We advise clients on the full lifecycle of Information and Communications Technology (ICT) services—from high-stakes procurement, leasing, and licensing deals to complex regulatory compliance and enforcement matters. Our work includes drafting and negotiating contracts for software, hardware, apps, and support services, as well as counseling on legal obligations related to privacy, data security, and digital communications. We also represent clients before the FCC and state utility commissions in disputes with service providers. Our team brings particular depth in specialized areas such as AI, the TCPA, and the intersection of ICT and real estate, including wireless infrastructure and multi-tenant service agreements.
Procurement
- Drafting and negotiating complex procurement, service, and licensing agreements
- Licensing agreements for software and apps
- Hardware, software, and support agreements
- Network services agreements, from cellular to satellite to SD-WAN
- Dark and lit fiber leases and IRU agreements
- Corporate Restructuring Contract Reconciliation Services to support mergers, acquisitions and divestitures
Regulatory
- Telephone Consumer Protection Act (TCPA) compliance
- Advising clients on regulatory and legal issues affecting their use of ICT services, including privacy, data security, communications monitoring and recording, digital marketing, and federal and state recordkeeping requirements applicable to messaging services
- Prosecuting and settling claims against providers (e.g., improper billing or unreasonable practices) before the Federal Communications Commission (FCC) and state Public Utility Commissions
Subspecialties
- Privacy
- Data security
- The intersection of ICT services and real estate, including tower and rooftop leases, licenses, easements, infrastructure construction and operation, dark fiber, and multi-tenant dwelling contracts for “triple play” services
- Licensing agreements with video content providers
- AI analysis and counseling
What we’ve been doing lately
Most of our practice has focused on SaaS agreements of all ilks, many with a global footprint. We are also working on:
- Licensing agreements for software and apps,
- AI analysis and counseling,
- Hardware/software/support agreements, and
- Exciting new regulatory counseling for
- a foreign car maker looking to introduce sophisticated connected cars in the US market,
- global ecommerce platforms struggling to comply with a raft of onerous EU regulatory obligations, and
- large domestic users of legacy TDM services who are considering invoking the FCC’s complaint process as a potential means of controlling skyrocketing, unregulated rates.
Some of our attorneys’ achievements
FCC deregulation of common carrier telecom services
As co-counsel to the Ad Hoc Telecommunications Users Committee (then roughly 20 of the country’s largest users of telecom services), crafted and argued the case for FCC deregulation of common carrier telecom services to allow enterprise customers to negotiate customized agreements for common carrier services, reversing over 50 years of policy, and introducing competition into the telecom space, reaping enormous commercial benefits for enterprise users. (1988-90)
Paving the way for streaming
As lead counsel to the Computer Industry Coalition for Advanced Television Service (Apple, Microsoft, Intel, Dell, Compaq, and Silicon Graphics) in FCC rulemaking proceeding, played a pivotal role in defining the technical standard for digital (including HD) television for the transition from analog to digital TV – precursor to the standard we have today which makes streaming services possible. (1996)
Wireless savings
As lead counsel to the Ad Hoc Telecommunications Users Committee and the Association of College and University Telecom Administrators, defeated the wireless industry’s proposal (supported by all FCC Commissioners) to change the billing protocols for U.S. wireless services to be exclusively “calling party pays,” as is the standard in Europe, a change that would have significantly increased telecom costs for enterprise users and large non-profits. (1999-2000)
Good Works
As lead pro bono counsel to the National Association of the Deaf and Communications Equality Advocates (32 disabilities rights organizations), won reversal of the FCC’s decision not to require wireless carriers to support texting to the new three-digit number (988) for the Suicide & Crisis Lifeline. As a result of our work, the day that the 988 number went live for voice calls (July 16, 2022), individuals seeking help could also text to that number. We have also represented NAD and CEA in recent, pending FCC proceedings attempting to improve the accessibility of telecom and digital services (e.g., Interactive Video Conferencing Services) for deaf, hard-of-hearing, and speech impaired individuals. (2021-present)
Colocation
As counsel to one of the world’s leading cloud providers, negotiated colocation arrangements with Internet Service Providers around the world and provided regulatory advice. (2014-20)