Key Contacts
Experience
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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.
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Represented trade associations in APA litigation challenging the Fiduciary Rule promulgated by the DOL to regulate the life insurance and financial services industries.
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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.
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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.
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Represented an intervenor and served as co-counsel to a petitioner in a challenge to an FCC order implementing the Telephone Consumer Protection Act.
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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.
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Challenged FERC’s approval of a pipeline lease on the grounds that it was discriminatory and would harm existing pipeline customers.
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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.
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Obtained a stay of the FCC’s wireless E911 location accuracy requirements from the DC Circuit.
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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.
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Represented an intervenor in the DC Circuit in its defense of an EPA rule allowing up to 15% ethanol to be blended with gasoline.
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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.
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Litigated multiple APA challenges to decisions by the PTO improperly calculating the length of patent term adjustments.
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Successfully defended clients in FTC privacy, information security and advertising investigations.
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Represented a major student loan servicer in enforcement litigation initiated by the CFPB.
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Represented a company in litigation contesting enforcement of a civil investigative demand issued by the CFPB.
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Represented an individual former bank employee in administrative enforcement proceedings initiated by the OCC.
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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.
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Challenged a regulation issued by the Federal Election Commission under the APA.
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Submitted comments to the FCC on behalf of a communications company in FCC Open Internet rulemaking proceedings.
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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.
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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.
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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.
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Advised a major life insurance company in connection with its designation as a systemically important financial institution by the FSOC.
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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.
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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.
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Advised a trade association in connection with litigation challenging the DOL overtime rules.
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Submitted comments on behalf of trade groups regarding a DOJ rulemaking adjusting False Claims Act penalties for inflation.
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Advised a major national programmer on regulatory and litigation options in connection with the FCC’s set-top-box rulemaking.