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  • Common Carrier
  • International Developments
  • Internet
  • Mass Media

2017 National Lawyers Convention

Administrative Agencies and the Regulatory State
November 16, 2017

The 2017 National Lawyers Convention is scheduled for Thursday, November 16 through Saturday, November 18 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention is: Administrative Agencies and the Regulatory State. More information will be posted soon!

Supreme Court Preview: What Is in Store for October Term 2017?

Co-Sponsored by the Faculty Division and the Practice Groups
Jan Crawford, Kyle Duncan, Samuel Estreicher, Orin S. Kerr, Andrew J. Pincus, Carrie Severino September 27, 2017

This event is being live-streamed.

October 2nd will mark the first day of oral arguments for the 2017 Supreme Court term. The Court's docket already includes major cases involving Federal Courts, redistricting, the First Amendment, election law, business law, class actions, international and immigration issues, alien tort statutes, and the Fourth Amendment.

The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court.

Featuring:

  • Prof. Samuel Estreicher, New York University School of Law
  • Prof. Orin Kerr, George Washington University Law School
  • Kyle Duncan, Schaerr Duncan, LLP
  • Carrie Severino, Judicial Crisis Network
  • Andrew Pincus, Mayer Brown, LLP
  • Moderator: Ms. Jan Crawford, CBS News

2017 Annual Supreme Court Round Up - Event Audio/Video

Washington, DC Lawyers Chapter
Miguel Estrada, Douglas R. Cox July 28, 2017

On July 13, 2017, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at the National Press Club in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson Dunn & Crutcher LLP
  • Introduction: Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP

National Press Club
Washington, DC

Global Politics of Internet Regulation: Actors and Trajectory - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Will Hudson, Patricia J. Paoletta, Sally Shipman Wentworth, Umair Javed July 26, 2017

In recent years, the United Nations’ International Telecommunication Union has become an arena where governments promote rival visions of the future of the organization and, more importantly, how the Internet itself should be governed.  These debates reflect a growing tension around a foundational question: to what extent can and should nation-states act to manage the flow of information within their sovereign territory?  As the Internet’s importance as a driver for global economic and social growth has grown over the past decade, so too has the interest of some governments to secure for themselves a larger role in regulating the technical, economic, and policy aspects of its management.  

Governments are driven by a range of objectives as they consider the future of the Internet, including access and uptake, competition policy, privacy and security, and, in some cases, regime stability.  Will it be possible to accommodate some governments’ desire for a more robust role and still maintain essential democratic principles such as the free flow of information between people around the world, universal human rights, and the core belief that has driven the Internet’s exponential growth over the past decade: that users, companies, and civil society – not governments – ought to control the Internet’s future?  What are the political, economic, and geopolitical factors driving Internet regulation and policies?  Umair Javed moderated a discussion with Will Hudson of Google, Sally Wentworth of the Internet Society, and Patricia Paoletta of Harris, Wiltshire & Grannis to explain recent activities at the UN to influence global Internet policy.

Featuring:

  • Will Hudson, Senior Advisor for International Policy, Google Inc.
  • Patricia J. Paoletta, Partner, Harris, Wiltshire & Grannis LLP
  • Sally Wentworth, Vice President of Global Policy Development, Internet Society
  • Moderator: Umair Javed, Associate, Wiley Rein LLP 

Global Politics of Internet Regulation: Actors and Trajectory

Telecommunications & Electronic Media Practice Group Teleforum
Will Hudson, Patricia J. Paoletta, Sally Shipman Wentworth, Umair Javed July 25, 2017

In recent years, the United Nations’ International Telecommunication Union has become an arena where governments promote rival visions of the future of the organization and, more importantly, how the Internet itself should be governed.  These debates reflect a growing tension around a foundational question: to what extent can and should nation-states act to manage the flow of information within their sovereign territory?  As the Internet’s importance as a driver for global economic and social growth has grown over the past decade, so too has the interest of some governments to secure for themselves a larger role in regulating the technical, economic, and policy aspects of its management.  

Governments are driven by a range of objectives as they consider the future of the Internet, including access and uptake, competition policy, privacy and security, and, in some cases, regime stability.  Will it be possible to accommodate some governments’ desire for a more robust role and still maintain essential democratic principles such as the free flow of information between people around the world, universal human rights, and the core belief that has driven the Internet’s exponential growth over the past decade: that users, companies, and civil society – not governments – ought to control the Internet’s future?  What are the political, economic, and geopolitical factors driving Internet regulation and policies?  Umair Javed will moderate a discussion with Will Hudson of Google, Sally Wentworth of the Internet Society, and Patricia Paoletta of Harris, Wiltshire & Grannis to explain recent activities at the UN to influence global Internet policy.

