issues. These include advising, along with communications and media practice group chair Mace Rosenstein, Newport Television on strategic acquisitions, retransmission consent, network affiliation matters and regulatory compliance. Several standout mandates from 2008/09 feature this balance between transactional and regulatory, pure broadcast and come from a diverse selection of sources.
Clients say that ‘the team always delivers: timing, attitude and expertise are excellent’, which, when taken in the context of a full service firm, highlights the commitment the firm has placed in this practice. Other Washington DC firms have built a narrower, deeper approach to serving telecoms clients, but no other can match the group’s commitment to a diverse base of clients in this sector and its positioning in the face of a converging landscape.
CLIENTS: Clients include Univision Communications, Broadcasting Media Partners, Gannett, Frontline Wireless, CBS Television, Telephone and Data Systems, Qualcomm and Providence Equity Partners.
INDIVIDUALS: Clients say the team is part of ‘a highly professional and well-equipped law firm which caters for diverse client needs’. At its head is the chair of the firm’s communications and media practice, and member of the new media working group, Mace Rosenstein, described by clients as ‘very experienced and constructive - a huge advantage and a rewarding choice as outside counsel’. Rosenstein’s practice combines a high level of transactional mandates with a healthy degree of FCC expertise, or, as clients put it, ‘remarkable regulatory knowledge’.
Co-chair of the technology and media group Jennifer Johnson has also made an impact on the market and garners praise from clients for her ‘aptitude and real passion for all kinds of complex engagements’. Her focus on the broadcast and media facet of the team’s work provides a valuable balance to the group’s other efforts.
Recent arrival Of Counsel Yaron Dori, like Rosenstein, combines both transactional and regulatory elements in his practice and is known to clients as a ‘superb lawyer’ and ‘helpful and responsive’.
Elsewhere, despite his diminishing level of involvement in the group’s activity, Senior Counsel Jonathan Blake remains ‘one of a handful of the top standard of experts in the field’, according to clients and a big draw for the group.
PRACTICE: Streets ahead in scope, the resources and structure that Latham & Watkins LLP has dedicated to the communications sector have made it the strongest brand name at the telecom and satellite cross-section.
Based in Washington DC, this ‘amazing’ group is adept at, though far from restricted to, handling roles on regulatory issues connected with the deals generated by the firm’s huge presence in communications sector finance and M&A. As such, its client roster includes everything from carriers to satellite and broadcast companies and beyond, including a pool of private equity firms. This experience in managing spin-off work as well as pure regulatory affairs has continued to provide a stream of mandates, despite the downturn in the economy.
Indeed, the capacity of the firm to allocate specialists to provide sophisticated regulatory support for major investors in the communications sector has earned the team valuable ties to several of the industry’s most active financiers. Clients recognize ‘the great value of having lawyers like these who can manage the regulatory side of deals and yet still be savvy enough to understand the commercial impact’.
Clients also note the group’s ‘strong aptitude for regulatory affairs’ and indeed this has been the backbone of the firm’s Washington DC offering. Testament to this is borne out in a panoply of roles such as representing wireless carriers on FCC spectrum auctions, work with the National Cable and Telecommunications Association on challenging a FCC rule to restrict the use of customer propriety network information, and work with USA Mobility on the appeal of an FCC ruling.
Under the stewardship of ‘exceptional talent’ John Janka, the team’s level of involvement in the satellite industry is matched only by a few specialist practices. The team was recently retained by Inmarsat on a variety of FCC, antitrust and national security matters, including negotiating a complex arrangement with MSV and SkyTerra regarding the co-operative development of new wireless voice and data services, a role that sits among a catalogue of complex roles in this field.
Broadcast and cable clients also praise the group, one client commenting on its ability to ‘break down problems and come up with a practical strategy to effectively overcome them’. Building a reputation for handling the regulatory issues arising from the crossover of media, broadcast and internet services has attracted clients from opposite ends of the industry, such as Yahoo! and Verizon. A cohesive international outlook has also given the group an advantage in retaining clients with foreign interests, as well as overseas clients looking to move into the US market.
The team, described by clients as ‘great counsel on any number of current issues’, continues to be unbeaten in its ability to combine the full-service model with specific focus on each facet of the communications field.
CLIENTS: Clients include Verizon, Yahoo!, SAT-GE, PCIA - The Wireless Infrastructure Association, Global Crossing, CW Network, Regent Communications, Asia Broadcast Satellite, Sirius XM Radio, ViaSat, BBC Worldwide and Leap Wireless.
