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Sheppard, Mullin, Richter & Hampton LLP

2099 PENNSYLVANIA AVENUE, N.W., SUITE 100, WASHINGTON DC 20006, USA
Tel:
Work +1 202 747 1900
Fax:
Fax +1 202 747 1901
Web:
www.sheppardmullin.com

Paul Werner

Tel:
Work 202.747.1931
Email:
Sheppard, Mullin, Richter & Hampton LLP

Work Department

Business Trials

Position

Paul Werner is a partner and Co-Practice Leader of the firm’s Business Trials Practice Group resident in the Washington D.C. office.

Career

Mr. Werner is a seasoned first-chair litigator, whose prodigious representations over the past decade have been before diverse decision-making authorities, including all levels of courts and administrative tribunals, federal and state, as well as arbitral tribunals, and spanned a wide range of complex litigation matters. These matters have run the gamut from “bet the company” commercial disputes to controversies involving statutory, constitutional, communications, energy, environmental, insurance, intellectual property, false advertising, privacy, and administrative law issues. Mr. Werner has extensive experience representing cable operators and other broadband providers in matters involving communications law issues, including local franchising, PEG programming, rights-of-way, pole attachments and infrastructure deployment, and a host of other related issues. He has represented providers on these issues in state and federal courts and participated in rulemakings and adjudications before the U.S. Federal Communications Commission (“FCC”). Mr. Werner also regularly defends companies against putative class actions, particularly suits involving claims of unfair competition, state consumer protection statutes, and products liability. Recently, he successfully represented an association of communications providers in defeating certification of a putative class of landowners seeking damages for alleged unauthorized “telecommunications” use of easements they had granted to an electric utility, and is currently defending the trial court’s decision on appeal. Mr. Werner is additionally experienced in representing companies in governmental and internal investigations. He has represented clients in criminal and civil investigations, including investigations arising under the False Claim Act, the Anti-Kickback Act, and the FCC E-Rate program. His practice includes significant trial and appellate experience. In recent years, Paul has tried multiple disputes to judgment as co-lead counsel. He also recently assisted with a multi-week trial in federal court involving false advertising claims that resulted in a favorable jury verdict. Mr. Werner also regularly represents clients in state and federal appellate courts, including the United States Supreme Court. Mr. Werner's matters are regularly reported in the media, including Law360. Mr. Werner is dedicated to pro bono representations and public interest litigation. On behalf of a community organization, Paul successfully obtained an appellate decision overturning a trial court decision that had upheld a planning board's approval of a commercial water bottling operation in an environmentally-protected area with trailheads into the Catskill mountains. And he is currently representing an environmental organization in federal court litigation arising under the Environmental Species Act, as well as a separate not-for-profit organization in unrelated environmental litigation concerning the Bristol Bay region of Southwest Alaska.

Member

Federal Communications Bar Association

Education

J.D., Vanderbilt University Law School, Editor in Chief, Vanderbilt Journal of Entertainment Law & Practice, 2002, Order of the Coif; B.A., University of California, Los Angeles, 1999, summa cum laude


United States: Media, technology and telecoms

Telecoms and broadcast: regulatory

Within: Telecoms and broadcast: regulatory

Sheppard, Mullin, Richter & Hampton LLP is particularly strong in cross-border, CFIUS and national security work, with a client list that includes satellite operators such as OneWeb and Omnispace, and private equity clients such as I Squared Capital and Astra Capital Management. Team leader Brian Weimer focuses on satellite, wireless and broadcast companies, providing transactional and regulatory advice, as well as representation in FCC enforcement and national security proceedings. Weimer represents Korean satellite operator KTSAT in arbitration and litigation proceedings concerning satellite ownership and related damages, along with telecoms litigation specialist Paul Werner. Werner has experience in large-scale domestic consumer protection matters, with a particular emphasis on privacy matters, as well as arbitration and international disputes; he serves as regulatory counsel to social network and media company Snap. Weimer and Werner also advised NESS Technologies on a dispute with Chinese conglomerate HNA Group, raising novel issues concerning the CFIUS process, and on a purchase agreement for Ness' digital solutions business. Focusing on broadband, cable and wireless issues, Dave Thomas is the key contact for Charter Communications; he advises the client on wireless infrastructure deployment, cable operational issues, the FCC's one-touch infrastructure policies, and net neutrality. Other key team members include cable specialist Ray Rutngamlug and associate Drew Svor. Aaron George recently departed the firm for an in-house position.

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Telecoms and broadcast: transactional

Within: Telecoms and broadcast: transactional

Sheppard, Mullin, Richter & Hampton LLP has strong experience in satellite matters, as well as advising a range of private equity clients in their telecoms investments. Practice head Brian Weimer focuses on satellite, wireless and media companies, recently handling Astra Capital Management's acquisition of Alpheus, a Texas-based competitive local exchange carrier, for $205m.  Weimer also recently acted for I Squared Capital in connection with its $1.9bn acquisition of Hutchison Telecom's fixed-line service, and assisted Global Eagle with satellite capacity purchases. Other key team members include Ray Rutngamlug, who specializes in communications service agreements, and associate Drew Svor. The firm's work with Ness Technologies is one of its most notable engagements, having represented the company in the proposed $325m cross-border sale of its digital solutions business to China-based HNA Group, as well as in litigation arising out of the subsequent failure of the transaction due to national security issues. While Weimer handled the corporate and national security issues in Ness' case, Paul Werner handled the litigation issues, and leads the firm's advice to social network Snap, which includes transactional and strategic matters concerning its move into mass media content.

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