Rakesh S. Patel, John T. Nakahata, and Alex Tate recently co-authored a Law360 article titled “3 Circuits Breathe Life Into Privacy Enforcement, For Now,” analyzing recent federal appellate decisions on the Federal Communications Commission’s (FCC) authority over customer location data and personally identifiable information. The article also includes contributions from Jason E. Neal.
The authors discuss the issues raised by recent appellate decisions — including the Second Circuit’s ruling in Verizon v. FCC, the Fifth Circuit’s decision in AT&T v. FCC, the D.C. Circuit’s decision in Sprint v. FCC, and the Sixth Circuit’s decision in Ohio Telecom Association v. FCC – and what carriers can expect as a result. Together, these cases highlight the unsettled state of the law on FCC privacy enforcement and increase the likelihood that the Supreme Court will weigh in.
Read the full article here (subscription required).
Rakesh is the former Deputy Chief of the FCC’s Enforcement Bureau, where he handled some of the agency’s most complex investigations. With over 25 years of public service experience, including over a decade of running FCC investigations, he counsels clients on privacy, cybersecurity, program fraud, Know Your Customer, robocalls and texts, and regulatory compliance.
John, Chair of HWG, is widely regarded as one of the leading telecom lawyers in the United States. Ranked by Chambers USA in its top band for telecom law, John provides strategic regulatory advice to large and small telecommunications, internet, hardware, software, terrestrial wireless companies and cable companies.
Alex focuses her practice on data privacy, security, and marketing.
Jason focuses his practice on telecommunications law and appellate litigation.