INDIVIDUALS: Gary Epstein is the chair of the communications practice group and the figurehead of the telecommunications practice. He has long had a leading FCC practice and clients say he ‘dominates this kind of work’. In applying his ‘excellent judgement’, as clients say, to cases that have often featured carriers, satellite and broadcast clients, Epstein has a leading record of acting on some of the highest profile regulatory mandates.
Partner Teresa Baer is a ‘great person to have on your side’, say clients. Her practice is particularly notable for her work on national security issues for foreign investors, as well as advising clients on regulatory aspects of their transactions.
A key contact for many of the group’s leading satellite clients, partner and deputy practice chair John Janka, ‘keeps the clients’ interests in focus’. ‘Well known to be one of the best, rightly so’, say clients, Janka’s mix of transactional and regulatory capabilities make him ‘one of the best satellite lawyers there’s ever been in this country’.
Clients also name the ‘very strong’ Karen Brinkmann, a former advisor to the FCC chairman, as a leading figure. Elsewhere, Matthew Brill is known to clients as a ‘skilful lawyer and fast becoming one of the best in the DC communications bar’.
These attorneys are based out of the firm’s Washington DC office.
PRACTICE: ‘ Wiley Rein LLP are the first name as far as regulatory counsel go’, say clients. Indeed, the firm’s success in translating an unrivalled history of achievement in the Washington DC communications market to a modern practice equipped to handle the rapidly changing needs of clients, has helped them to lead the market for over two decades.
The integration of regulatory and public policy has been the cornerstone of the team’s structure; indeed only the few local communications boutiques are able to argue such positioning and they can’t match the firm’s level of resources. By virtue of superior numbers of experts and a blend of attorneys with backgrounds at the commission and young talent, the team has maintained its capabilities to address issues from every corner of the communications world.
The return of Tyrone Brown, a former FCC commissioner with a focus on regulatory and public policy matters, is a further boost for a group which has seen a continuous flow of big-name hires over the last 3-5 years. Clients relate that although there might be perceived risks in such a growth strategy, ‘the people we’ve worked with there have always been the right people for the task and that’s one of the great assets of using this firm’.
Flagship clients in each sector are able to retain teams of specialists, lawyers with decades of FCC dealings and ancillary litigation and appellate expertise. Clients hail the firm’s capacity ‘to put together exactly the right people, not to overstaff but to provide the precise expertise we need’. The team has consistently won mandates as regulatory counsel on high profile mergers, despite competing with practices with a strong transactional component. In 2008, the team advised Sirius Satellite Radio in the company’s $3.5bn acquisition of XM Satellite Radio, an industry-defining transaction by virtue of its value and the position in the market of the clients involved.
On the telecom side, the team is at the frontier of market activity, frequently the first stop for carriers on FCC matters. Work with Verizon to secure federal government approvals for the construction and operation of two new submarine cables, the first authorized by the FCC in several years, is one of several recent instances of this consistency in engaging with current trends.
Along that vein, wireless industry work has been pervasive in the team’s activity, drawing on the capabilities of spectrum engineers and demonstrates what clients refer to as ‘comprehensive understanding of the wireless landscape’.
CLIENTS: Clients include Verizon Wireless, Nokia, Comcast and Motorola, Viacom/CBS, AT&T and ARINC.
INDIVIDUALS: ‘An encyclopaedia on telecom law’ says one enthusiastic client of Michael Senkowski. As chair of the telecommunications practice, Senkowski is a figurehead for the team, leading the line on telecom matters and, according to clients, ‘unbeatable if you’re looking for guidance on an FCC issue’.
Another huge name for the group is former FCC chairman, firm founder and communications practice head Richard Wiley. ‘He is looked to from every quarter of this industry as the outstanding figure in telecommunications law’, say clients.
Partner Helgi Walker combines strength in both the disputes and the regulatory arena. According to clients, she has a ‘great understanding of the FCC and how to untangle the regulatory problems but still retain an eye on the commercial current’.
Among a raft of promising up-and-coming talent, Partner Nancy Victory stands out as a ‘rising star’ and someone clients say has ‘done so much quality work she’s a first choice’.
These attorneys are based out of the firm’s Washington DC office.
PRACTICE: Dow Lohnes PLLC is well-known in the market for its prowess in broadcast and cable matters, and while its reputation on the telecom carrier side is eclipsed by some leading practices, the firm’s integrated platform has been successful in reaching clients across the sector.
