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Robert Sherman’s practice focuses on the regulatory and public policy issues surrounding digital media, including data privacy, media regulation, and content liability and distribution matters. He has particular expertise in the development and regulation of social networking services.
Mr. Sherman has represented some of the world’s most prominent technology, media, and other businesses in policy advocacy on virtually every major electronic marketing and privacy regulation that affects digital media businesses today. Among other matters, Mr. Sherman has represented clients before the Federal Trade Commission, Federal Communications Commission, and Congress on the CAN-SPAM Act, the Telephone Consumer Protection Act, the Junk Fax Prevention Act, the Communications Act, and a range of other efforts to regulate online and traditional media. He also has been active in recent legislation to regulate consumer privacy online, as well as the FTC’s and the Department of Commerce’s efforts to develop a comprehensive framework for regulating privacy in the United States.
In addition to public policy, Mr. Sherman has substantial experience in enforcement and dispute matters involving the digital media industry. He has defended media companies in numerous regulatory enforcement proceedings, with a particular emphasis on proceedings involving regulation of content. He also represents clients in adversarial proceedings, including in two live hearings before the Federal Communications Commission concerning discrimination in the distribution of digital content.
Mr. Sherman’s broad policy and regulatory experience allows him to provide strategic advice that is informed by both practical business considerations and an understanding of the broader regulatory environment. He regularly advises clients concerning issues arising under the safe harbor provisions of the Digital Millennium Copyright Act and the Communications Decency Act, as well as compliance with the Electronic Communications Privacy Act, the Video Privacy Protection Act, the Communications Act, California online privacy laws, industry self-regulatory initiatives, and the provisions of the Federal Trade Commission Act prohibiting unfair and deceptive trade practices. He also represents clients in transactions involving the distribution of digital content and operation of social media services.
Mr. Sherman advises telecommunications and broadcasting companies on matters involving compliance with the Communications Act and the Federal Communications Commission’s rules, including the FCC’s rules relating to indecency and political speech. He also has represented these clients before the FCC on a broad range of regulatory policy matters and has provided newsgathering, prepublication, and First Amendment advice to journalists in both the traditional and new media.
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
- Represented a leading social media provider in Federal Trade Commission and Department of Commerce proceedings to develop frameworks for regulating privacy in the United States.
- Advised a prominent online publisher in connection with a Congressional investigation relating to online privacy practices.
- Developed a company-wide privacy by design program for a major U.S. media entity, following a comprehensive privacy audit of the company’s business units.
- Litigated two of the four cable program carriage hearings ever held before an FCC administrative law judge, leading to a successful settlement between the National Football League and Comcast.
- Represented the Public Broadcasting Service and other amici before the U.S. Supreme Court in a challenge to the FCC’s regulation of broadcast indecency.
Honors and Rankings
- Chambers USA, Leading Lawyer (2008-2011)
- 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.
Memberships and Affiliations
- Federal Communications Bar Association, Committee Co-Chair
- International Association of Privacy Professionals
- American Bar Association, Privacy and Information Security Committee & Forum on Communications Law
Publications and Speeches
- Writes regularly about privacy issues on Covington’s blog, Inside Privacy
- Quoted in “Monitoring communications? Know legal pitfalls,” Business Insurance Magazine (2/6/2011)
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