Glenn concentrates his complex litigation practice principally in the areas of antitrust, telecommunications and technology policy. Glenn has nearly three decades of significant experience in high-tech litigation, with an emphasis on the impact of convergence and legal uncertainty between legacy industries and the new economy.
Glenn's core competence is in antitrust law, in which he has practiced since working at the Justice Department's Antitrust Division in connection with the AT&T divestiture. Among other things, he authored the influential February 1999 white paper by the Software & Information Industry Association proposing a divestiture remedy in the United States v. Microsoft antitrust case, and served as counsel for the Project to Promote Competition and Innovation in the Digital Age (ProComp) and the Computer & Communications Industry Association in connection with the government's prosecution and appeals. He has also participated in virtually all of the most important regulatory, judicial and legislative proceedings affecting telecommunications and the Internet for the past 30 years. For instance, Glenn was one of a handful of lawyers selected by the United States Court of Appeals for the Eighth Circuit in St. Louis to present oral argument in Iowa Utilities Board v. FCC, the first federal appeal of the FCC's local competition rules implementing the Telecommunications Act of 1996, and represented Web pioneer Netscape in 1997 in the first antitrust case involving the Internet market.
Glenn’s technology policy work has involved an array of subjects. He has represented major software and Internet-centric companies in matters involving domain name competition, standards, cybersecurity, privacy, intellectual property, broadband access, universal service, Internet regulation and spam. Glenn has served as lead trial and appellate counsel in numerous high-profile cases arising out of regulation and competition in network effects markets and on the interface between intellectual property and competition law. These include a landmark 2004 appellate reversal of the FCC's media concentration rules, the largest reported jury verdict in Maryland in 2005, and the first federal litigation challenging the regulated status of VoIP technology.
Glenn's clients have over the years comprised a veritable who's who roster of the IT industry leadership, including MCI, Netscape, Oracle, Google, Excite@Home, RIAA, Tellme, Echelon, EMusic, Travelocity, Winstar, Siebel, Sling Media and others.
Admitted to practice in the District of Columbia, Virginia and California, Glenn is a 1981 graduate of Columbia Law School, where he was notes and comments editor of the Columbia Law Review, and a cum laude graduate of Brandeis University.
Supreme Court counsel for Consumer Federation of America in case challenging the so-called Red Lion doctrine — constitutional basis for licensing and economic regulation of television and radio broadcasting. Tribune Co. v. FCC et al., No. 11-691 (S. Ct. 2012).
Successful appellate reversal of judgment and attorneys’ fee award against client on communications regulatory issue of first impression. GCB Comms., Inc. v. U.S. South Comms., Inc., 634 F.3d 779, 53 Comm. Reg. (P&F) ¶ 176 (9th Cir. 2011).
Advised “sell-side” investment banks Goldman Sachs Group, UBS Securities, MorganStanley Research and arbitrageurs on IP and antitrust issues arising inconnection with Microsoft-Yahoo! takeover, Google-Yahoo search advertising joint venture, Broadcom v. Qualcomm patent infringement litigation, Oracle v. Google patent infringement litigation and United States v. Apple e-book antitrust prosecution (2008-12).
Prevailed on appeal in precedent-setting case concerning preemption of state statutes-of-limitation under cellular amendments to the Communications Act of 1934. Castro v. Collecto Inc. dba Collection Co. of Am., 634 F.3d 779, 52 Comm. Reg. (P&F) ¶ 698 (5th Cir. 2011).
Supreme Court counsel-of-record for national IT trade association as amicus in major IP case challenging scope of “business method” patents. Bilski v. Kappos, 130 S. Ct. 3218 (2010).
Defense counsel for national collection agency in successful dismissal of Fair Debt Collection Practices Act class action lawsuit on post-certification reconsideration. Castro v. Collecto Inc. dba Collection Co. of Am., 668 F. Supp. 2d 950 (W.D. Tex. 2009), aff’d, 643 F.2d 779 (5th Cir. 2011).
