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Professional Resume

Partner, Duane Morris LLP (2008-present)
Competition, intellectual property and policy advocacy for technology based enterprises, with practice concentrated in telecommunications and technology policy, antitrust and litigation. Representative clients include Broadband Census, CCIA, InComm, Name.Space, NuVox Communications, Sling Media, Securus Technologies, UBS Securities, U.S. DID.

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Partner, Kelley Drye & Warren LLP (2001-08) court
Chaired DC/VA Litigation Practice for this New York-based firm and architeched its expansion from legacy telecom regulatory compliance to the policy and legal disputes affecting the new economy. Representative clients included Oracle, Computer & Communications Industry Association (CCIA), Google, Recording Industry Association of America (RIAA), ProComp, Vonage, Return Path, Global NAPs, BroadVoice, IDT, Telos, Winstar Communications, Association of Local Telecommunications Services (ALTS), Consumer Federation of America and Consumers Union. Lead litigation counsel in several trend-setting antitrust cases arising out of the impact of deregulation in the telecommunications industry.

Major litigation and appellate matters included Massachusetts v. Microsoft Corp., 2004 U.S. App. LEXIS 13489 (D.C. Cir. 2004); Prometheus Radio Project v. FCC, 2004 U.S. App. LEXIS 12720 (3d Cir. 2004); United States Telecom Ass'n v. FCC, 359 F.3d 554 (D.C. Cir. 2004); AT&T Corp. v. FCC, 292 F.3d 808 (D.C. Cir. 2002); WorldCom, Inc. v. FCC, 288 F.3d 429 (D.C. Cir. 2002); Texas Office of Pub. Util. Counsel v. FCC, 265 F.3d 313 (5th Cir. 2002); United States v. Microsoft Corp., 231 F. Supp. 2d 144 (D.D.C. 2002), 2003-1 Trade Cas. (CCH) ¶ 73,926 (D.D.C. 2003); Yahoo!, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme, 169 F. Supp. 2d 1181 (N.D. Cal. 2001); Valdez v. New Mexico, 54 P.3d 71 (N.M. Sp. Ct. 2002).

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Partner, Patton Boggs LLP (1999-2001)
Principal member of firm's Technology, Internet & New Media practice groups, recruited for newly opened Northern Virginia office. Multidisciplinary practice, including corporate financial and transactional deals, offering integrated representation to both emerging growth and mature technology ventures. Representative clients included AirFiber Communications, Software & Information Industry Association (SIIA), Securify, Tellme, eMusic, Telera, Excite@Home, NexGen Networks, NorthPoint, TollBridge and WineBuyer.com. Major litigation and appellate matters included General Instrument Corp. v. FCC, 213 F.3d 724 (D.C. Cir. 2000); Competition Policy Institute v. U.S. West, Inc., 120 S. Ct. 2215 (2000); Name.Space, Inc. v. Network Solutions, Inc., 202 F.3d 573 (2d Cir. 2000); GTE New Media Services Corp. v. BellSouth Corp., 199 F.3d 1343 (D.C. Cir. 2000); Daleure v. Kentucky, 119 F. Supp. 2d 683 (W.D. Ky. 2000).

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Partner, Technology Law Group (1990-99)
Senior partner in 15-attorney technology law boutique. Special expertise in advocacy for start-up ventures and high-tech companies on novel, competitively significant issues and standards-setting activities. Representative clients included Netscape Communications, Echelon, MCI and MCImetro, Juno Online, Telocity, Rhythms NetConnections, SnapTrack, McCaw Cellular, Centex, WebCel and the Competition Policy Institute. Principal lobbyist for the the Computer & High-Tech Coalition (CHTC) and the DSL Access Telecommunications Alliance (DATA) on broadband and interoperability issues before both Congress and the FCC.

Major appellate and litigation matters included US West, Inc. v. FCC, 182 F.3d 1224 (10th Cir. 1999); International Telecard Ass'n v. FCC, 166 F.3d 387 (D.C. Cir.), cert. denied, 526 U.S. 1146 (1999); PGMedia, Inc. v. Network Solutions, Inc., 51 F. Supp. 2d 389 (S.D.N.Y. 1999); GTE New Media Services, Inc. v. Netscape Communications Corp., 21 F. Supp. 2d 27 (D.D.C. 1998); MCI Telecommunications Corp. v. Pacific Bell, 1998 US Dist. LEXIS 17556 (N.D. Cal. 1998); Melcher v. FCC, 134 F.3d 1143 (D.C. Cir. 1998); In re WebCel Communications, Inc., 1998 US App. LEXIS 4684 (DC Cir. 1998); Iowa Utilities Board v. FCC, 120 F.3d 753 (8th Cir. 1997), rev'd in part, AT&T Corp. v. Iowa Utilities Board, 119 S. Ct. 721 (1999); Tobe v. City of Santa Ana, 9 Cal 4th 1069, 892 P.2d 1145 (1995); Gandal v. Telemundo Group, Inc., 997 F.2d 1561 (D.C. Cir. 1993), 23 F.3d 539 (D.C. Cir. 1994); Carney v. United States Department of Justice, 115 S. Ct. 86 (1994); Richman Bros. Records, Inc. v. US Sprint Communication Co., 953 F.2d 1431 (3d Cir. 1991), cert. denied, 112 S. Ct. 3056 (1992), aff'd Richman Bros. Records, Inc. v. FCC, 124 F.3d 1302 (D.C. Cir. 1997).

