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Samir Jain is a partner in the firm's Regulatory and Government Affairs Department, and a member of the Communications, Privacy and Internet Law Practice Group. Mr. Jain’s practice involves litigation, regulatory work, and counseling on a wide range of cutting-edge communications, e-commerce, national security, and privacy issues. He regularly represents communications clients in rulemaking and enforcement proceedings before the FCC and state regulatory commissions. He also has litigated numerous precedent-setting cases before federal and state courts at both the trial and appellate levels.
His areas of expertise and recent highlights include:
Regulation of telecommunications and information services — Since passage of the 1996 Telecommunications Act, Mr. Jain has represented major telecommunications and technology companies on a range of high-stakes and complex regulatory and policy controversies. He is currently representing Verizon and Verizon Wireless before the FCC and the DC Circuit in connection with proposed “net neutrality” rules.
Online content liability — Nationally recognized expert in issues concerning the potential liability of Internet service providers and other online interactive service providers for unlawful content originated by third parties. Mr. Jain has represented leading members of the online industry in many of the key cases defining the scope of the immunity afforded to service providers by Section 230 of the Communications Decency Act, as well as under the Digital Millennium Copyright Act, including Zeran v. AOL, CLC v. craigslist, Barnes v. Yahoo!, Doe v. AOL, Blumenthal v. Drudge, Barrett v. Rosenthal, Bates v. Yahoo!, and Tiffany v. eBay.
Electronic surveillance — Extensive experience in litigation and counseling in connection with the Wiretap Act, the Electronic Communications Privacy Act (ECPA), the Communications Assistance for Law Enforcement Act (CALEA), and related federal and state wiretap and surveillance statutes. Mr. Jain successfully represented Verizon in national, multi-district class action litigation and related regulatory inquiries in connection with claims that it violated communications privacy laws by allegedly providing assistance to the National Security Agency in connection with alleged electronic surveillance activities. He also has litigated class actions under ECPA and successfully challenged subpoenas and other legal process seeking subscriber data, search query data, and similar information on privacy and free speech grounds.
Privacy and data security — Wide-ranging practice in advising clients in connection with privacy issues arising from targeted online advertising, deep packet inspection (DPI), use of location data, detection of child pornography and other unlawful content, data security practices, and responses to data breaches and other security incidents.
National Security and public safety — Works with clients on a broad range of issues related to national security in the communications arena, including before the Department of Justice and the Department of Homeland Security and other “Team Telecom” agencies. Mr. Jain also has assisted Verizon Wireless in connection with FCC and legislative proceedings to provide “D Block” spectrum and funding for development of a national network that will provide first responders and other public safety customers with interoperable wireless broadband capabilities.
FTC and consumer protection — Handles investigations before the FTC and state Attorneys General and counsels clients in connection with compliance with consumer protection laws. Among other matters, Mr. Jain secured a no-action closure of an FTC investigation arising from the high-profile public release of an Internet service provider’s customer data.
Regulatory clearance for transactions — Extensive experience in securing clearance for transactions from the FCC and state commissions, including most recently the proposed AT&T-T-Mobile merger. He previously helped secure clearance for the Verizon-MCI, Verizon-Frontier, and Qwest-CenturyLink transactions.
Professional Activities
Mr. Jain has served as co-chair of the Telecommunications Committee of the Computer and Telecommunications Law Section of the District of Columbia Bar and the Homeland Security Committee of the Federal Communications Bar Association. He also has been an adjunct professor at George Washington Law School, where he has co-taught a course on Electronic Commerce Law. Mr. Jain speaks and writes regularly about Internet and communications law issues, including recent presentations concerning national security issues for communications providers, digital publishing and defamation, and online intermediary liability, as well as articles in Electronic Commerce and Law, Advertising Age, Internet Law & Business, Journal of Internet Law, and Global Telecoms Business, and a chapter of the book Internet Law for the Business Lawyer.
Honors and Awards
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