Having built outward from a core of media clients, the team has embraced the regulatory and transactional aspects of the industry consolidation and the collocation of services. Meeting the needs of media companies of all shapes and sizes has been a staple of the group’s activity and the team is structured accordingly to incorporate business and regulatory elements. As clients put it: ‘We feel looked after and comfortable that the attorneys can assess our problems from a business perspective and foresee any bumps in the roads’.
The multiplicity of disciplines undertaken by the current practice has given the group weight in several less traditional areas, such as the new media group, which, while separate from the communications practice, broadens the service provided to communications clients.
The team recently represented Insight Communications in connection with its agreement with Comcast Corporation to divide and distribute the cable systems held by the Insight Midwest partnership. This type of engagement, requiring a strong commercial outlook and deep knowledge of this particular area of the industry squares with the firm’s strength: ‘classic good lawyering skills which get deals done’, as clients put it.
CLIENTS: Clients include Thomas H Lee Partners, Oak Hill Capital Partners, Cox Communications, Sprint Nextel, Local TV, Comcast, Allbritton Communications, McGraw-Hill Broadcasting, Media General and Ion Media Networks.
INDIVIDUALS: Head of the communications law practice group Kevin Reed is known by his clients for being ‘never slow to respond, never short of an idea or an answer that will take a case forward’. Reed represents a wide range of media and broadcast companies and has a particular expertise in handling FCC matters within this sphere.
Another partner with a strong reputation of representing companies before the commission is partner John Feore. Clients say Feore and Reed are ‘above are all very business oriented and experienced’ and ‘highly recommended’. Both practice out of the Washington DC office.
PRACTICE: Clients looking for pure regulatory expertise for cutting edge issues in the telecom space, for whom the resource limitations of the boutique model isn’t a factor, regard this communications and technology outfit as ‘market leaders’.
Close focus on the regulatory needs of clients from a host of backgrounds plays to the strengths of a team with a high level of FCC expertise, as a number of the team have had prominent roles in the commission. This structure is supplemented with a solid litigation element, giving the team the versatility to steer clients through any number of situations.
Clients point out the team’s ‘real knowledge of the area… they are the species of specialists you want on your team’. This approach engenders handling highly complex matters, for example tech clients acting in the communications sphere, spectrum auctions, submarine cable landings, federal regulations on satellite broadband operators.
Although the team has the experience to be competitive in the wireline, broadcast and cable industries, it’s the wireless and satellite arenas where its reputation is strongest. Recent mandates include representing equipment manufacturers on technical and spectrum policy matters before the FCC, working on public safety and first responder matter relating to spectrum access and advising a consortium of personal communications services providers on issues surrounding next-generation wireless technologies.
CLIENTS: Clients include CTIA (The Wireless Association), Apple, Cisco, Level 3 Communications, Sprint Nextel, DirecTV and XM Radio.
INDIVIDUALS: Scott Blake Harris is a founder and current managing partner of this boutique and continues to be at the forefront of its best-known work. Clients say he has been ‘at the heart of some of the most impressive and influential legal representation we’ve seen’. Known for having ‘a very, very good history involvement with FCC matters’ and being ‘completely reliable’, Harris’ clients come from across the industry spectrum - testament to the diversity of his experience.
Widely recognized for his work within the field of common carriers, clients identify partner John Nakahata as ‘an exceptional attorney and a privilege to work with’. Having been involved in the implementation of the Telecommunications Act of 1996 during his time at the FCC, Nakahata has a reputation for his depth of understanding in the field of policy procedures, among other things.
These attorneys are based out of the firm’s Washington DC office.
Lawler, Metzger, Milkman & Keeney
PRACTICE: Lawler, Metzger, Milkman & Keeney competes primarily on the strength of its FCC expertise, operating in a highly effective manner in a narrower channel than the top tier firms.
Although by comparison other firms have access to broader expertise, from a telecoms regulatory standpoint the group ‘provides the highest quality work’, according to clients.
This Washington DC boutique’s history of advising leading wireless and wireline carriers on FCC compliance issues is at the heart of this reputation. Indeed this is an area where the firm has won repeat work, largely due to what clients acknowledge as ‘exceptional service’ and ‘expertise on FCC law’. As such, the attorneys’ ability to instruct on a range of boundary-pushing compliance, spectrum, and licensing proceedings gives them an edge over more generalist practices.
