EXPERIENCE

Matthew's experience includes representing:

Litigation

• The cable industry association in FCC and appellate proceedings regarding net neutrality rules and in related preemption challenges to state net neutrality laws
• Associations representing cable operators and wireline and wireless telecom providers in a pending challenge to the FCC's Data Breach Order in the Sixth Circuit Court of Appeals
• The cable industry in a pending challenge to the FCC's Digital Discrimination Order in the Eighth Circuit Court of Appeals
• The television industry in a successful federal court challenge to the constitutionality of a state law requiring sale of all cable channels and programs on an à la carte basis
• Prominent telecommunications companies and other clients in Telephone Consumer Protection Act (TCPA) litigation in appellate and trial courts, including several significant victories defeating class certification and favorably construing key statutory provisions
• The cable industry in the D.C. Circuit, defending FCC rules governing findings of effective competition in the video marketplace
• Cable operators in successfully defeating several federal class actions alleging tying of premium cable services and cable set-top boxes
• Charter Communications in state attorney general investigations regarding allegedly deceptive broadband speed advertising and in related class action litigation in New York and California
• The cable industry in First Amendment challenges in federal courts of appeals to program carriage rules and analog broadcast carriage requirements
• A large coalition of local exchange carriers in federal court litigation and FCC proceedings arising from disputes over intercarrier compensation rules applicable to wireless traffic

Transactional

• Ka’ena Corporation, parent of mobile service providers Mint Mobile, Ultra Mobile, and Plum, in its US$1.3 billion-dollar sale to T-Mobile
• BAI Communications, a global shared communications infrastructure provider, in its acquisitions of:
  • ZenFi Networks, a provider of digital infrastructure solutions and innovator in small cell deployment, offload and roaming services, fiber connectivity, and network edge colocation
  • Mobilitie, the largest privately held infrastructure company in the United States
• Searchlight Capital Partners, a leading global private investment firm, in several acquisitions of and strategic investments in providers of communications services, including its:
  • Take-private of Hemisphere Media Group by portfolio entity Gato Investments
  • Acquisition of All Points Broadband, a provider of fiber-to-the-home and fixed wireless services
  • Acquisition of Wecom, a provider of broadband Internet access and VoIP based in Arizona and Nevada
• Infobip, a global cloud communications platform, in its purchase of global VoIP provider Peerless Network
• T-Mobile independent directors in the company’s merger with Sprint and spinoff of Boost Mobile
• LogMeIn in its:
  • Sale to Francisco Partners and Elliot Funds
  • Purchase of VoIP and collaboration services providers
• Time Warner Cable in:
  • Obtaining regulatory approval for its merger with Charter Communications
  • Its proposed merger with Comcast
  • Other acquisitions of cable systems and telecommunications assets, and sale of wireless spectrum
• Private equity purchasers of Cequel Communications
• Private equity purchasers of Hargray Communications
• Macquarie Infrastructure and Real Assets in purchasing regional fiber networks
• VoIPStreet in its sale to private equity purchasers

Regulatory

• NCTA, the cable industry association, in FCC and appellate proceedings regarding broadband classification and net neutrality rules, digital discrimination, and universal service
• Comcast in FCC proceedings regarding broadband data services and in a related appeal
• Charter, Windsream, and other telecommunications providers in appeals of Universal Service Administrative Company rulings regarding compliance with E-rate program rules
• A broad coalition of local exchange carriers seeking a declaratory ruling regarding applying intercarrier compensation rules to wireless traffic transmitted by interexchange carriers
• A leading cable operator in a congressional investigation of customer service issues
• Wholesale telecommunications carriers serving retail VoIP providers in securing key FCC rulings regarding interconnection rights
• Einride AB, a Swedish transport company specializing in electric freight trucks and self-driving vehicles, on a range of issues, including connectivity, transportation regulatory issues, tech transactions, real estate, and capital markets
• A coalition of leading national and regional television networks and sports teams in opposing on First Amendment grounds proposed state legislation and regulations that would impose significant restrictions on advertisements, branding, and other speech related to sports betting 
• A broad industry coalition seeking reform of FCC retransmission consent rules