FacultyFaculty/Author Profile
Markham C. Erickson

Markham C. Erickson

Steptoe & Johnson LLP

Washington, DC, USA


Markham Erickson represents clients on all aspects of telecommunications, media, and Internet law.  He regularly represents clients in regulatory complaints, investigations, rulemakings, and proposed mergers before the Federal Communication Commission and the Department of Justice.  He also represents clients before the United States Copyright Office and the Patent and Trademark Office.  He has challenged and defended regulatory actions before federal courts.

Ranked in Chambers USA in Telecom, Broadcast & Satellite – District of Columbia, Mr. Erickson has also been recognized by The Legal 500, which describes him as a “substantive legal expert with great connections and understanding of the regulatory process, as well as a command of the political, policy and public relations aspects of regulatory work.”  He has been appointed by the White House to represent the United States before the Organization for Economic Co-operation and Development on Internet speech and regulatory matters.

Mr. Erickson is the co-chair of the premier annual seminar on the legal and regulatory developments in the broadband and cable industries.  He served as the first general counsel to the Internet Association, where he advised the association’s president and CEO, as well as its members, on industry-impacting regulatory and legislative initiatives.  In addition, he has represented Internet companies and Internet service providers since the beginning of the commercial Internet.

Mr. Erickson is Steptoe's Chief Diversity Partner, responsible for the firm's initiatives surrounding diversity and inclusion.  He also is co-chair of the firm’s Diversity & Inclusion (D&I) Committee and a member of its Technology Committee.

Noteworthy

Chambers USA, Telecom, Broadcast & Satellite (DC), 2016

Legal 500 US, Media, Technology & Telecoms: Telecoms & Broadcast – Regulatory; Media, Technology & Telecoms: Telecoms & Broadcast – Transactional, 2015-2016

Appointed, “Global Leader Mentor,” by the Republic of Korea, May 2014

Representative Matters

Serves as the Internet Association's counsel on telecommunications, trade, copyright, and intermediary liability matters before the Federal Communications Commission, Department of Justice, Copyright Office, Patent and Trademark Office, and federal courts.  The Internet Association is the primary trade group for leading Internet companies.

Represents Netflix, Inc., on a wide-range of regulatory matters before the Federal Communications Commission, including in the open Internet docket, video and broadband matters, and accessibility issues. Previously represented Netflix in successfully opposing the proposed merger between Comcast and Time Warner Cable.

Represents INCOMPAS, the leading industry association representing competitive communications service providers and their supplier partners, before the Federal Communications Commission in the open Internet docket and dockets relating to broadband infrastructure issues.

Represents Level 3, Netflix, and INCOMPAS before the US Court of Appeals for the District of Columbia Circuit in intervening to support the FCC’s Open Internet Rule and Order.

Represented Bloomberg Television before the Federal Communications Commission in a major cable merger proceeding and secured a first-ever channel “neighborhooding” condition, which required the cable provider to place Bloomberg TV in certain news neighborhoods on the provider’s channel lineups.  Represented a coalition of leading Internet companies before the office of the United States Trade Representative in successfully promoting a first-ever modification to the trade template for copyright.

Represented a coalition of leading Internet companies in drafting amicus briefs in Cartoon Network, LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008) (Cablevision DVR case).

Represented a coalition of leading Internet companies in drafting an amicus brief in MGM v. Grokster, 380 F.3d 1154 (9th Cir. 2004).

Represented a coalition of federally recognized Indian tribes before the Bureau of Indian Affairs to successfully advocate for rules limiting “reservation shopping” for gaming purposes.

Represented a federally recognized Indian tribe before the United Nations in its deliberation of the Draft Declaration of the Rights of Indigenous Peoples.

Select Seminars & Events

Open Internet Program, February 7, 2017, A Steptoe-sponsored event

Rethinking The Future of Communications Policy, January 23, 2017, 13th Annual State of the Net Conference (SOTN)

Broadband and Cable Industry Law 2016, PLI, April 11, 2016

“The Disruptors, Innovators and Investors Panel,” INCOMPASS Policy Summit, February 10, 2016

Future of Broadband Competition Conference, The Capitol Forum, December 17, 2015

“Net Neutrality: Past, Present, and Future,” NAPABA, November 7, 2015

Selected Publications

Exporting Internet Law Through International Trade Agreements: Recalibrating US Trade Policy in the Digital Age May 25, 2016

On the Intelligence Authorization Bill July 31, 2015, Steptoe Cyberblog

Why ‘Exporting’ US Copyright and Communications Law Through Trade Agreements is a Good Idea May 11, 2015

"Groundhog Day" for Data Breaches June 2, 2014

Michigan Draws a Bottom Pair, But Indian Country Does Not Have a Straight Flush May 29, 2014, SCOTUSBlog

TARGETed for a Breach – and Now TARGETed for Litigation December 30, 2013

Argument preview: A tale of two sovereigns November 27, 2013, SCOTUSblog

Professional Affiliations

Co-chair, Broadband and Cable Industry Law 2016, Practising Law Institute, New York, NY

American Bar Association

    Section on Administrative Law and Regulatory Policy
    Section on Intellectual Property Law
    Chair of the Intellectual Property and Legislation Committee

Federal Communications Bar Association

Education

The George Washington University Law School, J.D., with honors, 1993

Wheaton College, B.A., English Literature, 1989

Bar & Court Admissions

District of Columbia
Virginia
US Supreme Court
US Court of Appeals
Second Circuit US Court of Appeals
Fourth Circuit US Court of Appeals
Sixth Circuit US Court of Appeals
District of Columbia Circuit

Markham C. Erickson is associated with the following items:
Course Handbooks  Course Handbooks Broadband and Cable Industry Law 2017
On-Demand Web Programs  On-Demand Web Programs Broadband and Cable Industry Law 2017, Wednesday, April 12, 2017, New York, NY
Live Seminar  Live Seminar Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, New York, NY
Live Webcast  Live Webcast Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, Indianapolis, IN
Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, New Brunswick , NJ
Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, Philadelphia, PA
Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, Boston, MA
Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, Atlanta, GA
Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, Mechanicsburg, PA
Broadband and Cable Industry Law 2018, Tuesday, April 10, 2018, Pittsburgh, PA
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