Member, Eckert Seamans Cherin & Mellott, LLC
Earl Comstock has more than two decades of direct experience with the question of the proper regulatory treatment of broadband Internet access services. He was one of the principal Senate staff responsible for the negotiation and drafting of the Telecommunications Act of 1996 (Pub. L. 104 – 104). During the four years of Congressional debate that led up to the Telecommunications Act, Mr. Comstock served as chief counsel for Senator Ted Stevens (R – AK) and as special counsel for telecommunications on the Senate Committee on Commerce, Science, and Transportation.
In addition to the Telecommunications Act, Mr. Comstock also participated in the negotiation and drafting of the Cable Television Consumer Protection and Competition Act of 1992 (Pub. L. 102 – 385); the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103 – 66) which created spectrum auctions and commercial mobile services; the Balanced Budget Act of 1997 (Pub. L. 105 – 33) which established the high definition television transition; the Internet Tax Freedom Act (Pub. L. 105 – 277, Division C, Title XI); and the ORBIT Act (Pub. L. 106 – 180), which privatized INTELSAT.
Since leaving Capitol Hill at the end of 1997 Mr. Comstock has been an attorney in private practice and a consultant on telecommunications and Internet policy. He was also President and CEO of COMPTEL, an industry trade organization representing competitive telecommunications and Internet companies, from 2005 to 2007.
With respect to the regulatory treatment of broadband Internet access services, Mr. Comstock testified before the Federal Communications Commission (FCC) during the agency deliberations that led to the Stevens Report; represented EarthLink in the proceedings that led to the Cable Modem Declaratory Ruling and during the legal challenges of that ruling in the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court (National Cable & Telecommunications Assoc. v. Brand X Internet Services, 545 U.S. 967 (2005)); and presently represents Full Service Network and TruConnect in the pending challenge of the FCC’s Open Internet Order in the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 15-1151, which has been consolidated with other challenges under Case No. 15-1063).
Mr. Comstock has recently left the law firm of Eckert Seamans Cherin & Mellott to become general counsel for a start-up company.
Partner, Wilkinson Barker Knauer LLP
Kelly Donohue has worked on media and broadcast matters for over a decade, with a particular emphasis on broadcast law. She routinely files pleadings on behalf of clients in application and rulemaking proceedings, and handles matters relating to new station licensing, renewals, changes in communities of license, ownership and attribution, assignments and transfers, facility changes, EEO compliance, sponsorship identification and contest rules. Prior to joining the firm, Ms. Donohue spent seven years at the Federal Communications Commission, where she served as an Assistant Division Chief in the Audio Division of the FCC’s Media Bureau and as Special Counsel in the Enforcement Bureau, Office of the Bureau Chief.
Ms. Donohue also manages a growing trademark practice, counseling clients on the selection and clearance of trademarks, and preparing, filing and prosecuting federal trademark and service mark applications. She also negotiates trademark licensing, settlement and consent agreements. Ms. Donohue is well-versed in other intellectual property matters as well, and has counseled clients on issues relating to music licensing, fair use principles under copyright law, and DMCA takedown provisions.
More recently, Ms. Donohue has discovered her passion for working with start-ups and tech companies, ranging from app developers to creators of connected devices (i.e. Internet of Things). It is in this space that Ms. Donohue brings together her broad legal experience, creative "can do" thinking and strong communications skills to find innovative, cost-effective solutions to the legal hurdles new companies often face. She has provided both formal and informal guidance to dozens of companies on issues relating to intellectual property, privacy, regulatory compliance, and corporate structure/governance.
Ms. Donohue herself has an entrepreneurial spirit. She began her career as a professional musician and continues to write music and perform regularly with her “kindie” rock band, Here Comes Trouble. She has won numerous awards for her songwriting and vocal arrangements, including placements in the Mid-Atlantic Songwriting Contest and International Songwriting Competition.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
Member, Eckert Seamans Cherin & Mellott, LLC
Earl Comstock has more than two decades of direct experience with the question of the proper regulatory treatment of broadband Internet access services. He was one of the principal Senate staff responsible for the negotiation and drafting of the Telecommunications Act of 1996 (Pub. L. 104 – 104). During the four years of Congressional debate that led up to the Telecommunications Act, Mr. Comstock served as chief counsel for Senator Ted Stevens (R – AK) and as special counsel for telecommunications on the Senate Committee on Commerce, Science, and Transportation.
In addition to the Telecommunications Act, Mr. Comstock also participated in the negotiation and drafting of the Cable Television Consumer Protection and Competition Act of 1992 (Pub. L. 102 – 385); the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103 – 66) which created spectrum auctions and commercial mobile services; the Balanced Budget Act of 1997 (Pub. L. 105 – 33) which established the high definition television transition; the Internet Tax Freedom Act (Pub. L. 105 – 277, Division C, Title XI); and the ORBIT Act (Pub. L. 106 – 180), which privatized INTELSAT.
