Charlie Zdebski serves as litigation, regulatory and transactional counsel to energy and telecommunications companies on varied issues of infrastructure and facilities deployment, operations and access. He also represents individuals and families on issues of education law on a reduced-fee and pro bono basis.
Representative Matters
· Plaintiff's counsel to energy trading affiliate of Fortune 20 investor-owned utility ("IOU") in successful litigation arising from international coal supplier's breach of coal supply agreement;
· Regulatory and transactional counsel to telecommunications companies regarding network facilities deployment and access issues;
· Plaintiff's counsel to generation company in successful claim against electric distribution company for payment of costs under an interconnection agreement imposed in violation of FERC regulations;
· FCC counsel to Southern Company and affiliates, Ameren and affiliates, Dominion Virginia Power and Conectiv regarding network access and pricing issues, including pole attachment issues;
· Lead counsel to Fortune 50 IOU in federal and state law claims for breach of facilities license agreement;
· Regulatory counsel to electric utility communications affiliates regarding development and deployment of broadband communications over power lines network;
· Lead counsel to Fortune 20 IOU in successful defense of property rights claim brought by state governmental agencies;
· Defense counsel to investor-owned electric utilities and telecommunications affiliates in fiber optic right-of-way class actions;
· Multi-jurisdictional litigation counsel to owner of major FERC-licensed hydropower project in numerous state, federal, appellate and agency cases regarding administration and operation of project, environmental impacts and personal injury claims;
· Counsel to electric utility owners of FCC radio licenses regarding regulatory issues;
· Federal appellate counsel to numerous investor-owned electric utilities in challenges to several FCC decisions regarding network access and pricing issues;
· Litigation counsel to Southern Company and affiliates, Ameren and affiliates and Dominion Virginia Power regarding network access and pricing issues;
· Trial counsel to Fortune 500 company in breach of indemnification agreement claim arising from $6.7 billion asset purchase;
· Represent hot oil pipeline owner in NTSB and DOT spill investigation proceedings;
· Defense counsel to consumer lending companies in nationwide consumer finance class actions;
· Litigation counsel to corporate executives in ERISA and phantom stock claims;
· Trial counsel to engine parts manufacturer defending contract and franchise act claims arising from termination of distribution agreement;
· Litigation counsel to major hotel/resort corporation;
· Trial counsel to major retail chain in defense of numerous property loss/damage claims.
Published Cases: Complex Litigation
· Potomac Electric Power Co. v. Mirant Corp., 2003 U.S. Dist. Lexis 3487 (D.D.C. 2003) (denying plaintiff's motion for summary judgment in favor of client Mirant because indemnification provision in asset purchase agreement susceptible to more than one reasonable interpretation).
· Coalition for Fair and Equitable Regulation of Docks v. Federal Energy Regulatory Commission, 297 F.3d 771 (8th Cir. 2002) (holding that client/electric utility's administration of dock permitting and fee program under FERC hydropower project license was proper pursuant to FERC's authority under the Federal Power Act to impose comprehensive conditions on licensees).
· Leach v. Mr. Cash, Inc., 2000 U.S. Dist. Lexis 20651 (D. Md. 2000) (granting defendant's/client's motion to dismiss Maryland Commercial Law claim for failure to make statutorily required loan disclosures because statute provides no civil penalties).
· Hahn v. National Cash Advance, 61 F. Supp. 2d 813 (C.D. Ill.1999) (holding that, under the Truth in Lending Act and Illinois law, a negotiable instrument can be security for repayment of a loan).
· In re: Estate of William C. Frogale, 1997 Va. Cir. Lexis 145 (Cir.Ct. Fairfax Cty., Va. 1997) (holding that, where consideration under irrevocable guaranty does not pass all at once, the guaranty terminates upon guarantor's death).
· Mercer Management Consulting, Inc. v. Wilde, 920 F. Supp. 219(D.D.C. 1996) (enforcing non-solicit covenant against management consultants who started a competing firm and successfully solicited a division of plaintiff's corporate client).
