PRIVACY

Massey & Gail represents clients with regard to privacy issues in litigation and through strategic counseling.

We won a landmark privacy case in the telecommunications field involving the tension between privacy and the first amendment. We have also provided strategic advice to clients facing regulatory questions, data breaches, and emerging technology issues that directly impact this new and evolving area of the law.

REPRESENTIATIVE MATTERS

Representing a telecommunications company in a landmark Court of Appeals for the Tenth Circuit case invalidating Federal Communications Commission rules restricting telephone company use of “customer proprietary network information” as a violation of the First Amendment. U.S. West Communications, Inc. v. FCC, 182 F.3d 1224 (10th Cir. 1999).
Representing a financial institution in a case presenting the question whether the First Amendment permits the Federal Trade Commission to prohibit credit reporting agencies from distributing lists of selected names, addresses, and other information to a wide variety of organizations, including for-profit companies, political groups, and charitable entities, for the solicitation of charitable and political contributions and the sale of goods and services.
Counseling telecommunications companies with regard to administrative rules regarding customer privacy.
Providing strategic counseling advice to a major international financial services company regarding emerging issues related to online and mobile payment platforms, and data related thereto.
Representing a non-profit citizens’ advocacy group in federal court with regard to a dispute between a state attorney general and Google regarding internet safety and privacy issues.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.