Administrative Law

Overview

Our Administrative Law Team challenges adverse agency actions on behalf of companies and industry trade associations in agency proceedings and federal and state trial and appellate courts, as well as before the U.S. Supreme Court. When agency actions that benefit our clients are challenged by others, we intervene or file amicus briefs to defend those actions. Our attorneys are experts in the claims and remedies available under the Administrative Procedure Act (APA) and have extensive experience litigating the complex administrative law doctrines that determine the outcome of these cases.

Our team includes lawyers from across the firm’s regulatory and litigation practices, including a number who have served in senior positions at a broad range of federal agencies (such as the DOJ, FDA, HHS, EPA, and FTC) and in state attorney general offices.

Experience

• Represented an importer in an APA challenge to Food and Drug Administration import restrictions.
• Represented a nonprofit organization in an APA challenge to a Department of Agriculture regulation restricting food assistance benefits.
• Represented a Native American tribe in an APA challenge to Treasury Department decisions allocating $4.8 billion in federal funds for pandemic relief.
• Represented a hospital trade association as amicus curiae in an APA challenge to a Department of Health and Human Services regulation governing Medicaid payments to disproportionate-share hospitals.
• Represented a long-term care association as amicus curiae in an APA challenge to a Department of Health and Human Services regulation governing Medicare rates for clinical laboratories.
• Represented a drug manufacturer in an APA challenge to a Food and Drug Administration decision rescinding a drug approval.
• Represented a state agency in an APA challenge to a Food and Drug Administration restriction on imported drugs.
• Represented a drug manufacturer in an APA challenge to a Food and Drug Administration therapeutic equivalence classification.
• Represented an intervenor trade association in an APA challenge to a Department of Agriculture regulation concerning financial assessments to support farmers.
• Represented a trade association in an APA challenge to a Department of Defense rule governing pharmaceutical procurement.
• Represented an exporter in an APA challenge to a Treasury Department delay in issuing an export license.
• Represented the Secretary of the Interior in contempt of court charges in an APA case.
• Government contracts counsel to a Fortune 1000 company for preventing disclosure of privileged commercial information in response to a third-party Freedom of Information Act request.
• Represented a consortium of annuity marketing organizations in APA litigation against the Department of Labor involving transaction exemptions prohibited by ERISA and the Internal Revenue Code promulgated in 2016 as part of the new Department of Labor fiduciary rule regulatory regime later vacated through separate litigation.
• Defended the Department of Agriculture in an APA challenge.
• Represented an academic medical center in a qui tam lawsuit resolved in a favorable settlement with the government and relator and in related open records act disputes.
• Represented health care providers in disputes related to their use and retention of COVID-19 funds received through the Provider Relief Fund and Uninsured Program.
• Represented managed care organizations challenging Centers for Medicare & Medicaid Services payment regulations and determinations.
• Represented an international produce company in an APA challenge to an import alert.
• Represented a device manufacturer in an APA challenge to an import alert.