Represented premiere high-tech trade association in first appellate test of FCC's regulatory authority regarding Voice-over-Internet Protocol technology. Vonage Holdings Corp and CCIA v. FCC, 489 F.3d 1232 (D.C. Cir. 2007).
Lead litigation counsel in series of precedent-setting cases arising from interaction between legacy telecommunications access charges and new, IP-enabled technologies. Eg., Global NAPs, Inc. v. Verizon New Eng., Inc., 489 F.3d 13 (1st Cir. 2007); Verizon New York, Inc. v. Global NAPs, Inc., 463 F. Supp. 2d 330 (E.D.N.Y. 2006); S. New Eng. Tel. Co. v. Global NAPs, Inc., 482 F. Supp. 2d 2, 458 F. Supp. 2d 23 (D. Conn. 2006)
Lead litigation counsel in successful defense of pro se and consumer antitrust and fair trade class actions brought against largest provider of inmate communications services. E.g., Entzi v. Redmann, 485 F.3d 998 (8th Cir. 2007); Judd v. AT&T, Inc., et al., 136 Wn. App. 1022 (Wash. App. 2006); Ray v. Evercom Sys., 2006 U.S. Dist. LEXIS 61132 (D.S.C. 2006); Valdez v. New Mexico, 54 P.3d 71 (N.M. Sp. Ct. 2002); Daleure v. Kentucky, 119 F. Supp. 2d 683 (W.D. Ky. 2000).
Represented leading government IT security company in successful defense of copyright and trade secret misappropriations claims brought by principal competitor. SecureInfo Corp. v. Telos Corp., 387 F. Supp. 2d 593 (E.D. Va. 2006)
Lead litigation counsel in antitrust actions by now-defunct wireless broadband provider against defendant class of commercial real estate owners and trade association. Winstar Comms. LLC v. Equity Office Properties, Inc., 2006-1 Trade Cas. (CCH)¶ 75,154 (2d Cir. 2006)
Appellate counsel to Consumers Union and Consumer Federation of America in reversal of FCC's deregulation of newspaper-broadcast cross-ownership and related media concentration rules. Prometheus Radio Project v. FCC, 373 F.3d 372 (3d Cir. 2005)
Chief litigation counsel and strategic advisor to plaintiff in $130 million jury verdict on contract, securities and fraud claims against former equity partner. Final Analysis Comm Servs. v. General Dynamics Corp., No. 8:03-cv-307 (D. Md. 2005)
Appellate counsel to competitive software industry associations (ProComp, CCIA and SIIA) - along with former Judges Robert H. Bork and Kenneth Starr - in challenge to federal government's antitrust settlement with Microsoft Corp. Massachusetts v. Microsoft Corp., 373 F.3d 1199 (D.C. Cir. 2004)
Appellate counsel to lead complainant and intervenor in successful defense of FCC-imposed merger conditions and sanctions against Bell Company. SBC Comms., Inc. v. FCC, 373 F.3d 140 (D.C. Cir. 2004)
Trial and appellate counsel to class of competitive local exchange carriers in successful administrative and damages claims against dominant long-distance company for blocking of switched network traffic. AT&T Corp. v. FCC, 292 F.3d 808 (D.C. Cir. 2002)
Administrative and appellate counsel to competitive carriers in challenge to FCC's "reciprocal compensation" regulatory scheme. WorldCom, Inc. v. FCC, 288 F.3d 429 (D.C. Cir. 2002)
Pro bono appellate counsel to National Association of State Utility Consumer Advocates in successful challenge to FCC preemption of access charge and universal service regulation. Office of Pub. Util. Counsel v. FCC, 265 F.3d 313 (5th Cir. 2002)
Appellate counsel to Computer Professionals for Social Responsibility in amicus curiae opposition to enforcement of French judgment regarding search engine filtering. Yahoo!, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme, 169 F. Supp. 2d 1181 (N.D. Cal. 2001)
