Paul A. Werner

Phone202.469.4910

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Experience & Credentials
 

Practice Areas

  • Litigation
  • Communications
 
University University of California, Los Angeles, B.A., summa cum laude, 1999
 
Law SchoolVanderbilt University Law School, J.D., 2002 Editor in Chief, Vanderbilt Journal of Entertainment Law & Practice, 2002, Order of the Coif
 
Admitted2003, District of Columbia; Virginia; U.S. Court of Appeals, District of Columbia Circuit ; U.S. Court of Appeals, Fourth Circuit ; U.S. Court of Appeals, Federal Circuit ; U.S. District Court, District of Columbia ; U.S. District Court, Eastern District of Virginia ; U.S. District Court, District of Colorado
 
Biography

Mr. Werner is a partner in the Business Trial Practice Group in the firm's Washington D.C. office.

Areas of Practice

Mr. Werner is a seasoned first-chair litigator, whose prodigious representations over the past decade have been before all levels of courts and administrative tribunals, federal and state, and spanned a wide range of complex litigation matters. These matters have run the gamut from high-stakes, "bet the company" commercial disputes to disputes involving statutory, constitutional, communications, energy, environmental, insurance, intellectual property, false advertising, privacy and administrative law issues.

He has extensive experience representing cable operators and other broadband providers in matters involving communications law issues, including local franchising, PEG programming, rights-of-way, pole attachments and infrastructure deployment, and a host of other related issues. He has represented providers on these issues in state and federal courts and participated in rulemakings and adjudications before the U.S. Federal Communications Commission ("FCC").

Mr. Werner also regularly defends companies against putative class actions, particularly suits involving claims of unfair competition, state consumer protection statutes, and products liability. He successfully represented an association of communications providers in defeating certification of a putative class of landowners seeking damages for alleged unauthorized "telecommunications" use of easements they had granted to an electric utility, and is currently defending the trial court's decision on appeal . He is also currently defending nine coordinated class actions in an MDL proceeding and related state court actions on behalf of an international automobile manufacturer.

Mr. Werner is additionally experienced in representing companies in government and internal investigations. He has represented clients in criminal and civil investigations, including investigations arising under the False Claim Act, the Anti-Kickback Act, and the FCC E-Rate program.

His practice includes significant trial and appellate experience. In recent years, Paul has tried multiple disputes to judgment as co-lead counsel. He also recently assisted with a multi-week trial in federal court involving false advertising claims that resulted in a favorable jury verdict. Mr. Werner also regularly represents clients in state and federal appellate courts, including the United States Supreme Court. Mr. Werner's matters are regularly reported in the media, including Law360.

Mr. Werner is dedicated to pro bono representations and public interest litigation. On behalf of a community organization, Paul successfully appealed a trial court decision that had upheld a planning board's approval of a commercial water bottling operation in an environmentally-protected area with trailheads into the Catskill mountains. He is currently representing an environmental organization in federal court litigation arising under the Environmental Species Act.

Clerkships

· Law clerk to The Honorable Karen LeCraft Henderson of the U.S. Court of Appeals for the District of Columbia Circuit

Experience

· Successfully represented the California Cable and Telecommunications Association in defeating certification of a class of statewide landowners seeking injunctive relief and damages for alleged wrongful "telecommunications" use of easements they granted to an electric utility.

· Won summary judgment in favor of a cable operator in long-running federal court litigation brought by a local franchising authority claiming millions of dollars in damages for an alleged breach of the franchise agreement. (Mecklenburg County v. Time Warner Entertainment-Advance/Newhouse P'ship, 2010 WL 391279 (W.D.N.C. 2010))

· Won summary judgment in favor of a cable operator in federal court litigation brought by local franchising authorities alleging violation of Public, Educational, and Governmental obligations

· Defended cable operator through a two-week trial of a state court action brought by an investor-owned electric utility claiming the operator owed millions of dollars in back pole attachment fees for allegedly providing "telecommunications services"

· Defended an international automobile manufacturer in coordinated putative class actions involving products liability and state consumer protection statutes based on allegations of defective alignment systems and consequent tire wear. (In Re LR3 Litigation (MDL 2008))

Honors

· Legal 500, Media, Technology and Telecoms (Telecoms and Broadcast), 2012, 2013

Memberships

· Federal Communications Bar Association

 
ISLN922024437
 

Documents by this lawyer on Martindale.com

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Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp.
J. Aaron George,Paul A. Werner, July 24, 2014
In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, could not be...

Once More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations
Douglas A. "Drew" Svor,Brian D. Weimer,Paul A. Werner, May 26, 2014
Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed Rulemaking (NPRM) that initiated a renewed effort to foster and...

Twice Bitten But Not Shy, The FCC Is Handed The DC Circuit’s Prescription for Internet Regulation
David Powers,Paul A. Werner, February 3, 2014
On Tuesday, January 14, 2014, the United States Court of Appeals for the D.C. Circuit struck down the FCC’s latest effort to mandate “net neutrality”- or promote internet “openness” - under the auspices of implementing the Communications Act. At issue in the case is...
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Office Information

Paul A. Werner

Eleventh Floor East, 1300 I Street, NW
WashingtonDC 20005-3314




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