Paul A. Werner

Paul Werner is a senior partner in the Business Trial Practice Group of which he served as the Practice Group Leader for many years. He currently serves on the Firm’s Executive Committee and previously served for years on its Compensation Committee. Paul works in our Washington, DC, and New York, NY offices.

Areas of Practice

Paul is a seasoned first-chair trial and appellate litigator with a national practice and deep experience helping clients successfully navigate crises and complex federal and state civil and criminal investigations and disputes. Over the years, Paul’s representations have included world leaders, foreign sovereigns and governmental entities, Fortune 100 and 500 companies, luxury vehicle and supercar manufacturers, leading technology, video game, digital solutions, and social media firms, communications providers, private equity houses and portfolio companies, healthcare systems and providers, pharmaceutical companies, biotech firms, clinical laboratories, educational institutions, political commentators, and professional athletes.

Paul’s prodigious representations have been before diverse decision-making authorities, including all levels of courts, arbitral and administrative tribunals, and government agencies and enforcement authorities, and spanned a wide range of complex, mass, and multi-district litigations (MDL), regulatory and enforcement proceedings, and investigations. These matters have run the gamut from “bet-the-company” commercial disputes, sprawling, existential criminal investigations, to multi-faceted and novel controversies involving federal and state statutory, constitutional, communications, energy, environmental, insurance, intellectual property, fiduciary duty, false advertising, defamation, unfair competition, trade secret, contract, copyright, privacy and data security, Committee of Foreign Investment in the United States, and administrative law issues.

Paul defends diverse public and private companies against putative class actions and MDLs, particularly those alleging claims of unfair competition, common law torts, state consumer protection statutes, products liability, and Telephone Consumer Protection Act (TCPA) violations. He has represented major automobile manufacturers against putative class actions alleging design defects and other consumer protection claims. For example, Paul successfully represented a luxury automobile manufacturer in class actions consolidated in a federal MDL as well as related state lawsuits. He also successfully represented a named defendant in a series of putative class actions consolidated in an MDL seeking billions in damages in connection with the promotion, sale, and distribution of opioid medications. And Paul successfully represented a communications provider association in defeating certification of a putative landowner class seeking damages for alleged unauthorized “telecommunications” use of utility easements at the trial and appellate levels. 

Paul is currently representing a leading online marketplace in putative class actions consolidated in an MDL stemming from a highly-publicized data breach involving hundreds of millions of customers. And he has defended and is currently defending putative class actions arising under the TCPA. 

Paul represents US and foreign clients in domestic and international arbitrations. Among other proceedings, Paul has represented international satellite providers and an arms manufacturer in international arbitrations, one of which The Wall Street Journal dubbed an “outer-space turf war.”

Paul represents clients in governmental and internal investigations, including civil and criminal investigations arising under federal and state health care laws, the False Claim Act, the Anti-Kickback Act, and the FCC E-Rate program. Paul recently guided a national healthcare company through far-reaching investigations by the Department of Justice, Food and Drug Administration, and Drug Enforcement Administration, which were fully resolved in 18 months with no action.

Paul represents communications and technology companies in matters involving communications law issues. He represents providers on these issues in state and federal courts and in rulemakings and adjudications before the U.S. Federal Communications Commission (FCC), state commissions, and international tribunals.

Paul regularly tries cases to judgment. In recent years, Paul has tried dozens of cases across the United States and overseas involving alleged breaches of contract, fiduciary duties, and manufacturing agreements, violations of communications laws, healthcare laws, and business torts, fraud, unfair competition, and defamation. He also recently assisted with a lengthy trial in federal court involving false advertising claims that resulted in a favorable jury verdict. And Paul routinely represents clients in appeals in state and federal appellate courts, including the U.S. Supreme Court, federal and state courts of appeal, and state high courts. 

Paul’s representations are regularly reported in the media, including Law360. He is also a recognized expert and frequent commenter on communications and technology law issues. He is a professor of law at Vanderbilt University Law School and teaches in the area of technology and communications law and policy.