Recently the team represented frontline client Sprint Nextel in special access pricing proceedings before the FCC, as well as advising the company over the implementation issues in the 800MHz rebanding process, two notably complex mandates. A further example of engagements with contemporary issues is recent work for Comcast with regard to matters surrounding the provision of VoIP, as well as assisting in legislative efforts at the federal level on its behalf. The presence of former FCC staff, foremost of which are name partners Richard Metzger and Gina Keeney, has given the group ballast in negotiating the framework for companies across the sector.
Elsewhere, work with Google on a proceeding involving the application of the political advertising rules to broadcast licensees, cable and satellite operators, sits amongst a selection of engagements with technology companies on communications law.
CLIENTS: The practice’s clients include Sorenson Communications, XO Communications, MCI, Intel and Microsoft.
INDIVIDUALS: ‘A sharp analyst, but also a lawyer with a very personal touch’, Richard Metzger leads the firm’s telecommunications practice. As a firm founder and former chief of the Common Carrier Bureau, Metzger is ‘held in high esteem’ and is a figurehead for the group.
The ‘wonderful’ Gina Keeney, as clients describe her, has also held prominent positions at the FCC, heading three bureaus in her time there. She is a name partner at the firm and focuses on regulatory and legislative issues for telecom and technology clients. Clients say that, in addition to her regulatory expertise, she is ‘technically and commercially very astute’.
In addition, clients highlight partner Gil Strobel as ‘one of the favourite advisors’ whose services are ‘definitely recommended’.
These attorneys are based out of the Washington DC office.
PRACTICE: Within what is a relatively small Washington DC offering of three partners, the Morrison & Foerster LLP communications group commands exceptional depth of expertise in regulatory issues. Clients praise its ability ‘to get into the wiring of the FCC rulings and make sure they’re giving the best possible advice from a technical perspective’; a trait that has ensured the group is competitive across the market.
Wedding transactional prowess, courtesy of a healthy presence on telecoms M&A, with the experience of several ex-commission attorneys, the group has been well-positioned to offer regulatory support on prominent deals for leading providers. For example, the team acted on flagship client T-Mobile’s high profile $1.3bn acquisition of SunCom, a regional carrier in the Southeast. Furthermore, the team is described by clients as ‘commercially astute’ and has built a reputation for navigating financial institutions through regulatory obstacles as it gains increasing prominence in the communications sector.
Clients describe the team as ‘an example of how to translate knowledge of the wireless industry into practical advice’, recognizing a historical aptitude for wireless work that remains important despite the team’s current breadth of coverage. Recently the team assisted T-Mobile in major FCC proceedings to promote reasonable regulations addressing roaming issues, ‘special access’ services and intercarrier compensation.
The international cohesion of the group marks it out as one of the few in this space that are able to source and staff work in conjunction with overseas office. Work with Colt Telecom Group, a UK-based company, on US regulatory compliance issues featured attorneys from both sides of the Atlantic.
CLIENTS: Clients include Clearwire Communications, Alltel Communications, GE Capital and ICO Global Communications.
INDIVIDUALS: Communications practice head Cheryl Tritt ‘has been my hero on many occasions’, says one enthusiastic client. Former chief of the common carrier bureau at the FCC, Tritt has developed a highly competitive regulatory practice that has won several leading international clients, particularly on the wireless side.
Bill Maher is known as ‘reliable, efficient, smart’. He has grown his practice from its roots in the wireline and wireless arena, a particular strength given his previous role as chief of the Wireline Competition Bureau at the FCC, outward to encompass a bulk of internet-related mandates.
These attorneys are based out of the firm’s Washington DC office.
PRACTICE: As longstanding counsel to AT&T on a cavalcade of matters, Sidley Austin LLP’s communications group is necessarily geared towards meeting the needs of this flagship client. As such the activity of this ‘talented’ group in the US, outside of media companies and financial institutions, is largely focused on providing regulatory advice on issues affecting the company’s involvement across the sector.
With 15 partners divided between Chicago and Washington DC, where it has close ties to the communications bar, clients praise the team’s ‘capacity to adapt’ and identify it as being ‘extremely well-versed on regulations at state and federal level’.
Recent mandates for AT&T have continued to place emphasis on these points. For example, the team worked with AT&T on numerous privacy and data protection matters before federal and state agencies, acted on several intercarrier compensation disputes, and advised on the auction of wireless spectrum for broadband services.
In addition, matters such as the work on the review of the proposed internet search advertising agreement between Google and Yahoo! by antitrust authorities point to the group’s progress in taking advantage of focused expertise in areas such as antitrust, and translating that into prominent mandates on cutting-edge issues.
