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 is Global Chair of the Communications Law Practice and a member of the Supreme Court & Appellate Practice. He represents communications companies in a broad range of matters including regulatory, litigation, and transactional.

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

  • Leading cable operators 
  • Wireless carriers 
  • Internet service providers 
  • Satellite carriers 
  • E-commerce companies

Mr. Brill represents clients in proceedings before: 

  • The Federal Communications Commission (FCC) 
  • Federal and state courts 
  • State public utility commissions

The leading legal directories, including Chambers USA, The Legal 500 US, Washingtonian, Super Lawyers, Who’s Who Legal: Communications, and The Best Lawyers in America, consistently recognize Mr. Brill as a leading communications lawyer on Latham & Watkins’ first-tier Washington D.C. communications team. He is recognized in The Legal 500’s Hall of Fame, which highlights individuals who have received “constant praise by their clients for continued excellence,” for his regulatory work in the telecoms and broadcast industry. In 2015 and 2017, he was recognized as a Telecommunications MVP by Law360. In 2016 and 2017, Mr. Brill was named to BTI Consulting Group’s Client Service All-Star List, which recognizes national leaders in superior client service identified directly by corporate counsel and executives. He was also named a Top Lawyer in Cablefax’s inaugural Top Lawyers Awards Program in 2017, and again in 2018 and 2019.

Prior to joining Latham, Mr. Brill served as the senior legal advisor to Commissioner Kathleen Q. Abernathy at the FCC, where he worked with the FCC Chairman’s office, other commissioners, and agency staff. He was also the liaison to senior industry executives, trade associations, and state regulators, and worked closely with members of Congress and their staffs on a variety of legislative proposals. Mr. Brill’s 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 
  • The digital television transition

Before joining the FCC in 2001, Mr. Brill was in private practice, representing telecommunications carriers and other clients in FCC and court proceedings, including several in the US Supreme Court and Circuit Courts. Following law school, 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 representative matters include: 

  • Serving as lead representative of the cable industry in FCC proceedings regarding net neutrality rules 
  • Serving as lead regulatory counsel for Time Warner Cable in its merger with Charter Communications
  • Defending cable operators in several federal class actions alleging tying of premium cable services and cable set-top boxes 
  • Representing a large coalition of telephone companies in federal court litigation and FCC proceedings arising from disputes over intercarrier compensation rules applicable to intraMTA wireless traffic 
  • Representing parties in TCPA litigation in appellate and trial courts and in related proceedings before the FCC 
  • Recently served as lead counsel for the cable industry in First Amendment challenges to program carriage rules and analog broadcast carriage requirements in federal courts of appeals 
  • Represented Time Warner Cable in its acquisitions of cable systems and sale of wireless spectrum 
  • Represented private equity purchasers of Cequel Communications
  • Served as lead counsel to an industry coalition seeking reform of FCC retransmission consent rules 
  • Secured key FCC rulings regarding the interconnection rights of wholesale telecommunications carriers serving retail VoIP providers

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
Mr. Brill is 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
  • Supreme Court & Appellate