Date/Time: Thursday, September 14, 2017, 3:00 – 5:15 p.m.
Location: Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue, NW

The FCBA Enforcement, Judicial, and Privacy Committees will host a CLE on Thursday, September 14 from 3:00 – 5:15 p.m. titled “FCC and FTC Enforcement Priorities under the New Administration.” This program will be held at a location to be determined in Washington, DC.

AGENDA

3:00 – 3:05 p.m.          Welcome and Introductions

Steve Augustino, Partner, Kelley Drye & Warren LLP

 

3:05 – 4:00 p.m.          FTC vs. FCC Overview; Major Actions Under the Previous Administration and Potential Enforcement Priorities Under the Current Administration

A panel of FCC and FTC practitioners will give a brief overview of the structure of the FCC compared to the FTC; the sources of authority for each agency; and each agency’s approach to, and tools for, enforcement presentations. Next, the panel will discuss record-setting actions from the previous administration, and the impact of those actions on the body of FCC and FTC communications precedent. Finally, panelists will discuss potential FTC and FCC enforcement priorities under the new administration.

Moderator:

TBD

Speakers:

Jonathan Nuechterlein, Partner, Sidley Austin LLP

Christopher Olsen, Partner, Wilson Sonsini Goodrich & Rosati

Yaron Dori, Partner, Covington & Burling LLP

 

4:00 – 4:10 p.m.          Break

4:10 – 4:20 p.m.          Overview of FTC v. AT&T, No. 15-16585

In May 2017, the 9th Circuit agreed to review en banc a three-judge panel decision overturning the FTC’s speed throttling action against AT&T. In its decision, the three-judge panel held that the statutory exemption that traditionally prevented the FTC from acting on common carrier activities also prohibited the agency from enforcing against companies with “common carrier” status. Following the FCC’s reclassification of internet service providers in 2015, this case seemed to chip away at the FTC’s authority further, calling into question the FTC’s ability to regulate certain edge providers.

This portion of the session will provide a more detailed description of the substantive issues and the procedural history of the 9th Circuit AT&T case.

Speaker:

Christopher Wright, Partner, Harris, Wiltshire & Grannis LLP

 

4:20 – 5:15 p.m.          FTC v. AT&T Debate

In this portion of the program, four panelists will split into two teams presenting different sides of the argument in a debate-style forum. Panelists will be asked to: (1) present opening arguments supporting their positions; (2) take questions from the “judge;” and (3) present rebuttals. There will be a break during the debate for panelists to caucus with attendees, who will be asked to sit behind the panelists whose argument they most support. A question and answer session will end the program.

Moderator:

Christopher Wright, Partner, Harris, Wiltshire & Grannis LLP

Speakers:

Joseph Palmore, Partner, Morrison & Foerster LLP

Peter Karanjia, Partner, Davis Wright Tremaine LLP

 

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