The depth of experience on handling foreign companies coming into the US, as well as knowledge of foreign regulatory matters and plentiful resources overseas, places the team in an elite group that have the scope to handle this growing area of work. Clients highlight the team’s ‘impressive commitment to top level service’ and ‘practical advice’ as key traits that have propounded this model.
CLIENTS: Clients include Allbritton Communications, Fox Television Network, Leucadia National, Merrill Lynch, New Vision television, Telephone and Data Systems and U.S. Cellular.
INDIVIDUALS: David Lawson is the communications regulatory practice group co-chair and ‘possesses all the qualities a company could ask for in a communications lawyer’, according to clients. Lawson has acted on a range of regulatory mandates for leading clients, such as AT&T, who he has represented for more than a decade.
Former associate general counsel for the FCC, partner Mark Schneider has clients from a wide array of industries and has garnered notable praise for his work in the cable arena.
Both he and ‘efficient and resourceful’ communications group head Clark Wadlow are described by clients as ‘experts in their field’ and ‘highly recommended’.
These attorneys are based out of the firm’s Washington DC office.
Skadden, Arps, Slate, Meagher & Flom LLP
PRACTICE: ‘When we hire Skadden, Arps, Slate, Meagher & Flom LLP we know we’re getting quality’, say clients and the firm’s commitment to supplementing its prominent transactional practice with deep regulatory expertise stands testament to this. Being heavily led by the transactional element of the firm has made the group valuable to some of its high profile communications and media clients, but somewhat dictates the team’s mandate as far as the scope of regulatory work it undertakes.
Having the necessary skills to execute the most complex regulatory instructions has earned the team traction in the sector, particularly in both broadcast and media. However, the attorneys have developed relationships with flagship clients in the wireless, wireline and cable arenas and repeatedly demonstrate the ability to wield the necessary resources to orchestrate compliance on large scale complex transactions in any of these fields.
Recent work in this vein includes representation of wireless providers Virgin Mobile USA with respect to the FCC and CFIUS review of its $39m acquisition of Helio. In addition to having the blend of commercial and regulatory to perform on these engagements, clients highlight the team’s ‘reliability and energy’, as well as its ability to ‘work with in-house teams for maximum return’.
These skills, in the context of a practice with ties to some of the largest names in media and broadcast, have given the team an edge on engagements surrounding current hot issues. For example, the group represented NBC Universal, News Corporation, and Viacom on FCC proceedings related to the sale and distribution of cable programming networks.
CLIENTS: Clients include NTT DoCoMo, Telephone and Data Systems, U.S Cellular and Liberty Global.
INDIVIDUALS: The ‘amazing’ Antoinette Cook Bush heads up the communications group and is known by clients as a ‘great business mind, always planning in advance and always thorough’. Cook Bush counts Viacom, Univision Communications and Virgin Mobile among her clients and has built a strong name for herself in the broadcast space in particular. ‘Sharp and forward thinking, even on complex products’, partner Warren Lavey attracts praise for his work in front of state and federal regulatory commissions, as well as his extensive experience of international communications issues. Partner Ivan Schlager is also named by clients as ‘a leader, a thinker and a doer’.
These attorneys are based out of the firm’s Washington DC office.
PRACTICE: Efforts to expand beyond the satellite and privacy fields that have been the pillars of the Steptoe & Johnson LLP practice have made it a more viable candidate to pick up representations in areas where it is beginning to compete with the market leaders. Clients claim that, ‘we’ve continually been able to trust the attorneys with critical cases’, demonstrating the close relationships fostered in core areas of strength, which the team has been able to use as a launchpad for its development.
One of the latest in a long line of roles for DISH Network and its spin-off company EchoStar, the team recently advised on legislative issues, including the reauthorization of the satellite home viewer extension and reauthorization act. The firm’s capacity to put together what clients call ‘a team of really smart, dynamic attorneys’ to meet the demands of a myriad of FCC licensing, spectrum and rulemaking proceedings is a crucial asset.
The benefits of a full-service model with a commitment to the sector are also reflected in the range of resources that the team is able to apply to its mandates. For example, the group handled the regulatory approvals, as well as the negotiation of the sale of $70m assets by undersea cable company WCI Cable.
Being well-positioned to make the most of the cross-over between technology and telecoms has been key to the practice’s success in branching out; head of technology department Alfred Mamlet and Thomas Barba in particular coming in for praise from clients who recognize the team’s ‘full skillset’ and ‘superb coverage of our main concerns’.
