White Paper

3 Pages
  • 3 Pages

Supreme Court Declines to Define Scope of Deference Courts Should Apply to FCC TCPA Orders

 

How does this affect the understanding of the TCPA?

In a recent court case, the Supreme Court declined to make a determination on the degree of deference that courts must afford the Federal Communications Commission. The court found that the answer could be contingent on the verdict of two other issues that were pending decision by the lower courts. This white paper reviews how this declination allows for questioning if the courts are bound by the FCC’s interpretation of the TCPA.

Agenda

Faculty

Molly K. McGinley

K&L Gates LLP

Molly K. McGinley is a partner at K&L Gates. She concentrates her practice in commercial litigation with a focus on complex litigation, including investment company litigation, securities litigation and consumer class action defense. Ms. McGinley is a member of the firm’s Securities and Transactional Litigation Practice and Class Action Litigation Defense Groups. Ms. McGinley has litigated in numerous state and federal jurisdictions, representing a broad range of clients, including small companies, Fortune 500 Companies and investment advisers. She has handled various commercial disputes, including contract and business tort litigation and internal investigations.

Nicole C. Mueller

K&L Gates LLP

Nicole C. Mueller is an associate at K&L Gates. Ms. Mueller’s practice is focused in litigation under the federal and state securities laws and litigation arising out of mergers and acquisitions, other transactions and corporate governance matters. Her experience includes representing investment advisers, corporate officers and directors, and independent trustees in derivative lawsuits, investigations, and actions brought pursuant to Section 36(b) of the Investment Company Act of 1940. Ms. Mueller also practices in the areas of complex commercial litigation and arbitration, regulatory disputes, and employment law.

Joseph C. Wylie II

K&L Gates LLP

Joseph C. Wylie II is a partner at K&L Gates. Mr. Wylie’s practice focuses on complex class-action defense and complex commercial litigation with a particular emphasis on consumer and securities matters. He represents clients in defending against a wide range of individual and class-action consumer claims, including consumer fraud actions and claims brought under the Telephone Consumer Protection Act. He also represents investment advisers and mutual fund families in connection with government investigations and investor claims, including claims made under the Investment Company Act. Mr. Wylie also represents clients in business tort litigation, including lawsuits concerning enforcement of noncompetition and nonsolicitation agreements, misappropriation of trade secrets, and breaches of commercial and employment contracts. Mr. Wylie represents clients involved in disputes concerning the management and control of limited partnerships, limited liability companies, and closely-held businesses, including lawsuits concerning alleged breaches of fiduciary duties.

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