Phillips Lytle LLP

David E. Bronston

David is a digital infrastructure expert serving as Phillips Lytle’s Telecommunications Team Leader. A former general counsel for the NYC Department of Information Technology and Telecommunications, David is an acknowledged authority on fiber and wireless network deployment in public and private properties and Right of Way (RoW). Whether towers, small cells, Distributed Antenna Systems (DAS), data centers, Fiber to the Home (FTTH) or metro enterprise and middle mile fiber networks, David has obtained and negotiated licensees, franchise leases and all types of authorizations necessary for digital infrastructure deployments. Over the course of his long career in communications law, David has developed relationships with investment advisors and bankers, C-level executives and in-house and other counsel. These relationships help propel deals forward and bring value-added services to Phillips Lytle clients. These clients range from Fortune 50 carriers to the small cell providers in NYC subways and public rights of way. David is a builder of both telecommunications and professional networks, particularly in the infrastructure field.

Douglas W. Dimitroff

As Phillips Lytle’s Managing Partner, Doug provides vision and leadership to a preeminent law firm that is recognized nationally for its legal excellence. Doug manages day-to-day operations of the firm and leads its administrative departments, practice group leaders and office leaders. As Managing Partner, Doug also leads the Governing Committee in setting the firm’s strategic goals and initiatives. His role focuses on implementing plans to accomplish the Firm’s objectives to assure Phillips Lytle’s position as a premier source of sophisticated legal counsel, a trusted business and legal advisor to its clients, and a destination for exceptional, diverse legal talent in its markets. In addition to his role of Managing Partner, Doug’s areas of focus includes telecommunications law and commercial real estate, with extensive expertise in public-private partnerships. He represents leading telecommunications carriers, infrastructure providers and numerous other clients involved in the telecommunications industry. His representation has included transactional and litigation matters, such as permitting for wireless telecommunication carriers, tower owners and developers; and site leasing work, site development and asset sales and purchases throughout the U.S. He has particular expertise in distributed antenna system (DAS) and other small cell networks, where he is involved with both business and regulatory aspects. Doug’s public-private partnership and commercial real estate expertise consists of his experience representing a broad range of clients on office, industrial, retail and mixed-use projects. In addition, he represents developers and investors in commercial real estate financing, including construction lending and loan restructurings. He has been instrumental in numerous projects by providing creative solutions, overcoming project challenges, engaging critical partners and identifying incentives to ensure effectiveness in moving projects forward. During his time at the firm, Doug has been a Practice Group Leader, a Practice Team Leader and a Governing Committee member.

Bruce T. Frankiewich

With over 25 years of experience in the deployment and operation of wireline and wireless networks, Bruce assists telecommunications providers, information service providers, infrastructure providers and broadband service providers connect with their customers. Bruce has real world experience having served as in-house counsel with a fiber optic-based telecom operating company and a global wireless carrier, and is highly skilled at securing state operating authority, negotiating franchise and Right of Way access agreements, pole attachment agreements, network construction and maintenance agreements and in creating templates for the leasing and operation of data centers. In connection with wireless infrastructure, Bruce has a depth of experience in the deployment, operation and maintenance of macro cell sites, small cells, indoor and outdoor Distributed Antenna Systems (DAS) and the deployment of wireless infrastructure jointly with all leading wireless carriers at major high profile venues such as airports, transit systems, federal government buildings and major sporting arenas and stadiums.

Asaf Hahami

A proven transactional attorney with more than two decades of experience, Asaf primarily represents telecom infrastructure funds in their mergers and acquisitions (M&A), corporate and real estate transactions, and artificial intelligence (AI) technology companies in their transactional needs. From complex contracts and financings to traditional M&A portfolio acquisitions that are at the intersection of corporate and real estate work to other general transactional matters, Asaf is known for his strategic, substantive and diligent approach to getting deals done efficiently. Asaf has focused on representing several telecom infrastructure funds in their development and acquisition of tower portfolios and other assets, representing fiber companies in their joint ventures, and in the sale and purchase of data centers. He has developed a particular expertise in wireless infrastructure transactions, based not only on industry and vertical-specific knowledge, but also the practical needs that impact the representations, warranties and indemnifications of buyers and sellers, the assignments of ground leases and easements for traditional cell towers and macro cell sites and rooftops, as well as purchase price adjustments related to cash flows. Asaf has also supported the growth of several technology companies as outside general counsel, with a particular focus on the comprehensive legal needs of companies providing AI-driven solutions, from AI-specific contracts to venture financings to privacy policies and board and governance issues.

