Matthew A. Brill

  • Partner
  • Ematthew.brill@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.1095
  •  
 

Profile

Matthew Brill, Global Chair of the Communications Law Practice and a member of the Supreme Court and Appellate Practice, is a nationally recognized communications lawyer and former FCC senior official. He represents clients in litigation, regulatory, and transactional matters.

Mr. Brill advises service providers, investors, lenders, and other clients on traditional telecommunications, media, and emerging technology issues. He regularly represents:

  • Leading cable operators
  • Local exchange carriers
  • Wireless carriers
  • Internet service providers
  • Technology companies
  • Online platforms

Mr. Brill represents clients in proceedings before:

  • The Federal Communications Commission (FCC)
  • Trial and appellate courts
  • State public utility commissions and attorneys general

Mr. Brill served as the Senior Legal Advisor and Chief of Staff to Commissioner Kathleen Abernathy at the FCC. His work at the FCC included developing national policies governing:

  • Broadband Internet access
  • Voice-over-IP (VoIP) services
  • Local telephone competition
  • Universal service subsidies
  • Intercarrier compensation arrangements
  • Spectrum allocation

He served as a law clerk to Judge Thomas Penfield Jackson in the US District Court for the District of Columbia.

Mr. Brill is an active member of the Federal Communications Bar Association (FCBA) and has chaired the FCBA’s Common Carrier Practice Committee.

Experience

Mr. Brill’s experience includes representing:

Litigation
  • The television industry in a federal court challenge to the constitutionality of a state law requiring sale of all cable channels and programs on an à la carte basis
  • The cable industry association in FCC and appellate proceedings regarding net neutrality rules and in related preemption challenges to state net neutrality laws
  • Various parties in Telephone Consumer Protection Act (TCPA) litigation in appellate and trial courts (including several prominent victories defeating class certification and favorably construing key statutory provisions)
  • The cable industry in D.C. Circuit appeal of FCC rules governing findings of effective competition in the video marketplace
  • Cable operators in successfully defeating several federal class actions alleging tying of premium cable services and cable set-top boxes
Transactional
  • Time Warner Cable in obtaining regulatory approval for its merger with Charter Communications, and in prior proposed merger with Comcast Corp.
  • Time Warner Cable in its various acquisitions of cable systems and telecommunications assets, and sale of wireless spectrum
  • T-Mobile independent directors in connection with proposed merger with Sprint
  • Private equity purchasers of Cequel Communications
  • Private equity purchasers of Hargray Communications
Regulatory
  • The cable industry association in FCC and appellate proceedings regarding net neutrality rules and in related preemption challenges to state net neutrality laws
  • Comcast in FCC proceedings regarding broadband data services and in related appeal
  • Charter and other telecommunications carriers in appeals of Universal Service Administrative Company rulings regarding compliance with E-rate program rules
  • A broad coalition of local exchange carriers seeking a declaratory ruling regarding the application of intercarrier compensation rules to wireless traffic transmitted by interexchange carriers
  • A leading cable operator in a congressional investigation of customer service issues

Thought Leadership

  • US Commerce Department Imposes Broad Export Control Restrictions on Huawei -  May 23, 2019
  • Restoring Internet Freedom: FCC Eliminates Common Carrier Regulation of Broadband Providers  -  January 09, 2018
  • FCC Institutes New Privacy Regime for Broadband Providers and Other Telecommunications Carriers -  November 16, 2016
  • FCC Proposes Sweeping Broadband Privacy Rules -  April 13, 2016
  • FCC Issues Controversial TCPA Declaratory Ruling  -  July 15, 2015
  • Privacy Blog: Walburg v. Nack: Recent Supreme Court Petition in TCPA Case Tees Up Important Constitutional Issues -  January 06, 2014
  • D.C. Circuit Upholds FCC Ruling Enforcing Retention Marketing Restrictions -  February 26, 2009
  • FCC Mandates Wide-Ranging Digital Television Transition Education Initiatives -  March 28, 2008
  • FCC Bans Exclusive Arrangements Between Cable Companies and Multiple Dwelling Units or Other Centrally Managed Real Estate Developments -  November 26, 2007
  • D.C. Circuit Upholds FCC Rules Requiring USF Contributions by VoIP Providers; Eases Some Burdens -  June 15, 2007
  • Fox Television Stations v. FCC: Broadcasters Take Aim at the FCC’s Indecency Rules -  June 15, 2007
  • Court of Appeals Upholds Extension of CALEA Obligations to Providers of Broadband and VoIP Services; Implementation Challenges Loom -  June 30, 2006
Described as “the preeminent cable practitioner” and “is very gifted in his ability to develop fresh arguments and communicates them orally and in writing with grace and effectiveness.”Chambers USA 2018
Bar Qualification
  • District of Columbia
Education
  • JD, Harvard Law School, 1996
    magna cum laude
  • BA, Dartmouth College, 1991
    summa cum laude
Industries
  • Entertainment, Sports & Media
  • Communications
  • Internet & Digital Media
Practices
  • Communications Law
  • Litigation & Trial Practice
  • Supreme Court & Appellate