Claire J. Evans

Claire litigates complex trial and appellate matters before federal and state courts, the Federal Communications Commission (FCC), the Federal Election Commission (FEC), the Federal Trade Commission (FTC), and state regulatory commissions, with particular emphasis on infrastructure and joint use disputes and challenges of agency action. 

Representative Matters

• Represents telecommunications companies in complex litigation and regulatory proceedings involving rate-setting disputes, the deployment of broadband infrastructure, wireless facility siting, joint use, and pole attachment issues.
• Litigates jurisdictional, constitutional, election law, intellectual property, and administrative law issues in trial and appellate courts.
• Counsels telecommunications companies on the scope of their federal rights and develops litigation strategies under the Communications Act and other applicable laws.
• Represents clients in agency rulemakings, investigations, and enforcement proceedings, including FCC Pole Attachment Complaint proceedings and FTC Civil Investigative Demands.
• Files amicus and merits briefs in the U.S. Courts of Appeals and the Supreme Court of the United States.
• Representative matters include:
• Joint use and rate disputes before state and federal courts, the FCC, and state regulatory commissions, including FCC Pole Attachment Complaint proceedings.
• Wireless siting disputes, including Sprint Spectrum et al. v. Zoning Board of Adjustment of Paramus, No. 14-2954 (3d Cir.).
• Appeals of agency action, including Ameren Corp. et al. v. FCC, No. 16-1683 (8th Cir.), Citizens for Responsibility and Ethics in Washington v. FEC, No. 14-1419 (D.D.C.), and Power Integrations, Inc. v. Kappos, No. 11-1254 (D.D.C.).
• File comments and pleadings in rulemakings and adjudications at federal agencies, including the FCC, FEC, and FTC.
• Constitutional cases, including Coors Brewing Company v. Mendez-Torres, No. 11-1559 (1st Cir.) and Software & Information Industry Association v. Solers, Inc., No. 10-1523 (D.C. App. Ct.).
• Patent litigation, including Porto Technology Co. v. Cellco Partnership, No. 12-678 (E.D. Va.), RSA Security LLC v. Zions Management Services Company, No. 12-11975 (D. Mass.), Callaway Golf Company v. Kappos, No. 11-266 (E.D. Va.), and pharmaceutical litigation involving aripiprazole (Abilify^®), cyclobenzaprine HCl (Amrix^®), and fenofibrate (Antara^®).
• Copyright royalty fee litigation before the American Society of Composers, Authors and Publishers (ASCAP) rate court to set license fees for the public performance of musical works in wireless communications products and services.

Professional Experience

• U.S. Department of Justice
  • Attorney, Criminal Division, Criminal Appellate Section (2006-2007)
  • Bristow Fellow, Office of the Solicitor General (2005-2006)
• Attorney, U.S. Department of Homeland Security, Office of the General Counsel (2005)

Affiliations

• Federal Communications Bar Association (FCBA)

Recognitions

• Recognized in The Legal 500 US as a "Recommended Lawyer" in Appellate: Court of Appeals (2017-2024) and Telecom and Broadcast: Regulatory (2014-2018, 2020-2024)
• Named to Law360's Appellate Editorial Advisory Board (2022-2024)