| Government and Regulatory Litigation |
Recognized as "one of Washington's heaviest-hitting law firms" by the Financial Times, we handle complex cases in which clients' interests intersect with governmental, regulatory or public policy issues. We develop strategies to align the legal landscape with our clients' business objectives—strategies that sometimes invoke litigation affirmatively and at other times utilize legislative or other solutions to avoid prolonged and potentially destructive litigation. We routinely litigate cases that arise in regulatory areas such as antitrust, aviation, defense, environmental, financial institutions, international trade, life sciences and telecommunications. Our experience includes both private and governmental actions. Recent matters include the following:
- For a joint venture of computer companies, we achieved a favorable verdict at trial and affirmance on appeal to the First Circuit in a case alleging that the companies had engaged in monopolization, group boycotts and price-fixing in violation of the antitrust laws.
- On behalf of clients in the defense and other industries, we have conducted internal investigations involving export controls, civil fraud, government conflicts of interest and competitor proprietary information, and have provided representation before the DoD Inspector General, State Department Directorate of Defense Trade Controls, Commerce Department Bureau of Industry and Security, Justice Department and relevant US Attorneys, and agency contractor responsibility offices.
- Played a lead role on behalf of industry groups in defending the constitutionality of state and federal programs that support research and promotion of agricultural commodities through mandatory contributions from industry participants.
- We advised Citibank and several other large national bank credit card issuers and served as industry coordinating counsel in the more than 30 class actions brought to challenge credit card late fees—that were ultimately resolved by the Supreme Court in favor of our clients.
- We represented Wall Street firms facing simultaneous investigations of industry-wide practices from multiple regulators and congressional committees, as well as class action litigation and intense press and public scrutiny.
- Obtained a favorable result for a major financial institution in litigation over asbestos liability in bankruptcy court, while at the same time advising the company on constitutional and strategic issues associated with efforts to achieve a global solution to the national asbestos litigation crisis.
- Before the United States International Trade Commission, we represented ASML Holding in a month-long hearing that resulted in a ruling in the company's favor on all 15 patent claims filed by its competitor Nikon Corporation of Japan, and a determination that ASML had not violated Section 337 of US trade law, which governs investigations of allegedly unfair import trade practices.
- Successfully resolved a False Claims Act investigation—for a nominal sum and without any admission of liability—initiated in response to a whistleblower's allegation that a medical device manufacturer had sold defective products to the United States Army.
- We have represented the regional Bell operating companies in a number of consumer class actions and private arbitrations involving carrier payment disputes under the Telecommunications Act of 1996.
- With the EU’s chemicals regulation, REACH, soon to become operational, we have assembled an interdisciplinary team of lawyers who not only have significant experience with all key aspects of REACH, but can also advise companies on how best to position themselves in light of globally intensifying environmental issues in Europe, the Americas (US) and Asia (China). For more on our REACH capabilities, click here.