CLIENTS: Clients include AOL, AT&T, Bell Aliant, DirecTV, France Telecom, Global Relief Technologies, Motorola, NewSkies, Satamatics, SkyWave, Slacker, StarOne, Stratos Global, Telenor, and VeriSign.
INDIVIDUALS: Philip Malet is the firm’s vice-chair and heads up the telecommunications, internet and media group and is picked out by clients for his ‘skills in front of the FCC’. One impressed client also remarks that he ‘delivers what we ask of him, always on time’. Malet’s experience in the wireless and satellite fields is an important feature of the group’s capabilities.
Partner Pantelis Michalopoulos is also involved heavily at the juncture of wireless and satellite work and has recently been responsible for handling some of the group’s most prominent satellite mandates. Clients say he ‘does the basics very well, but can really take on anything, we’ve never seen him overwhelmed’.
Both attorneys are based out of the firm’s Washington DC office.
PRACTICE: ‘Recommended without hesitation’, say clients; Wilkinson Barker Knauer LLP are a boutique in the ascendance. A glut of hires, headed by the arrival of Kathleen Abernathy’s group from Akin Gump Strauss Hauer & Feld LLP, and a deliberate bulking up of presence in areas beyond the firm’s traditional base in the wireless industry, have been key to competing with established market leaders.
Furthermore, the retention of high profile clients after the departure of former practice head Kathy Zachem’s in early 2008 has been important to the profile of a firm that has made demonstrable efforts to expand its capabilities. One client comments that, whilst the firm has developed dramatically in recent years, ‘it’s the core values of the individuals that we know well that have attracted us’.
The range of expertise on offer has also ensured that the firm has been able to pick up work on frontline issues in several areas. The representation of trade association US Telecom in connection with efforts to convince the FCC to impose broad ‘net neutrality’ regulation highlights the firm’s recent record of engaging with high profile and controversial FCC matters.
Another component that has been growing in value is the capacity to act on mandates for major investors in the communications arena, one that is frequently the preserve of firms with a strong corporate tie-in. As such, acting for Providence Equity Partners in connection with the FCC-related aspects of potential investments in two major telecom companies is indicative of the inroads made into this market.
‘Complete knowledge of the FCC and great at drafting and negotiating’ say clients of the team’s capabilities in pure regulatory work. This reputation has spread with roles on precedent setting proceedings, such as acting for T-Mobile in pleading a case in connection with a proposal that the FCC increase regulation of text messaging and ‘short code’ technologies. The group has been able to ride this wave to attract new clientele from equipment manufacturers to local exchange companies.
CLIENTS: Clients include Bonneville, Verizon Wireless, Century Tel, CTIA, National Association of Broadcasters, Intel Capital, Sumitomo, Panasonic, Ericsson and Embarq.
INDIVIDUALS: Clients say former FCC chief of staff and partner Bryan Tramont has a ‘tremendous specialty in regulatory affairs’. Tramont has been effective at driving the group’s progress in developing industry areas and is recognized in the market as a ‘a gifted and completely trustworthy lawyer’.
Elsewhere, former chief of the enforcement bureau David Solomon is ‘in all respects a professional and one of the few people I’d trust with my high priority work’, according to clients. His extensive FCC experience has helped him build a solid client base of leading industry names and a reputation as ‘a go-to lawyer’.
Both attorneys are based out of the firm’s Washington DC office.
PRACTICE: Arnold & Porter LLP’s Washington DC group has maintained a profile of acting on regulatory roles for wireline, cable and broadcast clients, despite conceding size and scope to competitors.
Having built a substantial record of working for SBC prior to, and in connection with, its merger with AT&T, the team has a name for acting before the FCC to facilitate the regulatory aspects of big impact mergers. The firm’s strong showing in antitrust and similarly its history of possessing lobbying talent has given the group the materials to compete for this particular slice of the market and it is recognized as ‘one of the top DC firms in communications’.
The current make up of the workload consists of a division between AT&T representations, such as an ongoing engagement concerning spectrum transactions including the divestiture of BellSouth’s 2.5GHz assets to Clearwire, as well as working for entrepreneurial communications companies in navigating the regulatory challenges they face in the early stages of their growth.
CLIENTS: Clients include AT&T, Dobson Communications and Aloha Partners.
INDIVIDUALS: ‘Unwavering and strong’ head of the telecommunications, internet and media practice Pat Grant has a strong regulatory facet alongside his litigation and transactional work and is described by clients as being ‘very good’.
