Massey & Gail is able to draw on its administrative law experts, including former federal, state, and local government officials, to advise clients on a wide range of regulatory matters. We help clients navigate the maze of federal, state, and local regulations: analyzing and commenting on proposed rules, engaging with administrative bodies to resolve potential disputes, challenging regulations in court, and litigating complicated questions of administrative law that are often components of commercial litigation. In addition, our appellate litigators have represented clients at all levels of the judicial process, including the U.S. Supreme Court, in cases that involve important questions of administrative law.
Our federal work encompasses proceedings before a wide array of federal agencies, including the FTC, FCC, EPA, SBA, and DOJ, as well as state agencies. We have provided strategic counseling services to major companies and trade associations in addition to filing comments and meeting with agency officials to press our clients’ views. We also bring judicial challenges to agency decisions under the Communications Act, environmental laws, securities laws, banking statutes, the False Claims Act, and the Freedom of Information Act, among others. We handle atypical administrative proceedings, such as challenges to decisions of the Copyright Royalty Board setting copyright-royalty rates for commercial webcasting services.
We have also represented many telecommunications carriers, ISPs, and trade associations in state and federal regulatory rulemakings and in enforcement actions, and in litigation from district courts to the U.S. Supreme Court. While in house at a Fortune 100 carrier, one of our partners oversaw the company’s litigation in a five-state area.
Our attorneys have represented carriers in cases involving state utility commission regulation of the “just and reasonable” terms for local interconnection arrangements, the FCC’s net neutrality rules, prison phone rates, and class actions alleging over-billing. We have served as national counsel for a major carrier in more than a dozen high stakes cases concerning regulatory arbitrage schemes—cases litigated before the FCC, federal district courts, and courts of appeal—and that all resulted in dismissals or favorable settlements.
We have also represented multiple carriers in First Amendment and other constitutional challenges to statutes and regulations, including privacy rules, prohibitions on the rights of telephone companies to provide information services or video programming to their subscribers, and limits on the number of subscribers a cable television system operator may serve through cable systems.