Partner Marc Martin was quoted in The Associated Press article, "DOJ’s lawsuit may delay California’s new net neutrality law," regarding California's argument for its recent net neutrality law.

Marc Martin, a former FCC staffer who is now chairman of the firm's communications practice, said typical “pre-emption” lawsuits filed by the federal government seek to bar states from ignoring properly enacted federal regulations such as the Voting Rights Act.

But with net neutrality, Marc said the FCC insists it remains the sole regulatory authority despite its deregulatory actions.

Marc said it’s a rare pre-emption argument, but it’s not novel. A federal agency tasked with setting airline routes and fares was abolished in the 1970s, but states are still not permitted to adopt their own airline rules.

Nonetheless, Marc and other legal analysts say California also has a strong legal argument.

“California could argue net neutrality laws are consumer protection laws,” he said.

“It is well established that states have the authority to protect the health, welfare and safety of their own residents, that’s why they have their own police forces, national guard, state attorney general and their own consumer protection laws, Marc said. “California could argue net neutrality laws are consumer protection laws.”

Regardless of the eventual outcome, Marc also believes a federal judge in California will stop the state’s law from taking effect while the lawsuit remains unresolved.