PRACTICE: The focus of the Bingham McCutchen LLP team on acting as regulatory counsel on private equity deals and real estate cases for communications clients means it rarely faces off against the market leaders. Instead, the team occupies a space it has carved out through, ‘extensive experience of CLEC mergers’, advising on a specific cross-section that has provided a solid, if unspectacular, stream of work.
As this approach might imply, the transactional and regulatory elements are closely linked here, for example, the team was regulatory counsel to the private equity firm Platinum Equity in connection with several acquisitions, including that of Covad Communications.
This said, the depth of regulatory expertise that has been crucial to earning repeat mandates for leading CLEC names is still at the heart of the group’s success. Recently, the team acted on behalf of the CLEC industry to successfully restrain Verizon and Quest from securing regulatory forbearance and market deregulation, showing its dominance and effectiveness in this arena.
CLIENTS: Clients include Shure, Brazil Telecom, Hybernia Atlantic, and Columbus Networks, Bermuda Telecom, Level 3 and Cleartel.
INDIVIDUALS: Practice head Andrew Lipman is a stalwart of the market who has been part of the group for over 25 years and is ‘very well-respected by those who’ve worked with him’.
Partner Catherine Wang also comes in for praise for her work representing wireless clients in navigating the FCC regulatory landscape.
Both attorneys are based out of the firm’s Washington DC office.
PRACTICE: While there’s little doubt in the market as to the capabilities of the Hogan & Hartson LLP group, partner losses in the last couple of years and the rapid growth of some of its competitors, has made progress in growing market share hard.
The group continues to have traction in all facets of the communications practice area, particularly benefiting from the wide-ranging expertise of group leader Peter Rohrbach. So, while more conventional compliance work and key FCC mandates, such as representing clients in high profile spectrum auctions, has long been the group’s meat and drink, it has turned its hand to all manner of work for its core clients. This tendency to dedicate a degree of operation to providing a strong service for a few marquee name clients, such as News Corporation and Qwest, provides a tremendous source of work, although making the group less likely to appear on the cutting edge representations.
Satellite and broadcast work remains another staple with notable work such as advising clients on the allocation of television white space and public safety spectrum licensing at the forefront of the practice’s current activity. Recently, the satellite side received a boost from the arrival of partner Zenas Choi from Sonnenschein Nath & Rosenthal, whose practice also focuses on the juncture of technology and telecoms.
CLIENTS: Clients include XM, Paytech, Bell Canada, SunCom Wireless, BT, NTT Communications, AirCell, Fox, TimeWarnerCable and SES Americom.
INDIVIDUALS: ‘Fantastic telecoms attorney’ Peter Rohrbach is co-director of the firm’s communications group. ‘An astoundingly astute lawyer’, Rohrbach has long played a role in the development of the regulatory landscape and is known as ‘one of the best known faces at the communications bar and a delight to work with’. His work with carriers and satellite providers in particular has been the cornerstone of the group’s workload for well over a decade.
His colleague Michele Farquhar’s is highly regarded for her work in the wireless space, most notably for her representations in connection with spectrum auctions.
Both attorneys are based out of the firm’s Washington DC office.
PRACTICE: Kelley Drye & Warren LLP has repeatedly won recognition for its representations at state and federal level and its reputation among local carriers is second to none. In particular, the team has a number of FCC veterans and several talented litigators, giving them what clients refer to as ‘an excellent selection of attorneys with great knowledge where it counts’.
Although relatively focused on the carrier side of the industry, the combination of technical expertise the group offers to its clients gives it a level of dedication that other full service firms aren’t able to provide. Equally, being able to point to a history of prominent wireless and wireline representations out of the Chicago, and Washington DC offices and involvement on numerous proceedings in front of state public service commissions in the Midwest puts the firm at an advantage over competitors.
One client comments that ‘the team put our needs first and they understood those better than any of the other firms we’ve used. I liked that a lot’.
CLIENTS: The practice’s clients include Cbeyond Communications, Covad Communications, Level 3 Communications and T-Mobile.
INDIVIDUALS: Washington DC partner and practice chair Robert Aamoth is praised by clients as ‘a terrific lawyer’ and ‘a reliable contact’. His work brings notable depth to the international aspect of the practice where Aamoth has experience of working with foreign carriers entering into the US market.
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
PRACTICE: No other firm matches Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. for appellate and litigation matters in front of the federal commission. This translates to a degree of regulatory expertise that, while it doesn’t result in the same kind of range high profile compliance mandates, has earned the firm a winning reputation among leading carriers such as AT&T.