Featuring:

  • Will Hudson, Senior Advisor for International Policy, Google Inc.
  • Patricia J. Paoletta, Partner, Harris, Wiltshire & Grannis LLP
  • Sally Wentworth, Vice President of Global Policy Development, Internet Society
  • Moderator: Umair Javed, Associate, Wiley Rein LLP 

The Layered Model of Adjudication and Enforcement of Net Neutrality with the FTC, DOJ, and State AGs

Telecommunications & Electronic Media Practice Group Podcast
Roslyn Layton, Alexander Okuliar July 14, 2017

A number of regulatory advocates assert that Title II of the Communications Act, enforced by the Federal Communications Commission, is the only way to protect net neutrality. Research by Roslyn Layton, PhD, who has studied net neutrality in 50 countries, suggests otherwise. Moreover, a layered model using existing antitrust and consumer protection laws enforced by the Federal Trade Commission, Department of Justice, and State Attorneys General may well provide more effective and less costly regulation. Alex Okuliar, formerly an advisor to FTC Commissioner (now Acting Chairman) Ohlhausen, interviewed Roslyn Layton about her research on these issues and the layered model of enforcement.

Featuring: 

  • Roslyn Layton, Visiting Fellow, American Enterprise Institute
  • Moderator: Alex Okuliar, Partner, Orrick, Herrington & Sutcliffe LLPAlexander Okuliar Partner, Orrick, Herrington & Sutcliffe LLP

Litigation Update: United States Telecom Association v. Federal Communications Commission - Podcast

Telecommunications Practice Group Podcast
Daniel Berninger, Adam J. White, Brett A. Shumate June 06, 2017

On May 1, the D.C. Circuit denied petitions for en banc review of United States Telecom Association v. Federal Communications Commission. The petitioners challenge the FCC’s Open Internet Order, in which the FCC established Internet access as a telecommunications service subject to Title II of the Communications Act and adopted net neutrality rules.  At the same time, the new Chairman of the FCC, Ajit Pai, has announced that he plans to reclassify Internet access as a Title I information service and roll back some of the net neutrality rules.

Daniel Berninger, one of the petitioners in the case, and Adam White, who has been counsel for the intervenors, joined us to discuss the status of the case. In particular, discussed the D.C. Circuit’s order denying rehearing, the concurring opinion by Judges Srinivasan and Tatel, the dissenting opinions from Judges Brown and Kavanaugh, the pending FCC rulemaking, and the potential for Supreme Court review of the D.C. Circuit’s decision affirming the FCC’s Open Internet Order. Brett Shumate, counsel to petitioners Alamo Broadband and Daniel Berninger, moderated the discussion.

Featuring:

  • Daniel Berninger, Founder, VCXC - Voice Communication Exchange Committee 
  • Adam J. White, Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School, George Mason University
  • Moderator: Brett A. Shumate, Partner, Wiley Rein LLP

Litigation Update: United States Telecom Association v. Federal Communications Commission

Telecommunications & Electronic Media Practice Group Teleforum
Daniel Berninger, Adam J. White, Brett A. Shumate June 02, 2017

On May 1, the D.C. Circuit denied petitions for en banc review of United States Telecom Association v. Federal Communications Commission. The petitioners challenge the FCC’s Open Internet Order, in which the FCC established Internet access as a telecommunications service subject to Title II of the Communications Act and adopted net neutrality rules.  At the same time, the new Chairman of the FCC, Ajit Pai, has announced that he plans to reclassify Internet access as a Title I information service and roll back some of the net neutrality rules.

Daniel Berninger, one of the petitioners in the case, and Adam White, who has been counsel for the intervenors, will join us to discuss the status of the case. In particular, they will discuss the D.C. Circuit’s order denying rehearing, the concurring opinion by Judges Srinivasan and Tatel, the dissenting opinions from Judges Brown and Kavanaugh, the pending FCC rulemaking, and the potential for Supreme Court review of the D.C. Circuit’s decision affirming the FCC’s Open Internet Order. Brett Shumate, counsel to petitioners Alamo Broadband and Daniel Berninger, will moderate the discussion.

Featuring:

  • Daniel Berninger, Founder, VCXC - Voice Communication Exchange Committee 
  • Adam J. White, Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School, George Mason University
  • Moderator: Brett A. Shumate, Partner, Wiley Rein LLP

Fifth Annual Executive Branch Review Conference

The Relationship between Congress and the Executive Branch
May 17, 2017

The Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. This daylong conference will feature plenary panels, addresses, and breakout panels on topics such as “The Unitary Executive,” “Chevron Deference,” and “Congressional Oversight of Voting Rights.”

The Conference will begin with an opening address by Senator Mike Lee and end with a closing address by OMB Director Mick Mulvaney and a reception.

The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Thomas W. Hazlett May 12, 2017

Popular legend has it that before the Federal Radio Commission was established in 1927, the radio spectrum was in chaos, with broadcasting stations blasting powerful signals to drown out rivals. In this fascinating and entertaining history, Prof. Thomas Winslow Hazlett, a distinguished scholar in law and economics, debunks the idea that the U.S. government stepped in to impose necessary order. Instead, regulators blocked competition at the behest of incumbent interests and, for nearly a century, have suppressed innovation while quashing out-of-the-mainstream viewpoints.
 
In his book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, Prof. Hazlett details how spectrum officials produced a “vast wasteland” that they publicly criticized but privately protected. The story twists and turns, as farsighted visionaries—and the march of science—rise to challenge the old regime. Over decades, reforms to liberate the radio spectrum have generated explosive progress, ushering in the “smartphone revolution,” ubiquitous social media, and the amazing wireless world now emerging. Still, the author argues, the battle is not even half won.

Featuring:

  • Prof. Thomas W. Hazlett, H.H. Macaulay Endowed Professor of Economics, Clemson College of Business