Paul is dedicated to pro bono service and public interest litigation. He has long represented Oceana, Inc., the largest international advocacy organization focused on ocean conservation, in federal litigation arising under the Environmental Species Act as well as related administrative proceedings and advocacy. He has also long represented Trout Unlimited, which is dedicated to protecting and restoring America’s coldwater fisheries and watersheds, in environmental litigation under the Clean Water Act to protect Bristol Bay, Alaska. As part of that ongoing representation, Paul briefed and argued the federal appeal leading to a permanent federal ban on commercial mining in the Bristol Bay watershed. On behalf of a community organization, Paul successfully obtained an appellate decision overturning a trial court decision that had upheld a planning board's approval of a commercial water bottling operation in an environmentally-protected area with trailheads into the Catskill mountains.

Experience

Representative Matters

• Closed federal criminal billing-fraud investigation of healthcare provider in 18 months with no action.
• Obtained numerous favorable verdicts, decisions, and negotiated outcomes for healthcare providers in complex billing lawsuits and arbitrations.
• Obtained sovereign immunity dismissal on behalf of the Democratic Republic of the Congo and its Central Bank, which was affirmed on appeal. CapitalKeys, LLC v Democratic Republic of Congo, 2021 WL 2255362 (D.D.C. June 3, 2021), aff’d 2022 WL 2902083 (D.C. Cir. July 22, 2022).
• Successfully defeated nine-figure class action involving complex healthcare billing issues. Randy Denning v. AIS, Case No. 2:21-CV-774 (D. La. 2021) & 21-30534 (5th Cir. 2022).
• Obtained a landmark appellate victory for Trout Unlimited 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 et al. v. Pirzadeh et. al., No. 20-35504, 2021 WL 2460989 (9th Cir. June 17, 2021).
• Successfully represented intervenor global satellite operator on appeal before the D.C. Circuit Court of Appeals ensuring access to tens of billions of dollars from spectrum auctions and transition operations. PSSI Global Services, LLC v. FCC, Case No. 20-1142 (Dec. 2020).
• Successfully represented national cable operator before the 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. See 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. 19-2442, 2020 WL 995774 (7th Cir. Mar. 2, 2020).
• Obtained unanimous victory on issue of first impression with broad implication for cable industry in case briefed and argued before Texas Supreme Court. Time Warner Cable Texas LLC v. CPS Energy, No. 17-0840, --- S.W.3d ---, 2019 WL 2147257 (Tex. May 17, 2019).
• Successfully resolved complex litigation against foreign entities involving claims arising from CFIUS reporting obligations and requirements. Ness Technologies SARL v. HNA Group (International) Company Limited, Index No. 657241/2017 (N.Y. Sup. Ct. 2017).
• Won a preliminary injunction in favor of nearly a dozen communications providers that led to favorable resolution of federal court litigation against the City of Baltimore involving Section 253 of the federal Communications Act.
• Successfully represented the California Cable and Telecommunications Association in defeating certification of a class of statewide landowners seeking injunctive relief and damages for alleged wrongful "telecommunications” use of easements they granted to an electric utility.
• Won summary judgment in favor of a cable operator in long-running federal court litigation brought by a local franchising authority claiming millions of dollars in damages for an alleged breach of the franchise agreement. Mecklenburg County v. Time Warner Entertainment-Advance/Newhouse P’ship, 2010 WL 391279 (W.D.N.C. 2010).
• Won summary judgment in favor of a cable operator in federal court litigation brought by local franchising authorities alleging violation of Public, Educational and Governmental obligations.
• Defended cable operator through a weeks-long trial of a state court action brought by an investor-owned electric utility claiming the operator owed millions of dollars in back pole attachment fees for allegedly providing "telecommunications services."
• Defended an international automobile manufacturer in coordinated putative class actions involving products liability and state consumer protection statutes based on allegations of defective alignment systems and consequent tire wear. In Re LR3 Litigation (MDL 2008).