Since leaving Capitol Hill at the end of 1997 Mr. Comstock has been an attorney in private practice and a consultant on telecommunications and Internet policy. He was also President and CEO of COMPTEL, an industry trade organization representing competitive telecommunications and Internet companies, from 2005 to 2007.
With respect to the regulatory treatment of broadband Internet access services, Mr. Comstock testified before the Federal Communications Commission (FCC) during the agency deliberations that led to the Stevens Report; represented EarthLink in the proceedings that led to the Cable Modem Declaratory Ruling and during the legal challenges of that ruling in the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court (National Cable & Telecommunications Assoc. v. Brand X Internet Services, 545 U.S. 967 (2005)); and presently represents Full Service Network and TruConnect in the pending challenge of the FCC’s Open Internet Order in the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 15-1151, which has been consolidated with other challenges under Case No. 15-1063).
Mr. Comstock has recently left the law firm of Eckert Seamans Cherin & Mellott to become general counsel for a start-up company.
Partner, Wilkinson Barker Knauer LLP
Kelly Donohue has worked on media and broadcast matters for over a decade, with a particular emphasis on broadcast law. She routinely files pleadings on behalf of clients in application and rulemaking proceedings, and handles matters relating to new station licensing, renewals, changes in communities of license, ownership and attribution, assignments and transfers, facility changes, EEO compliance, sponsorship identification and contest rules. Prior to joining the firm, Ms. Donohue spent seven years at the Federal Communications Commission, where she served as an Assistant Division Chief in the Audio Division of the FCC’s Media Bureau and as Special Counsel in the Enforcement Bureau, Office of the Bureau Chief.
Ms. Donohue also manages a growing trademark practice, counseling clients on the selection and clearance of trademarks, and preparing, filing and prosecuting federal trademark and service mark applications. She also negotiates trademark licensing, settlement and consent agreements. Ms. Donohue is well-versed in other intellectual property matters as well, and has counseled clients on issues relating to music licensing, fair use principles under copyright law, and DMCA takedown provisions.
More recently, Ms. Donohue has discovered her passion for working with start-ups and tech companies, ranging from app developers to creators of connected devices (i.e. Internet of Things). It is in this space that Ms. Donohue brings together her broad legal experience, creative "can do" thinking and strong communications skills to find innovative, cost-effective solutions to the legal hurdles new companies often face. She has provided both formal and informal guidance to dozens of companies on issues relating to intellectual property, privacy, regulatory compliance, and corporate structure/governance.
Ms. Donohue herself has an entrepreneurial spirit. She began her career as a professional musician and continues to write music and perform regularly with her “kindie” rock band, Here Comes Trouble. She has won numerous awards for her songwriting and vocal arrangements, including placements in the Mid-Atlantic Songwriting Contest and International Songwriting Competition.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Sentelle was appointed United States Circuit Judge in October 1987, served as Chief Judge from February 11, 2008 until February 11, 2013, and took senior status on February 12, 2013. He is a 1968 graduate of the University of North Carolina Law School. Following law school, he practiced with the firm of Uzzell & DuMont until he became an Assistant U.S. Attorney in Charlotte, N.C. in 1970. From 1974 to 1977, he served as a North Carolina State District Judge but left the bench in 1977 to become a partner with the firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985, Judge Sentelle joined the U.S. District Court, Western District of North Carolina, in Asheville, where he served until his appointment to the D.C. Circuit. Judge Sentelle was the Presiding Judge of the Special Division for the Purpose of Appointing Independent Counsels (1992-2006). He also served as the Chair of the U.S. Judicial Conference's Executive Committee (2010-2013). Judge Sentelle served for over 20 years as President of the Edward Bennett Williams Inn of the American Inns of Court.
Telecommunications: Broadband Re-regulation: The Battle Returns to the Courts
Earl W. Comstock, Kelly A. Donohue, Miguel A. Estrada, Roslyn Layton, Robert Quinn, David B. Sentelle
2015 National Lawyers Convention
Panelists will examine the impact of the FCC's Open Internet Order and reclassification of broadband...
Telecommunications: Broadband Re-regulation: The Battle Returns to the Courts
Earl W. Comstock, Kelly A. Donohue, Miguel A. Estrada, Roslyn Layton, Robert Quinn, David B. Sentelle
2015 National Lawyers Convention
Panelists will examine the impact of the FCC's Open Internet Order and reclassification of broadband...