Abraham J. Shanedling

Abram Shanedling is a senior associate in the Business Trial Practice Group in the firm's Washington, D.C. office and a member of the firm’s Communications Team.

Areas of Practice

Abram is a seasoned commercial litigator specializing in the communications sector, focusing his practice on assisting cable operators, broadband providers, and technology companies navigate the complex landscape of litigation, government regulations, and competitive network deployment. With a deep understanding of the intricacies involved in communications law, Abram has become a trusted advisor for clients dealing with local franchising, access to rights-of-way, PEG programming, pole attachments, infrastructure deployment, and a broad spectrum of other issues critical to the communications industry.

Abram’s general litigation practice includes representing clients in state and federal trial and appellate courts across the country, as well as before administrative agencies such as the Federal Communications Commission (FCC) and state public utility commissions. Abram handles various business disputes and high-stakes litigation involving contractual disputes, fraud, statutory and constitutional issues, environmental concerns, intellectual property, false advertising, privacy, and administrative law challenges.

In addition to his practice, Abram is actively involved in the firm, currently serving on Sheppard Mullin’s Pro Bono Committee, Recruiting Committee, and Associates’ Forum. Abram is dedicated to pro bono representation and public interest litigation in Washington, D.C. and across the country. Abram has represented several clients in immigration and asylum matters, successfully aided a federal inmate in securing compassionate release, and is currently representing a not-for-profit organization in environmental litigation arising under the Clean Water Act concerning the Bristol Bay region of Southwest Alaska.

Outside of the firm, Abram is a Co-Chair of the State & Local Practice Committee of the Federal Communications Bar Association and an Associate Trustee of the Washington Lawyers' Committee for Civil Rights and Urban Affairs.

Abram previously served as a law clerk for the U.S. Senate Committee on the Judiciary and as a legal intern in the Office of the Chief Counsel of the U.S. Department of Homeland Security.

Experience

Generally

• Represents national cable operator in litigation in federal and state court regarding franchise fees, access to rights-of-way, and pole attachments.
• Has represented a broad coalition of cable providers in pole attachment rulemaking proceedings before state public utilities commissions, including in Connecticut, Georgia, Louisiana, Maine, South Carolina, and Texas.
• Represents clients from across the country and in different industries in commercial litigation matters.
• Advises clients on compliance with telecommunications laws and regulations.

Representative Matters

• Won a trial victory in the Middle District of Florida on behalf of provider of online learning programs (Stride, Inc.), defeating all of the trademark infringement, false advertising, breach of contract, and unfair competition claims (for multi-billion dollars) of Stride’s public agency competitor following three years of litigation. Fla. Virtual School v. K12, Inc., No. 6:20-CV-2354-GAP-EJK, 2024 WL 22039 (M.D. Fla. Jan. 2, 2024)
• Secured trial victory for national cable operator in case involving contract, constitutional, and statutory issues over the cable operator’s obligations to pay royalty fees under municipally-issued permits that expired when the state of Texas took over issuance of cable franchises. The ruling relieved the client of the obligation to pay millions of dollars for expired, city-issued permits. Charter Commc'ns, Inc. v. Prewitt Mgmt., Inc., No. 1:16-CV-1268-LY, 2023 WL 3859027 (W.D. Tex. Apr. 28, 2023)

• Successfully represented national cable operator before South Carolina Public Service Commission in dispute concerning access for broadband infrastructure and terms and conditions for pole attachments on utility poles. Spectrum Southeast, LLC v. York Elec. Coop., No. 2022-188-EC, 2023 WL 2755207 & 2022 WL 18024803 (S.C. Pub. Serv. Comm’n Mar. 27, 2023 & Dec. 22, 2022)

