David E. Mills

The US Supreme Court ruled on April 1, 2021 that the Federal Communications Commission was within its authority to repeal or modify three long-standing media ownership controls. The decision aligned with arguments Cooley made in amicus briefs submitted on behalf of Gray Television that, after years of challenges, the FCC’s modernized rules finally should be allowed to take effect because the agency issued them in full compliance with its obligations under Section 202(h) of the Telecommunications Act of 1996.

In a unanimous opinion written by Justice Brett Kavanaugh, the Supreme Court found no issues with the agency’s 2017 decision, which eliminated bans on broadcast-newspaper and television-radio cross-ownership, nixed restrictions on cross-station advertising agreements and dropped a diversity-of-viewpoints rule for local markets. Lawyers David Mills, Robert McDowell and Barrett Anderson led the Cooley effort.

New York – March 10, 2022 – Cooley filed an amicus brief on behalf of the Competitive Carriers Association (CCA), a trade association for competitive wireless providers and stakeholders across the country, in New York State Telecommunications Association, Inc. et al. v. James. The brief urges the US Court of Appeals for the Second Circuit to uphold a lower court’s permanent injunction barring enforcement of New York’s Affordable Broadband Act (ABA), which regulates the rates, terms and conditions of internet service providers’ broadband internet access service offerings to the public. Partners David E. Mills and Robert McDowell are leading the Cooley team representing the CCA.

Nine plaintiffs, who were victims of a coordinated attack by white supremacists during the “Unite the Right” rally in Charlottesville, Virginia in August 2017, won a historic victory in the landmark federal lawsuit Sines v. Kessler. A Cooley team led by Alan Levine, David Mills and Bob Cahill acted pro bono on behalf of the plaintiffs alongside Kaplan Hecker & Fink, Paul, Weiss, Rifkind, Wharton & Garrison, and Woods Rogers.

Cooley advised Meredith Corporation on its agreement to sell its local media group, which consists of 17 television stations reaching 11% of US households and 30 million viewers, to Gray Television for $2.8 billion. Partners Kevin Mills, Aaron Binstock and Michael Basile led the Cooley team advising Meredith on the deal.

Cooley secured a victory for the Charlotte School of Law and InfiLaw Corporation, the school’s parent company, when the US Court of Appeals for the Fourth Circuit affirmed a district court decision after a contested evidentiary hearing approving a limited fund class action settlement between the school and its former students. Partner David Mills led the Cooley team representing the Charlotte School of Law, InfiLaw and several of their officers.