Megan L. Brown

Megan represents corporations in complex litigation and regulatory proceedings concerning technological innovation and regulation. She helps clients respond to agency inquiries and develop compliance strategies under a variety of statutes, including the Federal Trade Commission Act, the Federal Communications Act, and state consumer protection law, as well as the U.S. Constitution. Megan has deep expertise in cybersecurity and data privacy issues, working for national and global companies on cutting edge compliance and other issues. As a former senior U.S. Department of Justice official in the George W. Bush administration, Megan is well-positioned to help clients navigate the current administration.  

Representative Experience

• Develops strategies to address complex privacy and security issues, including obligations in the area of cybersecurity.
• Counsels major players in the wireless, Internet and technology industry, including entrants into the Internet of Things (IoT). Helps companies with emerging issues like security updates and patching, and vulnerability disclosures.
• Negotiates and drafts contract language for vendor, service and other agreements impacting security.
• Counsels global clients on the U.S. regulatory impacts of business models and services.
• Counsels clients on their CFIUS and Team Telecom obligations and compliance with national security agreements.
• Represents clients in enforcement and regulatory proceedings before the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), the National Institute of Standards and Technology (NIST), the National Telecommunications and Information Administration (NTIA), and the U.S. Department of Commerce (DOC). 
• Litigates from the trial level through the Supreme Court of the United States, including preliminary relief, fact and expert discovery, motions for summary judgment, and appellate briefing.
  • Successfully challenges state and local action, including a First Amendment suit stopping the City of San Francisco’s cell phone “right-to-know” ordinance mandating warnings about cell phones, and numerous challenges to local zoning laws. 
  • Recently filed briefs for the United States Chamber of Commerce in advertising cases, Grocery Mfrs. Ass’n v Sorrell (2d Cir.) and Am. Beverage Ass’n v. San Francisco (9th Cir.). 
  • Defends companies in consumer class actions and other lawsuits, including for false and negligent representations in commercial advertising.
  • Secured numerous victories in cases of first impression, including preemption of: local laws regulating wireless technologies, the first state consumer protection measure targeted at cell phone contracts, and personal injury claims. 
• Seeks judicial review of agency decisions and lower court actions in the federal Courts of Appeals and in the Supreme Court of the United States. Recent successes include securing the invalidation of a major FCC order preempting state regulation of municipal broadband (State of Tennessee v. FCC (6th Cir.)) and the affirmance of an FCC order removing local barriers (Montgomery County, Md. v. FCC (4th Cir.)).
• Maintains a pro bono practice before the Supreme Court of the United States and the Courts of Appeals on issues including national security, federal jurisdiction, climate change, and the core First Amendment rights of individuals, associations, and businesses.

Professional Experience

• Trial Courts Judicial Nominating Commission for Montgomery County, Maryland
• Counsel to the Attorney General, U.S. Department of Justice (2007-2008)
• Legal Intern, U.S. Department of Justice, Office of the Solicitor General (2002) 
• Legal Intern, Office of the U.S. Attorney for the District of Maryland, Greenbelt Division (2000)
• Provides commentary on a wide range of legal issues to radio and print media, including Bloomberg Legal, the National Law Journal, and CNN and Fox News radio affiliates

Affiliations

• Federal Communications Bar Association (FCBA)
  • Member, FCBA Foundation Board of Trustees (2018-Present)
• American Bar Association (ABA)
• Board Member, Women's High Tech Coalition (WHTC)
• Senior Fellow and Program Director, National Security Institute’s Cybersecurity Law & Policy Program, George Mason University Antonin Scalia Law School

Recognitions

• Named to Law360's Cybersecurity & Privacy Editorial Advisory Board (2018)
• Named a "DC Rising Star" by The National Law Journal (2017)
• Recognized by Law360 as a "Rising Star" in Technology (2014) and Telecommunications (2017)
• Recognized as one of the nation's top Cybersecurity & Data Privacy Trailblazers by The National Law Journal (2016)
• Named a "Legal Lion" by Law360’s Weekly Verdict Column (2016)
• Named by The Legal 500 US as a "recommended lawyer" in Telecom and Broadcast Regulatory Law (2012-2013) and Supreme Court and Appellate Law (2015)
• Named one of DC's "Super Lawyers" (2014-2016) and "Rising Stars" (2013) for Appellate by Super Lawyers magazine