Communications

Represented Japanese consumer electronics company with respect to acquisitions and divestitures of hard disk drive, optical components and other businesses.

Appeal of F.C.C. order regarding CALEA and broadband access and services.

Assisted various companies with the structuring of open-loop and closed loop gift card programs and loyalty programs, including prepaid wireless products for carriers and physical and electronic "Points" programs for interactive entertainment and other companies.

Defense of action for tortious interference with contract and unjust enrichment.

Defense of newspaper and reporter in action for alleged defamation and false light invasion of privacy. Summary judgment for defendants affirmed. No. 2 CA-CV 2004-0128

Successfully defended Qwest against claim for $20 million in regulatory penalties for unlawful pole attachments. Obtained full summary judgment.

Advised large manufacturer regarding development of data security and privacy policies and agreements.

Raised $70 million for Bluestar.net and sale to Covad Communications for $300 million in stock and assumed liabilities.  Multimillion dollar refinancing and later the sale of assets by a communications consulting company.  Renegotiation of major supplier contacts for Dex Media. 

Defense and settlement of Oregon state consumer protection class action.

Represented Idacomm as CLEC in dispute with ILEC under interconnection agreement; negotiated favorable resolution.

Reversal of summary judgment in Washington Consumer Protection Act (CPA) class action, establishing rule that causation element of CPA claim requires proof that defendant's acts were proximate cause of plaintiff's injury. 170 P.3d 10 (Wash. 2007)

Analyzed regulatory, franchise and fiber agreement issues for acquisition of telecom provider.

Counseling regarding Internet and technology law, particularly Internet safety, legal compliance and electronic surveillance.

Jury trial of family medical leave claims on behalf of communications company.

Represented cable operator prosecuting contract claims and defending copyright infringement and Cable Act counterclaims.

Assisted various software and content companies with the outbound licensing and distribution of software and digital content.

Defense of action related to an appeal from a state commission rate-setting order.

Represented Broadband Over Power Line provider in negotiating operating, service and purchase agreements with electric utilities.

Challenge to municipal telecommunications franchise agreement, under section 253 of the Telecommunications Act of 1996 and the Civil Rights Act.

Represented Qwest in litigation with cities of Portland and Eugene concerning municipal franchise matters.

Successfully appealed PUC order, obtaining reversal of $97 million annual revenue reduction.  Obtained desired rate design.

Represented Qwest in dispute with city as CLEC over self-use of wholesale services purchased under interconnection agreement; achieved successful settlement.

Prosecution of claims under sections 251 & 271 of the Telecommunications Act of 1996.

Appeal under the Telecommunications Act of 1996 regarding the jurisdiction of state administrative agencies to review commercial agreements between telecommunications carriers.

Appeal under the Telecommunications Act of 1996 regarding the jurisdiction of state administrative agencies to review commercial agreements between telecommunications carriers.

Trademark infringement and unfair competition claims. Obtained preliminary injunction and favorable settlement.

Counseled various companies regarding laws related to payments, including state "money transmitter" laws, federal anti-money laundering and "money service business" laws, the Electronic Funds Transfer Act and Regulation E, payment association rules, consumer credit laws, state gift certificate laws, state unclaimed property and escheat laws, and federal and state privacy and security laws.

Defense of class action over “roaming” charges.

Spam/trademark litigation on behalf of Nextel.

Designed trademark enforcement strategy and matrix involving domain name cybersquatters and trademark infringers for a major online company. Trained the company to police its trademarks in-house with the assistance of Perkins Coie.

Managed a major re-brand for an international communication network company, involving domestic and international clearance, selection of a new corporate name, mark and logo, and trademark filings. Facilitated associated international trademark registration strategy and filings.

Represented telephone company in rate case appeal involving landmark utility commission rulings.

Represented a mobile content provider in a putative class action arising out of charges for downloaded ring tones under California’s unfair competition and computer crime statutes. Filed motion to dismiss based in part on Section 230 of the Communications Decency Act. Obtained voluntary dismissal of the complaint.

Successfully defending Qwest against refund claims by payphone service providers in multiple forums and appeals.

Represented wireless telecommunications provider in obtaining eligible telecommunications carrier (ETC) status for Lifeline service.