The firm is a Washington DC boutique, trading primarily off a mixture of ability in policy and appellate work, the team is known as ‘incredibly good at doing what they do’ and ‘FCC veterans’. With over 50 attorneys, the mix of experience in the shape of name attorneys Michael Kellogg and Mark Evans is balanced with a wealth of young talent who have been active in expanding the firm beyond its core ties in the industry.
CLIENTS: Clients have included BellSouth, BellAtlantic, the State of Hawaii, Qwest, TCR Sports Broadcasting Holding and Verizon.
INDIVIDUALS: Name partner and ‘tremendously well-respected FCC lawyer’ Michael Kellogg has extensive experience of guiding carriers through the commissions and, where necessary, the appropriate courts.
Pillsbury Winthrop Shaw Pittman LLP
PRACTICE: Pillsbury Winthrop Shaw Pittman LLP’s practice is largely divided between the broadcast and satellite space, with some degree of telecom work on the fringes. Its senior partners in these areas bring a degree of speciality to the practice, so although other firms lead the way on a number of communications issues, the team’s dedication to its core work is seen as invaluable to its clients. One described their experience of working with the team as ‘some of the most sensible, commercial counselling I’ve seen’.
On the satellite side, Bruce Jacobs has led a significant volume of work contributing to the firm’s strong reputation for representing hybrid satellite-terrestrial companies. Recent mandates include advising Mobile Satellite Ventures on a negotiated co-operation agreement to reband operations in 66MHz of the L-band, drawing on what clients identify as ‘top drawer knowledge of spectrum issues’.
In the broadcast sphere, the practice has continued to meet the demands of a wide client base both in providing regulatory support to large-scale transactions and in federal compliance matters, an area reinforced by the team’s litigation capabilities. In 2008, the team acted for High Plains Broadcasting to devise a compliant structure for its acquisition of five TV stations.
CLIENTS: Clients include Duhamel Broadcasting Enterprises, Fisher Communications, Highfields Capital Management, Millennium Radio Group, Pegasus Communications, Sinclair Broadcast Group, University of Missouri, Univision Communications and Wells Fargo Foothill.
INDIVIDUALS: Clifford Harrington leads the firm’s communications group and is known to clients as ‘a very smart man who knows more than a good deal about communications law’. His mix of transactional and regulatory engagements has recently featured high profile spectrum auction-related work and network affiliation models for broadcasters.
His colleague Bruce Jacobs is recognized as a ‘talented individual with a lot of good ideas and a good attitude’. Known for his expertise in satellite issues, particularly for his extensive work for Mobile Satellite Ventures, Jacobs is identified by clients as ‘a problem-solver’.
Both attorneys are based out of the firm’s Washington DC office.
PRACTICE: Though never short on technical expertise, ‘well-honed talent’ and resources, the WilmerHale team haven’t commanded the same profile of regulatory mandates as the market leaders.
John Rogovin’s departure to an in-house role at Warner Bros is a blow to the group, however the five-partner team, based in Washington DC, has both a breadth of expertise and an abundance of experience. Meanwhile, the formal rejoining of J Beckwith Burr from a government role reinforces the privacy and e-commerce side of the practice, increasingly an area of specialization for the team, and one that has given the practice an edge in the current climate of convergence.
Indeed, one client describes the partners as ‘perfect for taking us through unfamiliar FCC proceedings - even if they’ve not seen the situation before, they are always able to apply excellent knowledge of the industry to guide us’.
Along the same lines, national security has been a hot topic in the industry and the team has been well placed to provide a strong showing in this area. In 2008, the group worked with an international consortium of telecom carriers to negotiate one of the first major post-911 national security agreements for an international submarine cable.
CLIENTS: Clients include AT&T, Citadel Investment Group, National Association of Broadcasters, Verizon and T-Mobile USA.
INDIVIDUALS: Communications group chair Lynn Charytan has ‘real vision’, according to clients, and is ‘a thorough and attentive professional’. Her expertise in e-commerce and national security matters forms an important part of the practice’s overall capabilities.
‘Immensely aware of all the different factors that are going to affect a decision at the FCC’, according to clients, partner William Lake has been at the firm since the 1970s and continues to provide regulatory support to national and international clients.
Jonathan Nuechterlein is ‘one of the big guns at the firm’, combining regulatory and trial expertise.
These attorneys are based out of the firm’s Washington DC office.