Marks, Herbert E.

Herbert E. Marks

Senior Counsel

Herbert Marks has been active in international and domestic telecommunications law for more than 30 years and has advised both private sector and government sector organizations. 

Herbert has participated as counsel in many of the major proceedings before the Federal Communications Commission (FCC), the courts and US Congress involving the structure of the telecommunications industry and its regulation and deregulation. He has addressed key matters including domestic and international rate structures, interconnection, competition issues, regulatory status of computer and Internet services, regulation of international services, telecommunications trade agreements (GATS, Telecommunications Annex and GBT Commitments), and bilateral/multilateral regulatory agreements or treaties including those relating to the International Telecommunication Union. He has also acted as an arbitrator or mediator on international or domestic telecommunications matters.

Herbert has served as chair of the American Bar Association’s Science and Technology Section and is a founder and past president of the Computer Law Association, now named the International Technology Law Association. He is a member of the US Department of State’s Advisory Committee on International Communications and Information Policy and past chair of its International Telecommunications Law Panel. He is the sole US designee of the International Telecommunication Union’s (ITU) International Experts Committee on the International Telecommunication Regulations Treaty and vice chair of its Working Group on the treaty. Herbert has also served as deputy/associate general counsel of several presidential inaugural committees. He has been a member of the US delegations to ITU treaty conferences and other ITU meetings including the delegation to the 2006 ITU Plenipotentiary Conference.

Explore

  • Regulating and restructuring of US and other countries’ telecommunications and computer services/Internet communications regulation: congressional, antitrust, FCC and EU proceedings.
  • Participating on US delegations to International Telecommunications Union conferences.
  • Counseling on US enforcement of WTO Telecommunications Agreements.

Education

  • Yale University, J.D., 1960
  • University of Michigan, A.B., with high distinction, 1957

Admissions

  • District of Columbia, 1964

Courts

  • U.S. Supreme Court
  • U.S. Ct. of Federal Claims
  • U.S. Ct. of App., Second Circuit
  • U.S. Ct. of App., Fifth Circuit
  • U.S. Ct. of App., Sixth Circuit
  • U.S. Ct. of App., Seventh Circuit
  • U.S. Ct. of App., District of Columbia Circuit
  • U.S. Dist. Ct., Dist. of Columbia
  • U.S. Ct. of Military App.
  • Listed in European Counsel’s Global Communications Industry Report. 
  • Listed in Marquis’ Who’s Who in America. 
  • Authored the introduction to the regulatory communications section of The International Who’s Who of Business Lawyers in 2003 and has been listed each year since. 
  • Listed as a recommended lawyer in Practical Law Company’s Which Lawyer? Yearbook.
  • Listed as a recommended lawyer in The International Who’s Who 2014 of Information Technology.

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