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MEDIA AND COMMUNICATIONS TEAM

Attorneys with In-Depth Industry Knowledge

The legal challenges faced by media, telecommunications, and high-technology companies demand lawyers with solid industry understanding. Nixon Peabody's Media and Communications Team comprises attorneys with proven industry expertise and an exceptional record of helping companies meet critical challenges. It has been involved in precedent-setting litigation on behalf of media companies and telecommunications carriers, as well as many high-profile cases involving leading-edge business and legal issues posed by new information and communications technologies. The team's attorneys understand the rapidly changing business and regulatory landscape, as well as the issues involved in high-stakes FCC enforcement actions. They bring insight, experience, and skill to the full spectrum of legal issues confronting the media and communications industries today.

Nixon Peabody's media and communications attorneys counsel and represent newspapers, television stations, and publishing companies across the country in a wide array of matters, including:

• Defamation prevention and litigation
• Newsgathering torts
• Privacy and access issues
• Advertising
• Subpoenas and Reporters' Privilege issues
• Hidden cameras and microphones
• Cameras in the courtroom

New Media
Our experience with media clients has proven readily transferable to the new media world of the Internet, where many of the same issues routinely arise. We have combined this experience with our expertise in:

• Intellectual property and trademark litigation
• Trade secret and privacy-related litigation and counseling
• Disputes concerning alleged breaches of software, computer services, and Web hosting contracts

Internet Service Providers
Team members began representing Internet service providers more than a decade ago. In 2000, they litigated the first case to extend the protections of Section 230 of the Communications Decency Act to the Web hosting environment. They also represented ISP's in a wide variety of contract and tort disputes with customers and business partners.

Communications Litigation and FCC Enforcement Actions
The growth of the Internet has triggered a convergence of the media, high-technology, and telecommunications industries that is bringing all three into potential conflict with the Federal Communications Commission or state public utility commissions. State and federal regulation of the telecommunications industry is increasingly a factor in disputes among commercial entities.

We are familiar with the rapidly-changing regulatory landscape and have a thorough understanding of its scheme and impact on litigation involving communications, high-technology, and new media companies.

Among our partners is the first deputy chief of the FCC's enforcement bureau. Companies involved in high-stakes enforcement actions find his experience invaluable. Other team members also have significant experience with state and local regulators, state attorneys general, and consumer advocates.

Our attorneys represent a broad spectrum of clients in the industry, including:

• Local exchange carriers
• Long-distance companies
• Internet service providers
• Wireless companies
• Cable companies
• State regulatory commissions

Antitrust
We have broad experience with antitrust issues involving media, communications, and high-technology companies. This is especially relevant today because the Justice Department has reorganized and increased its emphasis on issues pertaining specifically to the media and telecommunications industries.

We have successfully prosecuted and defended Sherman I claims involving newspaper companies and telecommunications carriers, and Sherman II claims alleging denial of access to essential facilities, predatory pricing, unreasonable refusals to deal, and monopoly leveraging involving telecommunications companies. One of the team's attorneys had a major role in the telecommunications-related actions of the 1970's and 1980's designed to break up the alleged monopolies in the long-distance market.

Our attorneys represented a local exchange carrier in an antitrust action brought against it by intelligent pay telephone providers. The case was dismissed based on standing and antitrust injury arguments. Team members also represented a competitive long-distance carrier and obtaines $27.5 million in cash, $70 million of "in-kind" relief, and an injunction barring further anit-competitive practices.