Leslie Moylan represents clients in complex litigation and appeals in federal and state courts, as well as before administrative agencies and in arbitration. Leslie has successfully litigated numerous cases to protect the rights of communications providers to deploy their networks and facilities – from local land use/zoning municipal agencies through the federal courts of appeals.
Leslie has litigated a wide variety of matters, including unfair and deceptive acts and practices claims; privacy claims; complex contract disputes; employment claims; and claims under the federal Communications Act, Fair Credit Reporting Act (FCRA), and Fair and Accurate Credit Transactions Act of 2002 (FACTA). She has defended numerous class actions, and has recent and successful trial experience in both federal and state courts.
Defending broadband services provider against claims of breach of contract and federal preemption
Defending claims that broadband service provider violated municipal contract and federal communications law through its compliance with new pro-competitive state video franchise laws. (Ongoing)
Defense of major national broadcasting and cable company
Defending cable operator in putative state class action alleging trespass in relation to the cable operator’s placement of its facilities. (S.C. Ongoing)
National wireless and wireless infrastructure providers
Representing national wireless and wireless infrastructure providers in challenging municipal ordinances that inhibit the deployment of advanced communications services. (Ongoing)
National wireless carrier
Representing a national wireless carrier in wireless siting litigation in various federal courts, challenging denial of client's wireless siting applications under Section 332(c)(7) of the federal Communications Act. (Ongoing)
National wireless carrier
Representing a national wireless carrier before various local governments on matters relating to local regulation of wireless facility siting. (Ongoing)
Wireless cell sites for wireless carrier
Representing national wireless carrier in litigation and local land use proceedings to address a municipality's refusal to renew land use permits for existing wireless cell sites. (Ongoing)
Cox Communications Las Vegas, Inc. v. NV Energy, Inc.
Represented Cox before the Federal Communications Commission in a case related to NVE’s imposition of Grade B construction standards in a manner that prevents Cox from deploying network until after existing Grade C poles are upgraded. (2015)
Comcast v. NOVEC
Represented Comcast before the Virginia State Corporation Commission in case of first impression under amended state law requiring cooperative pole owner rents to be cost based and reasonable. (2014)
Fibertech Networks v. Baltimore Gas and Electric Company
Represented Fibertech Networks before the Federal Communications Commission in a case challenging BGE’s imposition of Grade B construction standards in a manner that prevented Fibertech Networks from deploying network until after existing Grade C poles were upgraded. (2013)
T-Mobile Central LLC v. Charter Township of West Bloomfield
Represented T-Mobile before 6th Circuit in successful challenge to local government denial of wireless tower application. In case of first impression for 6th Circuit, court established standard for "effective prohibition" claims under 47 U.S.C. § 332(c)(7)(B)(i)(II) and positively clarified standard for "substantial evidence" claims under Section 332(c)(7)(B)(iii). Case resulted in court order for Township to issue permit granting tower application. 691 F.3d 794 (6th Cir. 2012)
ACLU v. Office of Director of National Intelligence, et. al.
Secured for national civil liberties organization a federal court order in 2011 requiring more detailed explanation from agencies that withheld records under the Freedom of Information Act relating to intelligence community's use of sweeping electronic surveillance powers under the 2008 FISA Amendments Act. (S.D.N.Y. 2011)
Lopez et al. v. Council on American Islamic Relations (CAIR)
Successfully defended leading nonprofit advocacy group against alleged RICO violations before U.S. District Court for the District of Columbia and U.S. Court of Appeals for the D.C. Circuit. (D.D.C., D.C. Cir., 2010) (Lopez v. CAIR, 741 F.Supp.2d. 222 (D.D.C., 2010))
Subpoena enforcement matters for national providers of broadband services
Multiple proceedings in state and federal courts for ISPs responding to, quashing or objecting to subpoenas for subscriber information.
Construction dispute for national homebuilder*
Representation of a national homebuilder in a lawsuit involving a large scale mixed-use development project.
Franchise agreements for worldwide lodging franchisor*
Representation of a worldwide lodging franchisor in several arbitration proceedings involving franchise agreements.
Technology transaction for Internet-based conferencing services provider*
Representation of a leading provider of hosted, real-time, Internet-based conferencing and collaboration services in a dispute involving the protection of its proprietary software.
Wireless cellsites for wireless carrier
Executed multifaceted strategy for a wireless carrier to address a municipality's refusal to renew land use permits for existing wireless cell sites.
* Denotes experience completed at a prior firm