Alson James McKenna

An innovative transactional lawyer with over a decade of experience representing financial institutions, businesses and individuals in complex secured transactions. From syndicated middle-market loans with values up to $150 million—taxable and tax-exempt bond purchases—to small business loans under the SBA 7(a) and 504 loan programs with values ranging from $250,000 up to $5,000,000 or more, Alson is known for his diligent and pragmatic approach to representing national lending institutions, regional community banks, credit unions, borrowers, and issuers with structuring and documenting financing for mergers and acquisitions, commercial real estate and project development, and operations capitalization. Alson has significant experience counseling clients on myriad complex collateral and documentation issues, including, but not limited to, leasehold mortgages and construction loans, as well as the pledge of cryptocurrency and bitcoin assets as collateral.

Anna Mercado Clark

Anna is a Partner at Phillips Lytle LLP and serves as the firm’s Chief Information Security Officer (CISO) and is a member of the firm’s Governing Committee, as well as the Diversity, Equity and Inclusion Steering Committee. As leader of Phillips Lytle’s Data Privacy and Cybersecurity and e-Discovery Practice Teams and co-leader of the firm’s Cryptocurrency and Blockchain Team, Anna focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former assistant district attorney, she also handles white collar criminal matters and investigations. Anna has been awarded the following ANAB-accredited credentials by the International Association of Privacy Professionals (IAPP): Certified Information Privacy Professional/Europe (CIPP/E); Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US); and Certified Information Privacy Manager (CIPM). CIPP/E and CIPP/US are preeminent certifications for advanced concentration in European data protection laws and U.S. private-sector laws, standards and practices, respectively. The CIPM certification recognizes Anna’s ability to design, build and operate data privacy management programs that are compliant with privacy laws and regulations. Anna has also been designated as a Fellow of Information Privacy (FIP). The FIP designation signifies that she has demonstrated her comprehensive knowledge of privacy laws, privacy program management and essential data protection practices with significant data security and privacy experience in these areas. Anna is among a select group of individuals around the world who have received this designation. Anna routinely counsels sophisticated clients on data governance issues to address business needs while minimizing risks and complying with a rapidly evolving regulatory landscape and other legal obligations. She has extensive experience advising businesses in the technology, consumer, health care and financial industries regarding information management and disposition policies, litigation readiness, data transfers, third-party/vendor negotiation and management relative to data administration, and disaster recovery and avoidance. Anna has successfully leveraged the latest technology, including artificial intelligence and technology assisted review (TAR), to streamline high-volume discovery, establish defensible document review workflows and minimize litigation costs. She is a member of Electronic Discovery Reference Model (EDRM), a community of e-discovery and legal professionals who create practical resources to improve e-discovery and information governance, including cross-border discovery in light of the General Data Protection Regulation (GDPR). She regularly speaks at national and international conferences as a subject matter expert on these issues.

Kimberly R. Nason

Kimberly is co-leader of the firm's Telecommunications Industry Team. She has experience in the area of telecommunications relating to the development, modification, and operation of cell towers and other communications facilities. Kimberly appears across the State on behalf of wireless carriers regarding applications for zoning permits and approvals including special use permits, site plan approvals, variance requests, subdivision and rezonings.

John Schmidt Jr.

A seasoned litigator, John has earned a reputation as a formidable advocate who realistically evaluates his client’s case, needs and goals. John has extensive experience in complex business disputes and commercial litigation, including class actions, shareholder and partner disputes, breach of fiduciary duty claims, contract disputes, business torts and fraud matters. John represents a variety of companies and individuals—from large corporations to closely-held businesses, professional firms, not-for-profits and individuals. He serves clients in a variety of industries and professions, including health care, energy, legal, technology, finance, education, manufacturing, municipalities, charities and religious groups. John also practices in technology litigation, computer forensics, white collar and government investigations defense, and antitrust. He has extensive litigation experience in state and federal courts, both trial and appellate. John has been appointed by several courts in complex corporate and personal disputes requiring receiverships and fraud investigations. He also serves on the boards of several civic and charitable organizations.