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Partner, Jenner & Block (1985-90)
Representation and counseling of clients in numerous Congressional hearings, FCC and state administrative proceedings, and merger and antitrust investigations. Handled all aspects of MCI Communications Corp.'s regulatory strategy, including the "Triennial Review" of the United States v. AT&T antitrust decree, numerous decree enforcement cases and FCC proceedings related to ballot and allocation for interexchange traffic, pricing of dominant carrier services, 800 access, SS7 implementation, "gateway" information services, calling card validation and alternative access technologies.

Elected partner December 1988. Counsel to the Interexchange Carrier Industry Committee and the United Satellite Industry Association. Lead trial counsel in federal civil fraud case and second-chair trial counsel in successful defense of multi-million dollar "bad faith" insurance action. Other major matters included Coker v. Sullivan, 902 F.2d 84 (D.C. Cir. 1990); Mitchell v. Director, 855 F.2d 485 (7th Cir. 1988); Pennsylvania Life Ins. Co. v. Bumbrey, 665 F. Supp. 1190 (E.D. Va. 1987).

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Trial Attorney, Antitrust Division, U.S. Department of Justice (1982-85)
Antitrust and regulatory responsibility in telecommunications, cable television, broadcast and financial services industries. Substantial responsibility in the Department's investigation and Tunney Act consent decree settlement of GTE's acquisition of Sprint and in the FCC's "effective competition" rulemaking implementing the Cable Communications Policy Act of 1984, as well as Sherman and Clayton Act investigations in satellite communications and commercial banking. Special Achievement Awards (1983 and 1984); Outstanding Performance Award (1984).

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Law Clerk, Hon. J. Clifford Wallace, U.S. Ct. of Appeals, 9th Cir. (1981-82)
Chief law clerk for one of the most senior and respected jurists on the Ninth Circuit, formerly Chief Judge, appointed by President Nixon.

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Professional Activities
Member, Antitrust Committee, Intellectual Property Owners Association (2008-present)
Executive Director, Universal Service Policy Project (2006-08)
Chair, CLEC Antitrust Council (2001-04)
Board of Advisors, NetAction (1996-2004)
Director, Computer Professionals for Social Responsibility (1999-2003)
General Counsel, esqNetwork.com, Inc. (2000-01)
General Partner, Accelerant Partners, LLP (1999-2001)
Member, North American Numbering Council (1997-99)
Member, Telecommunications Accessibility Advisory Committee (1996-97)
Director, National Law Center on Homelessness and Poverty (1989-99)
General Counsel, Interexchange Carriers Industry Committee (1985-90)
Issues Advisor, Dukakis for President Campaign (1988)
National Institute of Trial Advocacy, Boulder, Colorado (1984)
ABA National Institute on Antitrust and Economics (1983)
Attorney General's Advocacy Institute (1983)

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Member
American Bar Association
ABA Section of Antitrust Law
ABA Forum on Communications Law
Democratic National Committee
Federal Communications Bar Association
Board of Advisors, First Principles Group, GasPedal Ventures

