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Winston Maxwell
Partner, Paris
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winston.maxwell@hoganlovells.com

Winston Maxwell is one of the leading media, communications and data protection lawyers in France. His practice covers three principal areas :

Telecommunications and Internet : Winston advises public and private sector clients in the telecommunications and internet industry on corporate, commercial, regulatory and litigation matters. Winston recently co-authored a report for the European Commission on the adoption bill & keep charging mechanisms for the exchange of IP traffic, and a report for the French regulatory authority ARCEP on the regulatory treatment of over-the-top services, cloud computing services and content delivery networks (CDNs). Winston advises mobile and fixed operators, Internet service and applications providers, directory providers, paging operators, and regulators.

Media and entertainment : French and international motion picture producers, distributors and channel providers seek Winston’s advice on commercial contracts, M&A, production and co-production agreements, agreements with talent, IFTA arbitrations, and regulatory questions linked to channel licenses, new technologies, connected TV and VOD.

Data protection and privacy : Winston has testified before several parliamentary committees in France on reform of data protection legislation, and represented clients in lobbying efforts before the European Commission in connection with reform of EU data protection rules. He advises clients on cross-border discovery, implementation of compliance and whistleblowing programs across multiple jurisdictions, handling data breaches, fraud and employee theft of data. He has advised on « privacy by design » in the context of smart grid projects, and on European data protection compliance for innovative Internet applications and services (geolocation, content recognition technologies, and tools used by Internet advertising networks).

Chambers Europe 2011 ranked Winston in Band 1 for both telecommunications and media :

« Partner Winston Maxwell handles telecoms, media and data protection work. Interviewees hail him as "a real telecoms expert" who is "extremely visible and active" on the market. He receives particular praise for his regulatory knowledge within the telecoms sphere. His arbitration activity in the film sector is also highlighted. Clients report that "he is very sharp and asks all the right questions, as well as being extremely reactive, open, pleasant to work with and hands-on." (source Chambers Europe 2011)

REPRESENTATIVE EXPERIENCE
  • Advising French and non-French mobile and fixed operators on regulation of fixed and mobile termination rates, spectrum policy, and privacy regulations, including dispute resolution before the ARCEP
  • Advising international telecommunications providers and customers on cloud computing contracts and regulations
  • Advice to regulatory authorities in Europe and Africa on the implementation of new regulations relating to broadband communications (3G, 4G, fiber, DSL, cable)
  • Representation of motion picture producers and distributors in disputes including IFTA arbitrations
  • Negotiation and drafting of motion picture development, production and distribution agreements
  • Acquisitions and joint ventures involving film & television production companies and TV channels; regulatory advice on channels and VOD platforms
  • Data protection advice to multinationals in the deployment of comprehensive (SOX, Dodd Frank, US Sentencing Guidelines) compliance programs in Europe, including notifications to DPAs throughout Europe
  • European data protection advice to online health information providers, to pharmaceutical companies, to directory providers and to Internet advertising service providers


Hogan Lovells Publications
25 July 2011 "Global Media and Communications Quarterly, Issue 3: Focus on Cloud Computing." GMC Quarterly, Hogan Lovells

21 July 2011 "Sabam, TalkTalk Cases Shed Light on Internet Filtering." GMC Quarterly, Hogan Lovells

March 2011 "Global Media and Communications Quarterly, Issue 2: Focus on Net Neutrality." GMC Quarterly, Hogan Lovells

01 March 2011 "The French Supreme Court confirms that Dailymotion and an aggregator of RSS flows are both hosting services providers." Hogan Lovells, Hogan Lovells

October 2010 "Global Media and Communications Quarterly, Issue 1: Focus on Graduated Response." GMC Quarterly, Hogan Lovells

April 2010 "Media & Communications Briefing: Issue 6." Media & Communications Briefing, Hogan & Hartson LLP

19 February 2009 "How to Conduct Trans-Border Discovery." Privacy Update, Hogan & Hartson LLP

06 October 2008 "Privacy & Data Security Briefing: Issue 5." Privacy & Data Security Briefing, Hogan & Hartson LLP

Published Works
21 November 2011 "Movie industry obtains blockage of a film-piracy site." Edition Multimédi@

5 September 2011 "Graduated response: the United States launches a private sector version of Hadopi." Edition Multimédi@

30 May 2011 "Internet filtering and blocking of the Web by telcos: a specific law is necessary." Edition Multimédi@

14 March 2011 "Net Neutrality: the main difficulty will be to set a minimum quality of service requirements." Edition Multimédi@

Spring 2011 "Data security in the Age of Cloud Computing." Commerce in France

February 2011 "Network Neutrality." Editions La Découverte

17 January 2011 "Net neutrality regulation: The United States shows the way for Europe." Edition Multimédi@

January 2011 "Ten facets of the Internet and the digital economy." Questions Internationales, n° 47

December 2010 "Providers face concerns over net neutrality." ManagingIP.com

November 2010 "Net neutrality: regulators await European guidelines." Edition Multimédi@

Autumn 2010 "Net neutrality in Europe: an economic and legal analysis." Revue Concurrence, n°4-2010

September 2010 "Connected TV creates a challenge for broadcasting regulations." Edition Multimédi@

August 2010 "The neutrality of networks: an introduction to the U.S. debate." Les cahiers de l'ARCEP

14 June 2010 "IP addresses and personal data: are we having the wrong debate?" Edition Multimedi@

01 June 2010 "Net neutrality and freedom of expression." Légipresse

16 November 2009 "Post Hadopi: The Role of Internet Service Providers Still Needs to be Clarified." Edition Multimédi@

August 2004 "The August 6th 2004 French Data Protection Law: Consequences for companies." Communications & Strategies

2003 "Electronic Communications: the New EU Framework.", Oxford University Press

PRACTICES
Privacy and Information Management
Commercial
Technology, Media and Telecoms
INDUSTRY SECTORS
Technology, Media and Telecoms
AREAS OF FOCUS
  • French and European Communications Law
  • Media and Entertainment Law
  • Transactions and Policy
  • Privacy Law 
BLOGS
Chronicle of Data Protection
International Spectrum Review
EDUCATION
J.D., Cornell University Law School, 1985 B.A., with highest honors, Oregon State University, 1982
MEMBERSHIPS
  • Co-Chair, American Chamber of Commerce in France's New Media, IT and Privacy Committee
  • Member IAPP
  • Member of International Association of Entertainment Lawyers
AWARDS / RANKINGS
  • Chambers Europe, Band 1, 2011 Media and Telecommunications - France 2011
  • The Legal 500 Europe, Middle East and Africa, Media and Entertainment: Full service - France 2011
  • The Legal 500 Europe, Middle East and Africa, IT, Telecoms and the Internet - France, 2011
  • Who's Who Legal: The International Who's Who of Business Lawyers, Regulatory Communications, 2011
BAR ADMISSIONS / QUALIFICATIONS New York Paris
LANGUAGES English French