Covington & Burling LLP | Biographies

Robert M. Sherman represents traditional and digital media clients on a range of policy, transactional, and regulatory issues, specializing in government regulation of media businesses. Recognized for his expertise in policy and adjudicative matters, clients frequently rely on him in regulatory proceedings before the Federal Communications Commission and other federal agencies, in transactions, and in disputes over the distribution of digital content. He has particular experience in the area of content regulation, including issues relating to the First Amendment, newsgathering and reporting, and regulation of indecency and political broadcasting.

Mr. Sherman advises clients in and out of the media industry on data privacy and electronic marketing in addition to the expanding body of legal issues surrounding social media. He counsels clients in the development of digital media services, including in establishing effective privacy, information security, electronic communication policies and practices and limiting legal liability. As the digital media industry evolves, he works with clients to develop effective content licenses, digital service contacts, and end-user agreements.

For the past several years, Mr. Sherman has been recognized by Chambers USA as one of the nation’s leading media regulatory lawyers, receiving praise for his “good commercial instincts” and his commitment to client service.

Representative Matters

Successfully litigated the first live cable program carriage hearing before an FCC administrative law judge, in a dispute between the National Football League and Comcast.
Represented the Public Broadcasting Service and other amici before the U.S. Supreme Court in FCC v. Fox Television Stations, Inc., in which the Court considered the validity of the FCC’s regulation of broadcast indecency.
Negotiated a complex enterprise cloud computing agreement on behalf of a large media company.
Represented Newsweek, Inc., and its affiliated publications Newsweek Magazine and Arthur Frommer’s Budget Travel, in domestic and international Internet content licensing transactions.
Advised digital media companies including Microsoft Corporation and Nintendo on content and privacy matters, including issues relating to Internet video services and social networking.
Successfully challenged a record $3.6 million indecency fine for airing an episode of the police drama "Without a Trace," on behalf of about 100 CBS Television Network affiliates.

More Representative Matters

Honors and Rankings

Chambers USA, Leading Lawyer − Telecom, Broadcast & Satellite: Regulatory (2008-2010)
National Press Photographers Association, Special Citation for Significant Contributions to Photojournalism (2008)

Pro Bono

Provided data privacy advice to the Center for the Study of Services, the nonprofit publisher of Consumers’ CHECKBOOK magazine.
Represented the Minority Media and Telecommunications Council in petitioning the FCC to modify its media ownership rules to facilitate investment in the radio industry by small businesses.
Successfully opposed, on behalf of journalists, bans on photography in New Jersey and New York transit systems and in national parks.