Practice Areas & Industries: Crowell & Moring LLP

Practice/Industry Group Overview

Crowell & Moring LLP's Technology, Media and Telecommunications ("TMT") practice captures the convergence of legal and technology issues affecting clients providing communications, publishing and e-commerce services to industry and consumers. Our TMT attorneys work with clients on matters arising from:

• contracting for information technology equipment and services;
• U.S. and European regulation of the telecommunications and media industries;
• the expanding role of Internet as a place for doing business and eBusiness;
• the development and protection of intellectual property rights in technology to serve telecommunications, publishing and e-commerce;
• antitrust regulation, counseling and litigation;
• the increasingly complex regulation in the United States and Europe of privacy and data collection rights in personal information.

Our TMT practice and European Practice focuses on the regulation, protection, and disposition of rights to technology, information, spectrum, and intellectual property, in the United States and in international trade. Consistent with its focus on these cutting edge issues, we participate in a broad range of legislation, litigation, and corporate transactions that reflect the rapidly changing nature of communications, publishing and commerce in today's society. Our goal is to use our specialized experience and expertise to help our clients shape and reap the advantages of the regulations, policies and commercial environment affecting the way they do business.

Representative Engagements

Fiber optic right-of-way class actions. We serve as national coordinating counsel for a major transportation company in a series of class action lawsuits in 30 states against railroads and telecommunications companies seeking damages as the result of the installation of fiber optic cable on railroad right-of-way.

Cellular phone late fee class litigation. C&M represents a leading telecommunications company in a series of consumer class actions filed in Maryland state court alleging excessive late fees for billing payments. We have taken the lead in organizing a joint defense group of cable-wireless, and other communications company defendants sued in similar lawsuits.

Copper pricing antitrust litigation. C&M is pursuing a major action on behalf of a group of 23 indirect copper buyers, including telecommunications companies, alleging worldwide price manipulation by a copper broker.

Achieved dismissal of qui tam case brought by DCAA auditors based on information they obtained in the course of their own audit. Wercinski v. IBM, 982 F.Supp. 449 (S.D. Texas 1997).

Successfully represented AOL in first Internet monopolization case involving on-line access and marketing of computer games, and prosecution of counter claims involving theft of proprietary assets.

Sex harassment. On behalf of a large telephone operating company, we obtained summary judgment on plaintiff's claims of sexual harassment and various state law claims, in federal court in Virginia.

Constitutional challenge to the Federal Communication Act of 1996. We obtained a landmark decision from the Texas District Court holding the provisions of the Act that singled out a named group of Bell Operatings Companies to be unconstitutional under the little-used Bill of Attainder Clause. The Fifth Circuit reversed 2-1, however, over a lengthy dissent.

Federal District Court suit to prevent use of infringing domain name. We successfully brought a quick end to use of a name that infringed our client's registered trademark, in a settlement that included payments covering attorneys fees. We represented a coalition of broadcast and telecommunications industry associations in supporting the FCC's successful defense of its radiation hazard rules for radio frequency licensees in the US Second Circuit Court of Appeals.

In a six-month arbitration hearing, obtained a $35 million copyright royalty award for a coalition of US commercial television stations, and protected the award on appeal.

Obtained an ASBCA decision that government diversion of radios from one foreign customer to another constituted a "constructive change," entitling the contractor to the difference between the contract price and the price for which the radios would have been sold directly. E-Systems, Inc., ASBCA No. 21091, 82-1 BCA 15,774.

Defended company and individuals in ten-day jury trial, after which case settled for nuisance value. United States ex rel. Carpenter et al v. Harris Corp. (E.D. Va No. 98-1727A)

Grupo Sistemas Interegrales de Telecomunicacion S.A. de C.V. v. AT&T Communications, Inc. 1996 (WL 312535 (S.D.N.Y. June 10, 1996) Successful defense of US company from claims of breach of contract and fraud arising from sale of satellite communications equipment to a foreign corporation.

Services Available

• to implement policies and practices that provide adequate protection for the privacy of the personal information held by that company -- both in the EEA and the US or any other non-EEA country to which personal data may be transferred for review or storage;
• to register with a national data protection authority and provide details of privacy protection practices;
• to give employees access to their personnel records;
• to place notices on a range of corporate documentation to give customers, employees and any other person from whom they collect personal information regarding their data practices;
• to enter into data protection agreements with any third-party with whom employee or customer information may be shared (including, for instance, payroll agencies and marketing firms).

• Registration with national data protection authorities;
• Conforming human resource policies and practice to the requirement of the Directive;
• Preparing data protection notices and conforming employee, customer and other corporate documentation;
• Implementing third-party data processing policies and contracts;
• Preparing an intra-group transborder data flow contract.