Glenn Manishin concentrates his complex litigation practice principally in the areas of antitrust, intellectual property, 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, including enforcement agency Hart-Scott-Rodino Act (HSR) clearance of M&A transactions in evolving markets.
Glenn's core competence is in antitrust law, in which he has practiced since serving as a trial attorney with 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 (CCIA) 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. He also serves as Senior Legal Analyst for the popular Disruptive Competition Project blog of his client CCIA.
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, shopkick, Zynga and others.
Trial counsel to leading commercial bank on cutting-edge antitrust counterclaim involving allegations of monopolization and patent misuse against the largest U.S. “patent troll” entity.
Secured early HSR waiting period termination from DOJ and FTC, without a “second request,” in more than $1B worth of M&A deals involving cable television set-top boxes, automobile fleet transportation, hospital-physician practice acquisitions and other markets. Counseled scores of firm clients on antitrust exposure and “gun jumping” in connection with non-reportable HSR transactions. Coordinated international merger clearances in Russia, China, Canada, Brazil, Mexico and other countries.
Antitrust and regulatory attorney for Sports Fans Coalition, Inc. in challenge to a proposed merger of Comcast and Time Warner Cable. Applications of Comcast Corp. and Time Warner Cable, Inc., MB Docket No. 14-57 (FCC 2014).
Outside counsel for CCIA in connection with Justice Department review of the ASCAP and BMI music licensing antitrust consent decrees. United States v. ASCAP, 41 Civ. 1395 (S.D.N.Y.).
Appellate and Supreme Court counsel for Consumer Federation of America in successful defense of challenge to the Red Lion doctrine — constitutional basis for licensing and economic regulation of television and radio broadcasting. Tribune Co. v. FCC, 652 F.3d 431 (3d Cir. 2011), cert. denied, 133 S. Ct. 64 (2012).
Washington, D.C. counsel to leading U.S. provider of encrypted enterprise email on privacy, IT security and health information processing regulation.
Outside general counsel to international streaming television start-up, mobile advertising content venture and for San Francisco-based Health Technology Forum, an online-centric forum for innovation, networking and funding of healthcare IT companies.
Advised “sell-side” investment banks Goldman Sachs Group, UBS Securities, MorganStanley Research and arbitrageurs on IP and antitrust issues arising in connection 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).
Conducted U.S. litigation and Bermuda-based international arbitration for now-defunct satellite company arising out of joint venture with Asian satellite operator. Kiskadee Comms. (Bermuda), Ltd. v. Father, 2011 WL 1044241 (N.D. Cal. 2011).
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).
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. E.g., 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 attorney 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 major government IT security company in successful defense of copyright and trade secret misappropriation 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 attorney 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 attorney for 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 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. Recent publications include:
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).