• Resolved cases brought by Texas cities over interpretation of key provisions of Texas’s Public Utility Regulatory Act governing calculation of franchise fees, after obtaining favorable summary judgment on client’s behalf. City of San Antonio v. Time Warner Cable, Texas, LLC, 552 F. Supp. 3d 402 (W.D. Tex. 2021); City of Allen et. al., v. Time Warner Cable Texas LLC, No. 6:19-cv-345-ADA-JCM (W.D. Tex.)
• Successfully represented national cable operator at Seventh Circuit Court of Appeals and Southern District of Indiana in case affirming that Section 621 of the federal Cable Act authorizes cable operators’ compatible use of easements dedicated to utility purposes. West v. Louisville Gas & Elec. Co. et al, No. 4:16-cv-00145RLYTAB, 2018 WL 321686 (S.D. Ind. Jan. 8, 2018), appeal dismissed, 920 F.3d 499 (7th Cir. 2019), and aff'd sub nom.951 F.3d 827 (7th Cir. 2020)
• Obtained dismissal of breach contract and various tort claims against technology services client in North Carolina federal court. Saad v. Slivinski et al., No. 1:20-v-20 (M.D.N.C. 2020)
• Represented national cable operator in obtaining unanimous victory before the Texas Supreme Court regarding uniform pole attachment rate and anti-discrimination requirements in the Texas Public Utility Regulatory Act. Time Warner Cable Texas LLC v. CPS Energy, 593 S.W.3d 291 (Tex. 2019).
• Secured dismissal of all claims brought against government defense/robotics contractor for defamation, tortious interference with contractual relationships, civil conspiracy and unfair competition. Robo-Team NA, Inc. v. Endeavor Robotics, 313 F. Supp. 3d 19 (D.D.C. 2018).
• Successfully represented the Louisiana Cable & Telecommunications Association in negotiating a favorable settlement of claims brought by electric utility company before the Louisiana Public Service Commission regarding pole attachment rental rates. In re: Complaint and Petition for Declaratory Ruling on Proper Formula for the Pole Attachment Rental Rate Under Louisiana Public Service Commission Order Dated September 4, 2014, Docket No. U-34688 (La. Pub. Serv. Comm’n filed 2017)
• Represented national cable operator in defeating a request for a temporary restraining order and a motion to remand, and securing voluntary dismissal of breach of contract action brought by landowner in U.S. District Court for the Northern District of Texas. See Smalley v. Charter Commc’ns Holding Co., LLC, 2017 WL 7520467 (N.D. Tex. Apr. 10, 2017); 2017 WL 2335518 (N.D. Tex. May 26, 2017).

Pro Bono

• Obtained a landmark appellate victory for not-for-profit organization at Ninth Circuit Court of Appeals for not-for-profit organization on issue of first impression under the Clean Water Act and Administrative Procedure Act. Trout Unlimited v. Pirzadeh, 1 F.4th 738 (9th Cir. 2021).
• Has successfully represented several clients seeking asylum in U.S. Immigration Court.
• Represented federal inmate suffering severe sickle cell anemia in obtaining early compassionate release under federal First Step Act.

Honors

• Gardner Gillespie Environmental Pro Bono Award, 2024
• Ones to Watch — Litigation, Best Lawyers, 2021-2025
• Recommended Attorney - Telecoms and Broadcast: Regulatory, Legal 500 US, 2019-2022, 2024
• Burton Distinguished Legal Writing Award, 2015
• Washington, D.C. Rising Star, Super Lawyers, 2020-2024

Articles

• “Removing Weapons of Mass Destruction From the World’s Most Volatile Region: How to Achieve a WMD-Free Zone in the Middle East,” 46 Georgetown Journal of International Law 315, 2014

Class Action Defense Strategy Blog Posts

• "Second Circuit Affirms “Snap” Removal Practice," March 29, 2019

FCC Law Blog Posts

• "FCC Proposes New Rules Governing AI-Generated Robocalls," September 10, 2024

• "UPDATE: FCC’s New Pole Attachment Rules are Now Effective," July 29, 2024

• "With Net Neutrality Order, FCC Grants Broadband-Only ISPs New Pole Attachment Protections," May 6, 2024
• "Battling the Robocall Onslaught: The FCC’s Strategic Measures Against AI-Driven Scams," February 12, 2024
• "FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion," December 18, 2023

• "FCC To Vote on New Pole Attachments Rules to Promote Broadband Expansion," December 4, 2023

• "FCC Launches Inquiry into the Risks of AI on Unwanted Robocalls and Texts," November 2, 2023

• "White House Announces $42.5 Billion in Broadband Funding Allocations," June 27, 2023
• "Florida Enacts Pole Attachment Regulations for Electric Cooperatives," June 5, 2023

• "FCC Assures State Lawmakers of Commitment to Pole Attachment Rules Promoting Broadband Deployment and Competition," May 25, 2023

• "Sunshine State Becomes 24th to Certify Regulation of Pole Attachments," June 14, 2022
• "The FCC’s Latest Pole Attachment Ruling: “Just Another Brick In The Wall” for Electric Utilities, or “Satisfaction” for ILECS?," September 30, 2021
• "Sixth Circuit Affirms FCC Rule That Most In Kind Contributions Are Franchise Fees," June 2, 2021
• "Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders," August 18, 2020
• "FCC Seeks “Large Step” Toward Advancing Broadband Infrastructure Goals With Draft One-Touch Make-Ready Order," July 16, 2017 

Media Mentions

Speaking Engagements

• Speaker, "Billions for Broadband: An Update on the BEAD Grant Process and What’s Next for State Broadband Offices in 2024," FCBA, February 6, 2024

Events

Memberships

• Co-Chair, State & Local Practice Committee, Federal Communications Bar Association
• Associate Trustee, Washington Lawyers' Committee for Civil Rights and Urban Affairs
• Member, American Bar Association
• Member, Federal Communications Bar Association
• Member, Bar Association of the District of Columbia

Digital Media