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Speaker
"Antitrust Issues For RBOCs and CLECs," American Conference Institute: Telecoms 2001, New York (Feb. 2001)
"A World Without Tariffs," Prepaid Communications Assn. Seminar, Washington (Feb. 2001)
"The 1996 Telecom Act Revisited," IPU 32nd Annual Conference, Colonial Williamsburg (Dec. 2000)
"Broadband: The Emerging Legal Environment," IPU Advanced Regulatory Studies Program, Cincinnati (Oct. 2000)
"The Politics of Bandwidth: Convergence, Globalization and the Future of Telecom Regulation," USTA, Springfield (Sept. 2000)
"State & Federal Regulation: Everything You Need to Know?," International Telecard Ass'n Convention, Naples (Sept. 2000)
"Convergence Mergers: Where's the Relevant Market?," PLI Telecom M&A Seminar, San Francisco (Aug. 2000)
"Antitrust and Domain Name Competition," ABA Antitrust Section, Annual Meeting, New York (July 2000)
"Public Policy In the Era of Convergence," IEC SuperComm 2000, Atlanta (June 2000)
"Prepaid Card Regulatory Compliance: Why Bother?," International Telecard Association, Washgington Seminar (June 2000)
"Keeping Stock: Stock Options and Today's IT Brain Drain," ITAA Seminar, Northern Virginia (June 2000)
"Career Development for IT Professionals in the 21st Century," National IT Workforce Convocation, Chicago (April 2000)
"The FCC's 'Rocket Docket': Is It Either?," ALTS 1999 Business Conference, Palm Springs (Nov. 1999)
"The Six Ws of Convergence," NCF-InfoVision '99, Chicago (Oct. 1999)
Chair, "Wireless E9-1-1 Compliance," WRG Countdown to 2001, Washington (Sept. 1999)
"FCC v. DOJ Merger Enforcement," PLI Telecom M&A Seminar, San Francisco (Aug. 1999)
"Network Assess: Doctrinal Conflict or Creative Tension?," ABA Antitrust Section, Annual Meeting, Atlanta (Aug. 1999)
"The Case For Structural Relief: Breaking Up Is Hard To Do?" Appraising Microsoft II, Washington (April 1999)
"Regulation in The Convergence Era," ICM Local Competition Conference, Washington (March 1999)
"Validation and Verification of Location Performance," 3rd Annual E911 Wireless Emergency Services, San Antonio (Jan. 1999)
"Business Structure of the Internet," United States Telephone Association NSAC Conference (Dec. 1998)
"Convergence And Its Consequences," CPSR One Planet, One Net, Boston (Oct. 1998)
"Next Generation E911 -- Compliance With FCC Phase II Standards," AiC Worldwide E911 Miami (Sept. 1998)
"Taxation By Another Name," International Telecard Association Regulatory Seminar (July 1998)
"Navigating the New Regulatory Paradigms," United States Telephone Association NSAC Conference (March 1998)
"High-Tech Meets Government," LSI Palo Alto Conference (March 1998)
"Opportunities and Challenges in Global Communications," 24th Int'l Law Society, Georgetown Univ. (Feb. 1998)
"The Regulation Game," International Telecard Foundation Regulatory Update (Jan. 1998)
"The Top 10 Mac Lawyer Tips For 1998," MacWorld/Expo San Francisco 1998 (Jan. 1998)
"Domain Names and Internet Governance," CPSR Annual Meeting (Oct. 1997)
"From Hush-A-Phone to Iowa Utilities: What a Long, Strange Trip It's Been," 9th Annual Seattle Telecom Conf. (March 1997)
"Regulation of the Internet: New Paradigms For a New Era," FCBA Symposium, Connecting Cyberspace to the NII (March 1997)
"Dial Around Compensation: Where Are We Going?," TeleCard/World Expo New York (Feb. 1997)
"The Cycles of Antitrust in the Telecom Industry," NTCA Legal Seminar, New Orleans (Feb. 1997)
"The Top 10 Mac Lawyer Tips for 1997," MacWorld/Expo Boston 1997 (Aug. 1997)
"Regulation of the Communications Functions of the Internet: A War Between Two Worlds," Fall Internet World '96 (Dec. 1996)
"Broadband Wireless Internet Connectivity," The First 100 Feet, Harvard Univ. Info. Infrastructure Project (Oct. 1996)
"Regulation of Computer Telephony Integration," Clemson University CTI Conference (Oct. 1996)
"Payphone Compensation: Threat or Opportunity?," TeleCard World/Expo New York (Sept. 1996)
"Internet Telephony: Regulatory Issues In a Converging Market," The Talking Net Conference (Sept. 1996)
"Legal Regulations: Facing the Consequences," TeleCard World '96 Atlanta (April 1996)
"Everything You Wanted to Know About Tariffs," TeleCard World Expo Washington, DC (Feb. 1996)
"Macintosh in the Law Office," MacWorld/Expo San Francisco 1996 (January 1996)
"Macintosh in the Law Office," MacWorld/Expo Boston 1985 (August 1995)
"Telecommunication: Regulation 10 Years After the AT&T Decree," DC Bar Continuing Legal Educ. Program (April 1992)
"Cable Television: The Race to Reregulate," Howard M. Squadron Program in Law & Media, Cardozo Law School (March 1990)
Instructor, ALI-ABA Course on Employee Benefits (January 1990) (with James L. Nolan)
Lecturer, The Annenberg Washington Program, Summer Faculty Workshop (June 1988)

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Education
Columbia University School of Law, J.D. 1981
  Notes and Comments Editor, Columbia Law Review
  Harlan Fiske Stone Scholar (1978-1981)
  International Fellow
Brandeis University, B.A. cum laude 1977
  Economics Major
  Varsity Swimming

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Admitted to Practice
Supreme Court of the United States
Supreme Court of California
Supreme Court of Virginia
District of Columbia Court of Appeals
U.S. Court of Appeals for the D.C. Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the Northern District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Eastern District of Virginia

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