Honors

Litigation Star, Benchmark Litigation, 2025

Gardner Gillespie Environmental Pro Bono Award, 2024

Who's Who Legal: Telecoms, Media & Entertainment, 2024

Best Lawyers in America, Best Lawyers, 2024-2025

"Highly Recommended" for Telecoms and Broadcast: Regulatory, Legal 500 US, 2012-2024
‘From a litigation perspective, Paul Werner has the ability to filter through issues and determine the approach most likely to lead to a positive outcome which he has achieved many times. He has a measured, thoughtful approach and comes exceptionally well-prepared for trial.’ (Legal 500 US)

Leading U.S. Litigator, Lawdragon, 2023-2025

Washington D.C. Super Lawyer, Super Lawyers, 2014-2016

Articles

Class Action Defense Strategy Blog

• "Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts," September 3, 2019 
• "Second Circuit Affirms “Snap” Removal Practice," March 29, 2019
• "Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term 'Advertisement',” November 15, 2018 
• "5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation," February 28, 2018 
• "Spokeo—Round 3: The Ninth Circuit Finds Alleged Statutory Violation Sufficiently “Concrete” To Satisfy Article III Standing," August 29, 2017 
• "You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls," July 12, 2017 

Eye on Privacy Blog Posts

• "Six Things You Need to Know Before Collecting Biometric Information," June 2, 2016

FCC Law Blog Posts

• "With Net Neutrality Order, FCC Grants Broadband-Only ISPs New Pole Attachment Protections," May 6, 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

• "Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal," July 31, 2023
• "Sunshine State Becomes 24th to Certify Regulation of Pole Attachments," June 14, 2022
• "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
• "Virgil Quick Come See: FCC Drives Down Local Government Regulation of Cable Operators," August 2, 2019 
• "D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order," February 4, 2019 
• "Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term 'Advertisement'," November 17, 2018 
• "As The “Net Neutrality” World Turns . . . ." November 7, 2018 
• "Lucia Is Likely To Have Little Impact On Waning FCC Adjudications," July 17, 2018 
• "FCC Seeks “Large Step” Toward Advancing Broadband Infrastructure Goals With Draft One-Touch Make-Ready Order," July 16, 2018 
• "Back To The Future: FCC Returns To Light Touch Regulation Of The Internet," June 13, 2018 
• "Once Bitten, Twice Shy: FCC Revisits Its Telemarketing Regulations In Light Of The DC Circuit’s Decision Striking Down Core Requirements," June 1, 2018 
• "Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities," September 8, 2016
• "Sixth Circuit Rejects FCC’s Effort To Preempt State Regulation Of Municipal Broadband Providers," August 11, 2016
• "Patient Zero – Public Knowledge Seeks FCC Review of A New “Zero Rated” Service," March 14, 2016
• "FCC Warns Broadband Internet Service Providers Of Coming Expanded Title II Privacy Regulation," May 29, 2015
• "Cyberspace Oddity: The FCC Regulates Internet Services as Common Carrier Telecommunications Services, 'Protecting and Promoting the Open Internet,'" February 27, 2015
• "The Eleventh Circuit Reaffirms FCC’s Authority To Coordinate National TCPA Policy And Ensure Uniformity Of Enforcement in Mais v. Gulf Coast Collection Bureau," October 16, 2014
• "Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp." July 17 2014
• "Call Me Maybe?: The New TCPA Position Announced by The Federal Communications Commission in Nigro v. Mercantile Adjustment Bureau," July 7, 2014
• "Supreme Court Sides with Broadcasters in Aereo Decision," June 30, 2014
• "North Carolina Court Issues First Decision Controlling Coop Pole Attachment Rates," May 29, 2014
• "Once More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations," May 16, 2014
• "Twice Bitten But Not Shy, The FCC Is Handed The DC Circuit’s Prescription for Internet Regulation," January 20, 2014

Healthcare Law Blog Posts

• "Laboratory and Pathology Information Blocking Concerns," May 12, 2023

• "D.C. Circuit Gives New Life to CMS Overpayment Rule," August 17, 2021

Media Mentions

Speaking Engagements

• "CMS’ Medicare Advantage Overpayment Rule Takes a Permanent Vacation: What’s Next for Payors and Providers Alike," Sheppard Mullin Healthcare Webinar, October 16, 2018

Events

Memberships

Member, Federal Communications Bar Association

Member, The Historical Society of the District of Columbia Circuit

Digital Media