Administrative Law

Administrative Law

Clients rely on our team of experienced regulatory litigators and former government officials to handle all aspects of administrative law litigation.

Key Contacts

Meet Our Team

Experience

  • Obtained a preliminary injunction and temporary restraining order on behalf of a leading medical provider in an emergency preliminary injunction challenge to a midnight rule promulgated by HHS.
  • Represented trade associations in APA litigation challenging the Fiduciary Rule promulgated by the DOL to regulate the life insurance and financial services industries.
  • Litigated an immigration case in which the US Supreme Court held that an agency policy was arbitrary and capricious, only the second time that has happened.
  • Represented a major passenger railroad company as intervenor in an APA action in the Eighth Circuit in defense of a rule promulgated by the Surface Transportation Board.
  • Represented an intervenor and served as co-counsel to a petitioner in a challenge to an FCC order implementing the Telephone Consumer Protection Act.
  • Represented an association of property and casualty insurers in an APA challenge to a rulemaking by the HUD that applied disparate impact analysis under the Fair Housing Act to homeowners insurers.
  • Challenged FERC’s approval of a pipeline lease on the grounds that it was discriminatory and would harm existing pipeline customers.
  • Represented a major financial institution in a federal court challenge to penalties assessed by FERC for alleged manipulation of pricing in wholesale electric energy markets.
  • Obtained a stay of the FCC’s wireless E911 location accuracy requirements from the DC Circuit.
  • Represented Native American tribes in APA suits challenging or defending actions by the DOI, including defending a decision by the DOI to allow a tribe to develop a gaming facility on a parcel of land in California under the Indian Gaming Regulatory Act and to take that land into trust for the tribe under the Indian Reorganization Act.
  • Represented an intervenor in the DC Circuit in its defense of an EPA rule allowing up to 15% ethanol to be blended with gasoline.
  • Challenged a decision by the secretary of HHS to exclude a former executive at a medical device manufacturer from participation in federal healthcare programs based upon his conviction of a strict liability misdemeanor offense as contrary to law and beyond the scope of the secretary’s authority.
  • Litigated multiple APA challenges to decisions by the PTO improperly calculating the length of patent term adjustments.
  • Successfully defended clients in FTC privacy, information security and advertising investigations.
  • Represented a major student loan servicer in enforcement litigation initiated by the CFPB.
  • Represented a company in litigation contesting enforcement of a civil investigative demand issued by the CFPB.
  • Represented an individual former bank employee in administrative enforcement proceedings initiated by the OCC.
  • Challenged the FCC’s application of its indecency policy on several grounds, including the APA, and also challenged the FCC’s children television regulations as contrary to law.
  • Challenged a regulation issued by the Federal Election Commission under the APA.
  • Submitted comments to the FCC on behalf of a communications company in FCC Open Internet rulemaking proceedings.
  • Represented a major prescription drug wholesaler in an APA challenge to a Drug Enforcement Administration order suspending the registration of one of the company’s distribution facilities.
  • Persuaded the Small Business Administration’s Office of Hearings and Appeals to reverse its previous ruling concerning a telecommunications company’s classification under the Small Business Act.
  • Represented a trade association as an amicus, before both the district court and the DC Circuit, in an APA challenge to the FSOC systemically important financial institution designation of a life insurance company.
  • Advised a major life insurance company in connection with its designation as a systemically important financial institution by the FSOC.
  • Represented a major business organization as an amicus in support of a petition challenging the portions of an SEC and Federal Reserve Board rule issued under the Dodd-Frank Act that placed credit-risk-retention requirements on managers of collateralized loan obligations.
  • Prepared comments on behalf of a trade association in response to Notices of Proposed Rulemaking from the US Patent and Trademark Office regarding America Invents Act trials and patent prosecution requirements.
  • Advised a trade association in connection with litigation challenging the DOL overtime rules.
  • Submitted comments on behalf of trade groups regarding a DOJ rulemaking adjusting False Claims Act penalties for inflation.
  • Advised a major national programmer on regulatory and litigation options in connection with the FCC’s set-top-box rulemaking.

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