Robert Munnelly practices in the Regulatory area. He has extensive experience with legal, regulatory, and local taxation issues faced by energy, cable television, and telecommunications companies in New England and nationally. Rob’s practice in these areas includes representing companies in all six New England states in obtaining utility commission and local licenses; ensuring ongoing compliance with applicable state, local, and federal laws; advocating for changes in existing regulatory requirements and market design; obtaining approvals or disclosing corporate change transactions and transfers; and supporting permitting and development of renewable and conventional energy projects and installation of communications facilities.
Rob’s data security and information privacy practice focuses on advising and working with companies to develop written plans, improve security-related polices, support compliance training, and respond to potential security breaches. Rob also has substantial experience working with companies in other regulated industries and in appellate practice in state and federal courts.
Rob previously served as Assistant Attorney General in the Administrative Law Division of the Government Bureau of the Massachusetts Office of Attorney General where he represented state agencies in trial court actions and appeals. He was also Director of Legal and Regulatory Affairs for the New England Cable and Telecommunications Association where he served as strategist and counsel in all six New England states.
Rob is a frequent panelist at Federal Communications Bar Association seminars, Massachusetts Bar Association seminars on litigating administrative agency proceedings, cable television conferences, and other energy, communications, and information security events.
Prior to joining Davis Malm, Rob was a partner at Murtha Cullina LLP.
REPRESENTATIVE MATTERS
Served as lead counsel for several national retail electric suppliers in new and ongoing industry-wide dockets to reform and update electric supplier rules in Connecticut, Maine, Massachusetts, New Hampshire, and Rhode Island utility commissions.
Represented national electric supplier as part of successful reform effort at New Hampshire utility commission to eliminate or substantially reduce excessive and outdated utility-imposed supplies service fees for customer switching, issuance of consolidated utility-supplier bills and bill collection activities, collection of late customer payments for supplier services, achieving hundreds of thousands of dollars in annual savings to New Hampshire electric suppliers.
Lead successful Massachusetts cable industry opposition to utility agency proposal that would have imposed burdensome and outdated monopoly telecommunications era consumer requirements on competitive cable television and telecommunications providers and services.
Represented national telephone service providers in resisting duplicative and unnecessary agency-proposed expansion of regulatory requirements for low income Lifeline telecommunications services.
Advised numerous clients in preparing and revising written information security plans, responding to information breaches, and crafting or revising related policy provisions that fully comply with stringent new Massachusetts, Connecticut, and federal data protection requirements.
REPRESENTATIVE REPORTED CASES
Appeal of Bretton Woods Company, Inc. et al., (New Hampshire Supreme Court 2012) – Represented cable television companies in supporting state utility agency ruling preempting New Hampshire state rural telephone competitive entry restrictions as violative of pro-competition requirements of federal Communications Act. Also represented cable companies in predecessor case of Appeal of Union Telephone Company d/b/a Union Communications (New Hampshire Supreme Court 2010).
DSCI Corp. v. Dep't of Telcoms. & Energy, (Massachusetts Supreme Judicial Court 2007) – Represented competitive telephone company in seeking reversal of state utility agency denial of provider request to use apply the resale rate applicable to state telecommunications contract when selling telecommunications services to its large retail clients.
Distinctions: Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers, 2006.
Admitted: Massachusetts; Connecticut; United States District Court for the District of Massachusetts; United States Courts of Appeals for the First Circuit.
Co-Chair: Federal Communications Bar Association - New England Chapter (2013-present; member since 2002).
Northeast Energy and Commerce Association: Board of Directors (2016-present); Co-Chair Retail Markets Committee (2014-present).
Protecting Data & Dealing with Breaches Globally 2018, Massachusetts Continuing Legal Education, 2018, Robert J. Munnelly, Jr. (presenter)
Hanging Your Shingle: Starting and Operating a Solo or Small Firm Practice, Data Security, Chapter 13, Massachusetts Continuing Legal Education, 2018, Robert J. Munnelly (co-author)
Integrating intellectual property into the planning and data protection process, Radio Entrepreneurs (15:24), 2017, Robert J. Munnelly, Jr. (podcast interview)
Robert J. Munnelly, Jr. talks with Radio Entrepreneurs about the integration of intellectual property into the planning and data protection process, Radio Entrepreneurs (15:24), 2017, Robert J. Munnelly (interviewed)
The Maturing Retail Market, 24th Annual New England Energy Conference & Exposition, 2017, Robert J. Munnelly, Jr. (moderator)
Company protections to ensure quick recovery from a data breach, Radio Entrepreneurs (12:00), 2017, Robert J. Munnelly, Jr. (podcast interview)
Protecting Data & Dealing with Breaches Globally in 2017, Massachusetts Continuing Legal Education, 2017, Patrick T. Clendenen and Robert J. Munnelly, Jr. (co-presenters)
Developing a WISP that complies with state law and other network protection requirements, Radio Entrepreneurs (19:23), 2017, Robert J. Munnelly, Jr. (podcast interview)
Current Issues in Business Data Services and Broadband Deployment, Federal Communications Bar Association, 2016, Robert J. Munnelly, Jr. (chapter co-chair and presenter)
State Regulatory & Legislative Update, Annual New England Cable & Telecommunications Association, Inc. Convention and Exhibition, 2016, Robert J. Munnelly, Jr. (presenter)
The importance of information security and the considerations for businesses, Radio Entrepreneurs (14:33), 2015, Robert J. Munnelly, Jr. (podcast interview)
Massachusetts Administrative Law and Practice, LexisNexis Practice Guide, 2014 Edition, Robert J. Munnelly, Jr. (contributing editor)
Videos
Radio Entrepreneurs (3:11) Presented By
Robert J. Munnelly, Jr. Rob Munnelly sits down with Radio Entrepreneurs and provides provides a general overview on data security and explores how to integrate IP into the planning and data protection process. Listen to full podcast here.