Disputes and Workouts

Not all telecom and IT relationships go smoothly, and LB3 is a leader in the representation of large users and non-incumbent providers in the renegotiation, work-out or, if necessary, litigation of disputes arising out of service problems, failures to meet commitments, overcharges, and market changes. Our lawyers serve as special counsel in litigation that encompasses telecommunications issues, represent customers dealing with providers in distress, and testify as expert witnesses on telecommunications matters.

Contract Workouts

We routinely advise clients embroiled in disputes relating to network services agreements. We have been involved in the negotiated resolution of scores of disputes, involving issues that include the timeliness and accuracy of provider bills (and recovery of overcharges relating thereto); network reliability and service levels; shortfall penalties and early termination charges; provider attempts to re-cast and back bill charges; and telecom sales commissions.

Working out a dispute often involves renegotiation of the underlying agreement. LB3 leverages its unparalleled expertise in telecom agreements to improve key terms and prices even when the primary goal of a project is to avoid liability.

FCC Complaints and Referrals

Because of our broad and deep expertise in the Communications Act, we represent parties (typically large customers or competitors of regulated carriers) in both formal and informal complaint proceedings before the FCC.

Some claims involving Communications Act end up in the courts. When the courts refer those claims to the FCC (as often happens), a formal complaint or petition for declaratory ruling must be filed. LB3 has extensive expertise in these referrals, frequently providing strategic advice concerning, and serving as co-counsel before, the FCC.

Distressed Providers and Customers

We counsel financially-distressed clients whose needs for telecommunications services have declined, exposing them to liability for shortfall or early termination charges.

We also assist clients negotiating new agreements with troubled providers, or otherwise seeking to minimize customer exposure. LB3 was counsel to the WorldCom Enterprise Customer Committee, composed of 20 major WorldCom customers, in the WorldCom bankruptcy. We worked actively, and successfully, with the provider and the court to protect the interests of such customers and prevent the disruption of their operations.

Expert Testimony

Partners at the firm are frequently asked to testify as expert witnesses in cases involving telecommunications and IT transactions. We have testified before judges and arbitrators on such issues as the proper interpretation of the filed tariff doctrine; the interpretation of ambiguous or technical clauses in network services and IT agreements; industry custom with respect to the completeness of service agreements; the meaning and application of FCC orders, rules and regulations; the standard of care applicable to attorneys practicing communications law; and the "trade secret" status of consulting techniques and know-how.