Markham Erickson is chair of Steptoe’s Internet, Telecom, and Technology practice group, where he counsels clients in some of the most highly visible, complex legal matters in these sectors. He successfully applies novel and creative theories, earning precedent-setting outcomes on cases of first impression. Markham has represented Internet companies since the beginning of the commercial Internet, and has been the lead counsel for Internet firms in the so-called network neutrality debate since its inception. He regularly engages the Federal Communications Commission (FCC) and the Department of Justice (DOJ) on investigations, complaints, rulemakings, and proposed mergers in the communications sector, and represents technology companies on questions relating to copyright and technology.
Markham is widely recognized as one of the nation’s top Internet and media lawyers. He serves as co-chair to the annual Broadband and Cable Law Seminar at the Practising Law Institute in New York City. He is ranked in The Legal 500, Super Lawyers, and Chambers USA, where he is described as being “as knowledgeable on internet matters as anyone I have ever met” and as a “first-rate lawyer.” In recognition of his authority in the field, Markham was appointed by the White House to represent the United States before the Organization for Economic Co-operation and Development on Internet speech and regulatory matters.
In addition to leading the firm’s practice group, Markham is co-chair of the Steptoe’s Diversity & Inclusion Committee. He also is a member of the firm’s Professional Advancement Committee and its Hiring Committee.
- District of Columbia
- Supreme Court of the United States
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, District of Columbia
- J.D., The George Washington University Law School, 1993, with honors
- B.A., Wheaton College, 1989, English Literature
Areas of Practice
- Represents Netflix, Inc., on a wide range of regulatory matters before the FCC, including in the open Internet docket, video and broadband matters, and accessibility issues. Previously represented Netflix in successfully opposing the proposed merger between Comcast and Time Warner Cable.
- Represents INCOMPAS, the leading industry association representing competitive communications service providers and their supplier partners, before the FCC in the open Internet docket and dockets relating to broadband infrastructure issues.
- Represented a leading over-the-top video provider on global regulatory due-diligence matters.
- Represented Skype on US and global regulatory matters.
- Represents Level 3, Netflix, and INCOMPAS before the US Court of Appeals for the District of Columbia Circuit in intervening to support the FCC’s Open Internet Rule and Order.
- Represented Bloomberg Television before the FCC in a major cable merger proceeding and secured a first-ever channel “neighborhooding” condition, which required the cable provider to place Bloomberg TV in certain news neighborhoods on the provider’s channel lineups.
- Represented a coalition of leading Internet companies before the office of the United States Trade Representative in successfully promoting a first-ever modification to the trade template for copyright.
- Represented a coalition of leading Internet companies in drafting amicus briefs in Cartoon Network, LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008) (Cablevision DVR case).
- Represented a coalition of leading Internet companies in drafting an amicus brief in MGM v. Grokster, 380 F.3d 1154 (9th Cir. 2004).
- Represented a coalition of federally recognized Indian tribes before the Bureau of Indian Affairs to successfully advocate for rules limiting “reservation shopping” for gaming purposes.
- Represented a federally recognized Indian tribe before the UN in its deliberation of the Draft Declaration of the Rights of Indigenous Peoples.
- Keynote Presenter, "Antitrust, Technology, Telecommunications, and Media," INCOMPAS Annual Trade Show, October 30, 2018
- "The Federal Trade Commission's Consumer Protection Agenda," Food Marketing Institute's 2018 Legal Conference, June 26, 2018
- Co-chair, Practising Law Institute's Broadband and Cable Industry Law 2018, April 10-11, 2018
- Co-chair, Practising Law Institute's Broadband and Cable Industry Law 2017, April 3, 2017
- "Full Stream Ahead Focus: What are the Challenges and Opportunities for Digital Media in the New Administration?," INCOMPAS Policy Summit, February 15, 2017
- "Rethinking the Future of Communications Policy," 13th Annual State of the Net Conference, January 23, 2017
- Chair, Practising Law Institute's Broadband and Cable Industry Law 2016, April 11, 2016
- "The Disruptors, Innovators and Investors Panel," INCOMPAS Policy Summit, February 10, 2016
- Speaker, The Capitol Forum's Future of Broadband Competition Conference, December 17, 2015
- "Net Neutrality: Past, Present, and Future," NAPABA, November 7, 2015
- Moderator, "The Disruptive Impact of Technology on Traditional Video Delivery," COMPTEL PLUS Fall 2015 Business Expo, October 20, 2015
- "Entertainment & Sports Law Annual Meeting," ABA, October 9, 2015
- "Workshop on the Economic and Social Benefits of an Open Internet," OECD, September 30, 2015
- "Voluntary Initiatives Addressing Copyright Infringement in the Online Environment," USPTO, September 17, 2015
- "Geo-Location Issues for Mobile Gaming," LSI, May 5, 2015
- "Open Internet Regulation: Title II Much?," ACA, March 4, 2015
- "Net Neutrality Fireside Chat," TechFreedom, February 27, 2015
- "Pending Mergers: Outlook and Implications?," COMPTEL, February 24, 2015
- "What's Next for Net Neutrality?" Practising Law Institute's Broadband and Cable Industry Law 2015, January 26, 2015
News & Publications
January 28, 2019
September 14, 2018
May 30, 2018
May 3, 2018
April 23, 2018
March 16, 2018
February 26, 2018
February 2, 2018
December 14, 2017
June 7, 2017
The Cyberlaw Podcast
January 22, 2018
Seminars & Events
February 7, 2017
Stanford Park Hotel
100 El Camino Real
Menlo Park, CA 94025
- Chambers USA, Telecom, Broadcast & Satellite, DC (2016-2018)
- Legal 500 US, Media, Technology & Telecoms: Telecoms & Broadcast, Regulatory; Media, Technology & Telecoms: Telecoms & Broadcast, Transactional (2015-2018)
- Super Lawyers, Washington, DC, Communications (2017-2018)
- Appointed, “Global Leader Mentor,” by the Republic of Korea (May 2014)
- Co-chair, Broadband and Cable Industry Law 2016, Practising Law Institute, New York, NY
- American Bar Association
- Section on Administrative Law and Regulatory Policy
- Section on Intellectual Property Law
- Chair of the Intellectual Property and Legislation Committee
- Federal Communications Bar Association
- Co-Chair, Video Programming and Distribution Committee