Law360 Quotes Partner Alysa Z. Hutnik on 9th Circuit AT&T Ruling
Partner Alysa Z. Hutnik was quoted in the Law360 article “Telecoms Freed From FTC Grasp In 9th Circ. AT&T Ruling.” The article discusses how the Ninth Circuit on Monday took a broad view of the common carrier exemption to the Federal Trade Commission’s enforcement authority in striking down its data throttling action against AT&T, a move that effectively places telecoms outside the reach of the regulator. Ms. Hutnik explained that “Whether a company’s common carrier ‘status’ was sufficient to strip jurisdiction from FTC oversight used to be as clear as mud. With this Ninth Circuit decision that a company’s ‘status’ prevails over its ‘activities,’ that makes it a very tough road for the FTC to bring any type of Section 5 of the FTC Act claim against any company that can viably claim common carrier status, even if it engages only minimally in common carrier activities.”
To read the full article, please click here. Access may require a subscription.