· Walton v. Lindler, 1994 U.S. App. Lexis 19397 (4th Cir. 1994)(conviction on two counts of cocaine distribution from two contemporaneous sales to same two officers did not violate defendant's constitutional protection from double jeopardy).
Published Cases: Telecommunications
· Kansas City Power & Light Co. v. American Fiber Systems, 2003 U.S. Dist. Lexis 20983 (D. Kan. 2003) (granting client's motion to dismiss because Telecommunications Act did not create private right of action).
· Georgia Power Company v. Teleport Communications, Atlanta, Inc., 346 F.3d 1033 (11th Cir. 2003) (absent sufficient rate data from either party, FCC had authority to use its own estimated data to calculate rate).
· Cavalier Telephone, LLC v. Virginia Electric and Power Co., 17 FCC Rcd 20651 (2002)(granting client's/defendant's motion to vacate earlier unfavorable holding by Cable Services Bureau in related pole attachment litigation).
· UCA, L.L.C., d/b/a Adelphia Cable Communications v. Lansdowne Community Development, LLC, et al., 215 F. Supp. 2d 742 (E.D.Va. 2002) (holding that communications company would not obtain access to electric utility's/client's rights of way because the utility had no commercial communications rights to apportion).
· Southern Company v. FCC, 313 F.3d 574 (D.C. Cir. 2002)(holding that FCC rulemakings were entitled to deference under 1996 Telecommunications Act).
· Southern Company v. FCC, 293 F.3d 1338 (11th Cir. 2002)(holding that electric utilities/clients were not required to provide communications companies with access to transmission facilities or to create additional infrastructure capacity upon demand).
· National Cable and Telecommunications Association v. Gulf Power Company, 534 U.S. 327 (2002) (holding that 1996 Telecommunications Act required mandatory access for cable modem service attachments and wireless communications attachments to utility infrastructure).
Education Law
· Defense of student charged with misconduct and potential criminal behavior in school disciplinary proceedings.
· Litigation counsel to PhD student in breach of contract and constitutional law claims against university for wrongful allegations of unprofessional conduct.
· IEP counsel - consult, advocate and negotiate on numerous IEP's and amendments, including litigation of due process claims when necessary and appropriate.
· Advocate and negotiate for resolution of university disciplinary charges regarding undergraduate student.
· Regular resolution of FOIA and FERPA issues regarding student records.
· Successful trial and appellate counsel in actions requiring public schools to reimburse for parentally-designed private education.
· Settlement of claims against school system for failure to provide appropriate education and refusal to compensate for private schooling.
· Negotiated resolution of situation involving student with learning disability threatened with expulsion for misconduct.
Professional Affiliations
Numerous pro bono representations
Member, Virginia State Bar Professionalism Course Faculty
Past Member, District of Columbia Bar Committee on Unauthorized Practice of Law
Articles/Speeches/Presentations
· "Get Plugged In: What the FCC's National Broadband Plan Means to Electric Utilities, Communications Companies and Their Customers," presented at an Eckert Seamans' webinar, March 19, 2010.
· "Smart Grid: What Is It and What Does It Mean To You?" presented at an Eckert Seamans' webinar, November 2009.
· "The New FCC," presented via webinar to Heartland, November 2009.
· "Issues in Telecommunications Law for Electric Utility Lawyers," presented at a Continuing Legal Education Seminar, June 2009.
· "Straight Talk on Tough Infrastructure Access Issues," Southeastern Electric Exchange ('SEE') 75th Anniversary, June 2008.
· "Joint Use Issues & Strategy," Fall 2007 Heartland Meeting of Joint Power & Communications, November 2007.
· "Legislative Update - What's Happening on the Hill?" SEE Joint Use Committee Meeting, October 2007.
· Learning Forum," SEE Joint Use Committee Meeting, October 2007.
(Also at Washington, District of Columbia Office)