We routinely handle litigation against, with or for the government in a variety of contexts, including:

• Constitutional and preemption challenges to legislation
• Challenges to agency action under the Administrative Procedure Act
• Regulatory enforcement actions
• False Claims Act litigation
• Government contract litigation
• International litigation involving the United States or foreign governmental institutions

A successful government litigation strategy must take into account legal doctrines applicable to litigation involving the government, including sovereign immunity, ripeness, mootness, standing, the availability of pre-enforcement relief, abstention, and deference. Our lawyers have expertise in the constitutional, administrative, and statutory law that applies uniquely to litigation with or involving governments.

Effective representation in government litigation also requires consideration of the government’s institutional interests and decision-making processes. These interests and processes often differ substantially from those of private litigants. Our experience allows us to take advantage of the opportunities presented by these distinct rules, constraints, operations, and motivations. By combining the group’s knowledge of the issues that arise in government litigation with the substantive expertise of the firm’s regulatory practices, we are well positioned to handle complex regulatory, administrative, or constitutional litigation involving governments.

A host of federal statutes—including, for example, the antitrust, anti-discrimination, environmental, and fraud and racketeering laws, as well as the False Claims Act—create rights of action for private parties seeking to enforce federal regulatory regimes. Civil litigation brought pursuant to these private rights of action, including class actions, often occurs in parallel with enforcement or potential enforcement by federal regulators or prosecutors or scrutiny from Congress, foreign governments and/or the press. A successful litigation strategy—whether offensive or defensive—must take account of opportunities and risks in all of these areas, building alliances where advantageous, finding ways to advance litigation objectives quickly or otherwise develop positive momentum, and developing creative solutions in a dynamic environment.

Our experience with the applicable regulatory programs and complex civil litigation, coupled with our experience handling criminal and civil government litigation and other high profile legal proceedings, allows us to advance our clients’ interests in litigation while maximizing their position in other venues.

Representative government and regulatory litigation matters handled by the group include the following:

• Representation of companies in the pharmaceutical, telecommunications, office supplies, entertainment, defense, insurance, oil and gas, financial institutions and other industries in qui tam and government-initiated litigation under the False Claims Act.
• Representation of a trade association in a successful patent preemption and dormant commerce clause challenge to District of Columbia legislation imposing price caps on patented prescription drugs.
• Representation of a major telecommunications carrier in defending the constitutionality of the immunity provision of the FISA Amendments Act of 2008 in consolidated class actions alleging that carriers cooperated with alleged NSA counter-terrorism surveillance following the attacks of September 11.
• Representation of a defense contractor in a high-stakes contract dispute involving provision of equipment to the U.S. military.
• Representation of a major prescription drug wholesaler in an Administrative Procedure Act challenge to a Drug Enforcement Administration order suspending the registration of one of the company’s distribution facilities.
• Representation of a U.S. petrochemical company in successful litigation to declare unenforceable foreign judgments totaling more than $500 million.
• Representation of a U.S. energy company in litigation in federal court challenging the seizure of their business by a foreign government under the expropriation exception to the Foreign Sovereign Immunities Act.
• Representation of a major aerospace company in a successful Atomic Energy Act preemption, intergovernmental immunity, and constitutional challenge to a California statute that singled out one site in the state for uniquely onerous environmental cleanup regulations.
• Defense of numerous significant international cartel cases involving a variety of industries, including automotive components, air cargo and LCD panels.
• Representation of state governmental entities and individuals in defending the constitutionality of state and federal programs that support research and promotion of agricultural commodities.
• Representation of major aerospace company in separate government contract disputes pending in the Court of Federal Claims and Armed Services Board of Contract Appeals.