Principal lobbyist for the Computer & High-Tech Coalition (CHTC) and the DSL Access Telecommunications Alliance (DATA) on broadband and interoperability issues before both Congress and the FCC. (1995-2000)
Counsel to competitive Internet domain name registrar in antitrust litigation against the U.S. government and its top-level domain contractor. Name.Space, Inc. v. Network Solutions, Inc., 202 F.3d 573 (2d Cir. 2000)
Legislative and appellate counsel to Echelon Corp. in connection with implementation of FCC's rules for cable television set-top box compatibility. General Instrument Corp. v. FCC, 213 F.3d 724 (D.C. Cir. 2000)
Antitrust counsel to Netscape in successful defense of first antitrust case arising out of then sui generis "Internet advertising" market. GTE New Media Services, Inc. v. BellSouth Corp., et al., 21 F. Supp. 2d 27 (D.D.C. 1998), 199 F.3d 1343 (D.C. Cir. 2000)
Counsel to leading U.S. prepaid communications association in connection with promulgation and appeal of FCC's payphone compensation rules. International Telecard Ass'n v. FCC, 166 F.3d 387 (D.C. Cir.), cert. denied, 526 U.S. 1146 (1999)
Appellate counsel for Consumer Federation of America in first federal appeal interpreting the Telecommunications Act of 1996. 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).
Counsel to MCI in first federal trial court litigation regarding interconnection agreements under Section 252 of the 1996 Act. MCI Telecommunications Corp. v. Pacific Bell, 1998 US Dist. LEXIS 17556 (N.D. Cal. 1998).
Lead trial and appellate counsel to plaintiff challenging validity of so-called "filed rate doctrine" in aftermath of long-distance telephone deregulation.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).
Glenn has written and lectured frequently on telecommunications, antitrust and technology policy, appearing in The Wall Street Journal, The New York Times, USA Today, Forbes, BusinessWeek and the Huffington Post. His publications include articles on network neutrality, Internet antitrust, cybersecurity, spam, the convergence of the communications and computer industries, the AT&T divestiture and the role of the First Amendment in cable television.
Antitrust Enforcement At A Crossroads, in Inside the Minds: Recent Developments in Antitrust Law, Thomson Reuters (2013).
"Prudence Is The Right Answer To 'Search Neutrality' Claims," Law360, (December 2012).
Contributor, Telecom Antitrust Handbook, 2d ed., ABA Section of Antitrust Law (forthcoming).
"Off With Their Heads! The Fantasy Google Monopoly," Forbes (Feb. 2012).
"Patent Wars and Blackmail In Silicon Valley," Huffington Post (Aug. 2011).
"The Law of User Generated Content, Such As It Is," Lexology (Aug. 2011).
"No Need For Antitrust Prosecution of Google," National Law Journal (July 2011).
"AT&T And T-Mobile: Duopoly Deja Vu?," Law360.com (April 2011) (with William K. Keane).
"Why Net Neutrality Rules and Broadband ‘Third Way’ Reclassification Are Unnecessary and Unlawful," Icarus, ABA Antitrust Section, Computer & Internet Comm., (Fall 2010).
"In the Tech Industry, Small Isn't Beautiful Anymore," Op-Ed, San Jose Mercury News (October 2008).
"The Case Against Media Consolidation: Evidence on Concentration, Localism and Diversity," with M. Cooper, G. Kimmelman et al. (Free Press 2007).
"Is Competitor Collaboration Dead After Google-Yahoo?," Icarus, ABA Antitrust Section, Computer & Internet Comm. (November 2008).
"Partnering: One Size Does Not Fit All," Metropolitan Corporate Counsel (June 2006).
"Current Spam Law and Policy," 21 Computer & Internet Lawyer 1 (2004).
