Appellate Law | FCC | Supreme Court | Telecom

Communications | COMMUNICATIONS APPELLATE

As characterized by the Legal 500 US, Wiley Rein's Communications Appellate Practice is "the one to beat." Possessing a "mine of trial expertise" and "market-leading FCC expertise," the group has been the preeminent, "go-to" team for many of the telecommunications industry's largest companies, attaining success in courts nationwide and figuring prominently in a number of groundbreaking cases. The group has played a lead role litigating the most significant issues facing the industry, while also representing clients on emerging issues of national importance, such as "net neutrality." Our extensive knowledge combined with our experience handling the complete spectrum of matters allows us to provide clients with first-rate advocacy.

Wiley Rein's communications appellate team is second to none, comprised, as Legal 500 US notes, of "erstwhile 'giants of the market,' and up-and-coming talent." The group is headed by Andrew G. McBride-former law clerk to Supreme Court Justice Sandra Day O'Connor and Judge Robert H. Bork of the U.S. Court of Appeals for the D.C. Circuit-and Helgi C. Walker, a former law clerk to Supreme Court Justice Clarence Thomas and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Mr. McBride, described by Legal Times as "a member of an elite cadre of appellate lawyers who make a living arguing before the Supreme Court," has been commended in Chambers USA for his "wealth of trial, appellate and Supreme Court experience." Ms. Walker, recently named American Lawyers' "Litigator of the Week" for her role in securing a "blockbuster appellate decision" in favor of her client in a historic challenge to the FCC's first major attempt to regulate the Internet, has been hailed by clients in the Legal 500 US as "the best of the best" and "an absolutely fantastic appellate lawyer" who is "hard to beat."

Illustrative of the team's strengths is its track record, briefly described below.

Representative Experience

Recent Supreme Court and other significant appellate cases handled by Wiley Rein's telecommunications attorneys include:

U.S. Supreme Court

Brand X Internet Services v. FCC, represented telecommunications clients in appellate challenge to the FCC's regulation of broadband services under the Communications Act, the First Amendment and administrative law principles.
MGM Studios Inc. v. Grokster, Ltd., represented Internet service providers and trade associations as amici curiae in appeal involving copyright liability and dual-use technology
Recording Industry Ass'n of America, Inc. v. Verizon Internet Services, Inc., represented Verizon in Article III and First Amendment challenge to a Digital Millennium Copyright Act provision.
City of Jefferson City, Mo.v. Cingular Wireless, LLC, argued on behalf of appellant, and petitioned for certiorari in the Supreme Court, on behalf of large cell phone and Internet provider in a case involving municipal tax collection.
Nixon v. Missouri Municipal League, filed amicus brief on behalf of the United States Telephone Association, Verizon Communications Inc. and BellSouth in case regarding municipal provision of telecommunications services.

Federal Appellate Courts

Comcast v. FCC, successfully represented Comcast in challenging the FCC order that Comcast's broadband network management practices (relating to peer-to-peer file sharing traffic) violated the principles of the FCC's Internet Policy Statement.
CTIA-The Wireless Association v. FCC, acted as lead counsel for the wireless industry in court challenge to FCC order requiring wireless carriers to install eight hours of back-up power at all cell sites.
National Cable & Telecommunications Association v. FCC, argued for intervenors in case involving exclusivity agreements between cable companies and owners of apartment buildings, with the court rendering a favorable ruling for our clients.
Murray v. Motorola, represented clients as part of a wireless industry defense group in litigation regarding the alleged health effects of radio frequency (RF) emissions, in which the appellate court affirmed a lower court opinion finding certain state-law tort and consumer protection claims preempted by the Telecommunications Act of 1996 and FCC regulations.
Globalstar, Inc. v. FCC, on behalf of intervenor Iridium Satellite LLC, obtained a significant ruling affirming an FCC decision to reassign certain spectrum used for mobile satellite services from Globalstar, Inc. to Iridium.
Hepting v. AT&T Inc., represented the U.S. Telecom Association in litigation challenging the National Security Agency's Terrorist Surveillance Program and the alleged cooperation of telecommunications carriers in that program.
Hartleib et al. v. FCC, represented Sirius XM Radio Inc. as intervenor in which the appellate court held that it lacked jurisdiction to review the FCC's approval of the merger of Sirius XM Radio Inc. because the petitioners lacked standing.
Comcast v. FCC, represented Comcast in reversing and vacating the FCC's ownership cap for cable operators, which limited them to serving only 30% of the nation's multi-channel video subscribers.
USElectronics, Inc. v. FCC; Hartleib v. FCC, represented intervenors (and real parties in interest) with the court ruling in favor of client Sirius-XM and dismissing both petitions.
EMR Policy Institute v. FCC, represented intervenor Verizon Wireless, with the court dismissing the petition in favor of our client in a case examining non-thermal radiation effects
Time Warner Telecom, Inc. v. FCC, represented the Verizon telephone companies as intervenors on behalf of the FCC affirming its decision regarding DSL.
Cablevision Systems Corp. v. FCC, argued on behalf WRNN License Company in petition for review of an FCC order regarding whether the cable system must carry WRNN, with the court ruling in favor of our client.
BellSouth Telecommunications, Inc. v. Farris, represented amicus in support of telecommunications providers involving a provision of a Kentucky statute prohibiting them from identifying new state tax on consumers' bills.
Vonage Holdings Corp. v. FCC, argued on behalf of intervenors-in support of the FCC-with the court ruling largely in favor of the FCC.
MediaOne Group, Inc. v. County of Henrico, represented telephone companies in critical case regarding the proper regulatory treatment of high-speed Internet access over cable systems.
Puerto Rico Telephone Co., Inc. v. Municipality Of Guayanilla, represented appellee in case regarding an ordinance imposing a 5% gross revenue fee on telecommunications providers.
Virgin Islands Telephone Corp. v. FCC, argued on behalf of petitioner, with the court ruling in favor of our client Virgin Islands Telephone Corp. and vacating the agency's decision.
Cellco Partnership v. Hatch, argued on behalf of appellant in opposition to Article 5.
PanAmSat Corporation v. FCC, argued on behalf of intervenor (and real party in interest) to achieve favorable ruling involving refunds of satellite regulatory fees.