Michael B.Hazzard (Mike)

Partner

(T) + 1.202.879.5439

Mike Hazzard represents companies before regulatory agencies and in courts on competition, consumer protection, data security, privacy, and technology matters. He has served as lead counsel in adjudications, investigations, and rulemakings before and against the Federal Communications Commission, the Federal Trade Commission, and numerous state regulatory and consumer protection agencies. He has served as lead counsel in federal district courts from the Eastern District of New York to the Southern District of California and many districts in between. Mike has argued appeals before the Third, Fourth, Ninth, and District of Columbia Circuits.

Working with Jones Day lawyers throughout the world, Mike counsels companies on global consumer protection, privacy, and communications regulatory matters, primarily related to cloud communications software and services. Mike has developed and helped implement End User License Agreements, consumer protection policies, and a wide array of services agreements in compliance with local legal and regulatory regimes throughout the world. He has particular experience with the Federal Communications Act, the Federal Trade Commission Act, the Telephone Consumer Protection Act, the Health Insurance Portability and Accountability Act, the Fair Credit Reporting Act, the Electronic Communications Privacy Act, the California Consumer Privacy Act, and the European Union's General Data Privacy Regulation, among others.

Mike routinely speaks on domestic and international legal issues related to communications services, consumer protection, privacy, and technology.

Experience

Twilio wins dismissal of putative class action lawsuit over alleged violations of TCPA and Washington state law
Jones Day defended Twilio Inc. in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act, the Washington State Commercial Electronic Mail Act, and the Washington Consumer Protection Act.

Orange invests in Danal
Jones Day represented Orange, S.A. in connection with its investment in Danal, Inc., a provider of mobile digital identity solutions.

The following represents recent litigation experience acquired prior to joining Jones Day.

Payton v. VoiceShot LLC, No. 13-C-8002 (N.D. Ill., Feb. 22, 2016): won a total victory by obtaining summary judgment with an order finding that cloud communications company acted as a common carrier and did not initiate calls allegedly made in violation of the TCPA.

Kauffman v. CallFire, Inc., No. 3:14-cv-01333-H-DHB (S.D. Cal., Oct. 8, 2015): won a total victory by obtaining summary judgment and a denial of plaintiff's class certification motion with an order finding that cloud communications company did not initiate calls allegedly made in violation of the TCPA.

Rinky Dink, Inc. v. Electronic Merchant Systems, Inc., et. al., No. C13-1347-JCC, 2015 WL 778065 (W.D. Was., Feb. 24, 2015): won a total victory by obtaining an order defeating a putative class action, holding that a cloud communications company is a common carrier, immune for liability under the TCPA.

Glauser v. Twilio, Inc., et. al., No. 4:11-cv-02584-PJH (N.D. Cal., Apr. 22, 2014): obtained voluntary dismissal of a cloud communications company from putative class action arising under the TCPA.

Mendez v. C-2 Mendez v. C-Two Group, Inc., No. 3:13-cv-05914-EMC (N.D. Cal., Apr. 21, 2014): won a total victory for a cloud communications company in a putative class action on grounds that plaintiff failed to state claim under the TCPA.

Rutherford v. Zoom Tan, Inc., No. 2:12-cv-509-FtM-29DNF, 2013 WL 4001343 (M.D. Fla., Aug. 5, 2013): won a total victory for a cloud communications company in a putative class action on grounds that no personal jurisdiction existed in the state of Florida for alleged claims under the TCPA.

U.S. v. Skyy Consulting, Inc., No. 13-2136-DMR (N.D. Cal., Apr. 17, 2013): negotiated a favorable settlement on behalf of a cloud communications company with the Federal Trade Commission for claims arising under the Federal Trade Commission Act and Telemarketing Sales Rule, clearing the way for the client to secure private equity financing.

In re: Core Comm's v. Verizon Maryland Inc., Case No. 9012 (MD P.S.C., July 13, 2012): obtained an opinion from the Maryland Public Service Commission that Verizon breached its federal Interconnection Agreement by failing to cooperate in good faith and by failing to provide interconnection that was equal in quality, technically feasible, and nondiscriminatory.

Hypercube, LLC v. Level 3 Communications, LLC (Cal. P.U.C. 2011): won reconsideration order vacating and remanding an administrative law judge's decision on tariff-based charges for exchange access service to toll free telephone numbers; led to complete and favorable settlement of national litigation.

EZ Texting, Inc. v. T-Mobile USA, No. 10-CIV-7205 (PKC) (S.D.N.Y. 2010): negotiated a prompt, favorable settlement for a mobile-marketing company that had its shared short code blocked by a wireless carrier.

Verizon Maryland Inc. v. Core Communications, Inc., 2010 WL 5189455 (4th Cir. 2010): obtained an opinion holding that Verizon breached its interconnection agreement with Core as a matter of law for failing to provide nondiscriminatory interconnection.

PAETEC Communications, Inc. v. CommPartners, LLC, No. 08-0397, 2010 WL 1767193 (D.D.C. 2010): obtained an order granting Motion on Summary Judgment finding that a traditional tariff does not create a financial obligation for Voice over Internet Protocol traffic.

Additional Publications

  • November 2016A New Sheriff in Town: Newly Regulated Broadband ISPs Get a First Look at FCC-Style Privacy Rules
  • July 2016EU Telecoms Regulators Consult on Draft Net Neutrality Guidelines
  • June 2016Third Time's a Charm for Net Neutrality: D.C. Circuit Upholds FCC's Reclassification of Broadband

Speaking Engagements

  • December 4-5, 2017What You Need to Know about IoT, AI and the Blockchain: Buzz Words Demystified, ALM CyberSecure
  • October 27, 2016Recent developments in texting to Toll-Free telephone numbers and other innovative messaging developments, speaker, SOMOS Toll Free Summit, The State of Texting to Toll-Free Panel
  • September 21, 20162016 MoNage Panel Moderator: Public Network Messaging Evolution In An Over The Top World
  • September 20, 2016International Bar Association Panelist: The Web: Where Should The Power Of Control Lie – Regulators, Providers Or Consumers? Cybersecurity, Encryption And The Right To Be Forgotten
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