"Overview of Spam Law and Policy," in Complying With the CAN-SPAM Act and Other Critical Business Issues: Staying Out of Trouble (Practising Law Institute 2004).
"Cybersecurity," Homeland Security Law Handbook (ABS Govt. Consulting 2003).
"Addressing the Microsoft Challenge: Restoring Competition To the Software Industry," Software & Information Industry Ass'n (February 1999).
"Is God Dead?: Structural Remedies for the Microsoft Case," The Stranger, vol. 9, no. 34, May 17, 2000.
"Domain Names and Internet Governance," Computer Professionals for Social Responsibility Journal, vol. 16, no. 2 (1998).
"Telecommunications and Computers at a Crossroads," Connecticut Law Tribune, November 13, 1995.
"Learning to (Tele)communicate Together," Legal Times, Nov. 6, 1995.
"Government Plan to Secure the Information Superhighway," Counsel's Advisory, vol. 3, no. 5 (Washington Legal Foundation 1995).
"An Antitrust Paradox for the 1990s: Revisiting the Role of the First Amendment in Cable Television," 9 Cardozo Arts & Ent. L.J. 1 (1990).
"Self-Regulation," Association Issues (Jerald Jacobs, ed., 1989).
"Cable at the Crossroads," Broadcasting (June 6, 1988).
"Antitrust and Regulation in Cable Television: Federal Policy at War with Itself," 6 Cardozo Arts & Ent. L.J. (1987).
"Withering Away: The Demise of the 'AT&T Theory,'" Regulatory Reform, vol. 2, no. 1 (ABA Section of Antitrust Law 1987).
Contributor, Antitrust Law Developments (Second), First Supplement 1983-86 (ABA Section of Antitrust Law 1986).
"Postal Service Electronic Mail: Innovation or Predation?," 1 Telematics 16 (May 1984) (with Donald A. Kaplan).
"Garn St-Germain: A Harbinger of Change," 40 Wash. & Lee L. Rev. 1313 (1983) (with Stanley M. Gorinson).
"Federalism, Due Process & Minimum Contacts: World-Wide Volkswagen Corp. v. Woodson," 80 Colum. L. Rev. 1341 (1980).
"Section 1981: Discriminatory Purpose or Disproportionate Impact?" 80 Colum. L. Rev, 137 (1980).
Presentations and Speaking Engagements
Panelist, “Should the FTC Sue Google Over Search?,” TechFreedom, Washington, DC (Sept. 2012)
Panelist, “Roundtable Discussions: United States v. AT&T (2011)," ABA Antitrust Section, Washington, DC (Sept. 2011).
"Managing the Legal Risks in Social Media," PR News' Facebook Conference, San Francisco, August 9, 2011; Washington, DC, December 1, 2011.
"Don't Touch My Junk: Who Owns This Social Media Stuff Anyway?" 140 Characters Conference, New York City, June 15, 2011.
Panelist, "What's at Stake? What's the End Game," Symposium on Broadband Reclassification and Net Neutrality, ABA Antitrust Section, Communications & Digital Tech. Indus. Comm., Washington, D.C., December 2, 2010.
"Pushing Product Online: Blogs, Bugs and Behavioral Ads," BrightTalk Podcast, August 12, 2010.
Speaker, "Net Neutrality: What Is the Future After Comcast v. FCC?" West LegalEdcenter® webcast (May 2010).
Panelist, "Debating the Google-AdMob Acquisition," Arts+Labs Capitol Hill Briefing, Washington (April 2010).
Lead Speaker, "Where (What) is the Law of Social Media?" SociaLex Social Media Legal Conference, Washington, D.C., March 2, 2010.
"Progress and Pitfalls of Intellectual Property Protection of Video Games In China," Shift Worldwide V-Panel (February 2010).
Moderator, "Public Policy & Law," 140 Characters Conference, Los Angeles, October 27, 2009.
