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Mark Del Bianco

Counsel

703-714-1300 (telephone)
703-714-1330 (fax)

mark@markdelbianco.com
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Through the independent law firm, Law Office of Mark C. Del Bianco, Mark serves as a contract attorney on specific engagements with The CommLaw Group.

Mark counsels clients in a variety of transactional, regulatory and litigation matters.  Mr. Del Bianco’s clients have included domestic and international long distance carriers, metropolitan area fiber networks, broadband service providers, providers of innovative Internet Protocol (IP)-enabled services, (ncluding Voice over Internet Protocol (VoIP) and other advanced services), satellite service providers, cloud services providers, resellers, channel partners, and other communications and technology companies.

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Representative Experience

Transactional Experience: Mr. Del Bianco regularly drafts and negotiates wholesale and retail commercial agreements, including customer, vendor, service and sales contracts for telecommunications and cloud services, and interconnection and other inter-carrier agreements.  Mr. Del Bianco has also advised a wide variety of clients with regard to mergers and acquisitions and transfers of control, and transactions in bankruptcy.

Litigation: Mr. Del Bianco also regularly represents clients in cases in the federal and state. He has also represented clients in FCC PUC enforcement actions and formal FCC complaint proceedings.  His experience in federal civil litigation has included telecom, First Amendment, antitrust, and copyright infringement matters.  He has also provided advice and representation to telecom clients in domestic and international arbitrations and in state public utility commission arbitrations.

Among the recent litigation matters on which he has worked for clients are:

  • The successful representation of No-IP after the ex parte seizure of numerous of its domains by Microsoft Corp. See “Microsoft Drops Case that Severed DNS Hosting for Millions of Users” and “How Microsoft Appointed Itself Sheriff of the Internet”
  • Three cases invalidating state laws limiting the use of caller ID spoofing technology, including a decision of the U.S. Court of Appeals for the Fifth Circuit. 
  • Two American Arbitration Association arbitrations and a state court trial involving commission disputes between international carriers and sales agent clients.
  • An injunctive relief proceeding in state court preventing a telecommunications carrier from violating its agreement with an enterprise client and cutting off the client’s nationwide DID service.

Privacy and Data Security: Mr. Del Bianco holds the Certified Information Privacy Professional/US designation from the International Association of Privacy Professionals, and regularly advises clients on data privacy and security issues arising from the growth of the Internet and the move to the cloud. His recent projects in the privacy area have ranged from drafting client-specific website privacy policies to advising on data security obligations and coordinating a client’s response to a data breach involving customers in 22 states.

Public Domestic and International Regulatory Policy: Mr. Del Bianco has assisted clients in formulating and implementing regulatory and legislative policy to respond to the continually evolving regulatory framework for competition in telecommunications and Internet services. Mr. Del Bianco has prepared numerous comments and other policy filings in proceedings before the FCC, particularly in proceedings involving incumbent mergers and the development of net neutrality principles. He has also advised a number of foreign governments and telecom regulatory agencies on drafting and implementing new laws and regulations covering telecommunications and the Internet.  In the spring semesters from 2006 to 2011, he taught an annual seminar on International Telecommunications Regulation at Catholic University Law School in Washington, D.C.

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Publications

Co-editor, Telecom Antitrust Handbook, 2d ed., ABA Section of Antitrust Law (2013)

Contributing author, Electronic Commerce: Antitrust and Consumer Protection in the Information Age, ABA Section of Antitrust Law, Monograph 26 (2011)

“Net Neutrality: Not Just a U.S. Debate Anymore,” Financier Worldwide, November 2009 at 34.

“Voices Past: The Present and Future of VoIP Regulation,” 14 CommLawConspectus 365 (2006) (available at http://commlaw.cua.edu/articles/v14/Del_Bianco.pdf)

Contributing author, Telecom Antitrust Handbook, ABA Section of Antitrust Law, 1st ed. (2005)

The Law of Telecom: Identifying and Resolving Telecom Issues in Acquisitions and Transactions,” The Pennsylvania Lawyer, September/October 2005, at 30 (with J. Daniel Hull)

“The Next  Broadband Battleground,” CNET News (March 23, 2006) available at http://news.cnet.com/The-next-broadband-battleground/2010-1034_3-6052980.html?tag=lia;rcol

“Bumps in the road for AT&T-BellSouth merger?,” CNET News (April 4, 2006) available at http://news.cnet.com/Bumps-in-the-road-for-AT38T-BellSouth-merger/2010-1037_3-6057214.html

“Antitrust Issues Raised by Product Bundling in Communications Markets,” THE ANTITRUST SOURCE 1 (July 2004); http://www.abanet.org/antitrust/at-source/04/07/Jul04-DelBianco7=23.pdf

“Meet the New Boss, Same as the Old Boss: Emerging Antitrust Issues in the Second Wave of B2B E-Commerce,”  ABA Antitrust Section Internet Committee Newsletter, Summer 2000

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Education

Mr. Del Bianco is a Phi Beta Kappa graduate of the University of Maryland and the Yale law School.

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Admissions

Mr. Del Bianco is admitted to practice in the State of Maryland and the District of Columbia. He is also a member of the bars of the United States District Courts for those jurisdictions, the United States Court of International Trade, and the United States Courts of Appeals for the Fifth, Federal and D.C. Circuits.

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Speaking Engagements

“Seizing the Soul of the Smart Phone: Innovation, Control and Openness on Broadband Wireless Networks,” Symposium on Law of the Smart Phone, Whittier Law School, (November 2011) (http://www.law.whittier.edu/index/student-organizations/whittier-law-review/2011-symposium/ )

“Living in Michael Powell’s Future,” Freedom to Connect Conference, Silver Spring, MD (April 2006)

“Product Bundling in Communications Markets,” THE ANTITRUST SOURCE 1 (November 2004) http://www.americanbar.org/content/dam/aba/publishing/antitrust_source/Nov04_BundlingBB1129.authcheckdam.pdf

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