Speaker, SPARKt Spring 2009 Conference, Chicago, Illinois, April 29, 2009.
"Will Law and Policy Kill the Social Media Revolution Before It Starts?," Social Communications Summit 09, New York (February 2009).
"Partnership Case Study: Analyzing Concerns Raised by Internet Search Market Alliances," American Conference Institute's Summit on Technology Antitrust Law, San Francisco, California, January 26, 2009.
Moderator, "Competition Policy: Seismic Eruptions and Disruptions in an Internet-Enabled World," VON.x Spring 2008 Conference & Expo (March 2008).
"Why E-discovery and Corporate Security Do Mix," Association of Corporate Counsel, eCommerce/Privacy Committee, Palo Alto (March 2008) (with Joseph M. Burton).
"The Antitrust/IP Interface: Lessons from Rambus, Qualcomm and Beyond," Duane Morris CLE Series, Philadelphia (February 2008).
"Privacy & Information Security," Kelley Drye CLE Series (March 2006).
"The New EU Enforcement Landscape," Strafford Publications (Feb. 2006).
"Patent Reform," Tysons Corner Breakfast Seminars (Nov. 2005).
"Antitrust Issues In Licensing," Practising Law Institute (June 2005).
Chair, "Complying With the CAN-SPAM Act and Other Critical Business Issues: Staying Out of Trouble," Practising Law Institute (March 2004).
"Lessons from the Microsoft Settlement," New York Society of Security Analysts (May 2004).
"Telecom Antitrust After Trinko: Waterloo or D-Day?," National Association of Regulatory Utility Commissioners (March 2004).
"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 (September 2000).
"State & Federal Regulation: Everything You Need to Know?," International Telecard Association Convention, Naples (September 2000).
"Convergence Mergers: Where's the Relevant Market?," PLI Telecom M&A Seminar, San Francisco (August 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, Washington 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 (November 1999).
"The Six Ws of Convergence," NCF-InfoVision '99, Chicago (October 1999).
Chair, "Wireless E9-1-1 Compliance," WRG Countdown to 2001, Washington (September 1999).
"FCC v. DOJ Merger Enforcement," PLI Telecom M&A Seminar, San Francisco (August 1999).
"Network Assess: Doctrinal Conflict or Creative Tension?," ABA Antitrust Section, Annual Meeting, Atlanta (August 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 (January 1999).
"Business Structure of the Internet," United States Telephone Association NSAC Conference (December 1998).
"Convergence And Its Consequences," CPSR One Planet, One Net, Boston (October 1998).
"Next Generation E911 -- Compliance With FCC Phase II Standards," AiC Worldwide E911 Miami (September 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. (February 1998).
"The Regulation Game," International Telecard Foundation Regulatory Update (January 1998).
"The Top 10 Mac Lawyer Tips For 1998," MacWorld/Expo San Francisco 1998 (January 1998).
"Domain Names and Internet Governance," CPSR Annual Meeting (October 1997).
"From Hush-A-Phone to Iowa Utilities: What a Long, Strange Trip It's Been," 9th Annual Seattle Telecom Conference (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 (February 1997).
"The Cycles of Antitrust in the Telecom Industry," NTCA Legal Seminar, New Orleans (February 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 (December 1996).
"Broadband Wireless Internet Connectivity," The First 100 Feet, Harvard University Information Infrastructure Project (October 1996).
"Regulation of Computer Telephony Integration," Clemson University CTI Conference (October 1996).
"Payphone Compensation: Threat or Opportunity?," TeleCard World/Expo New York (September 1996).
"Internet Telephony: Regulatory Issues In a Converging Market," The Talking Net Conference (September 1996).
"Legal Regulations: Facing the Consequences," TeleCard World '96 Atlanta (April 1996).
"Everything You Wanted to Know About Tariffs," TeleCard World Expo Washington, D.C. (February 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," D.C. Bar Continuing Legal Education 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).