Government Regulatory & Administrative Law

  • Overview

    At Gordon & Rees, we recognize that federal, state and local regulations and legal requirements can significantly impact our clients’ business operations. Government regulation and enforcement must be understood as a crucial element of corporate strategic planning.  Regulatory and enforcement actions by countless federal and state agencies can impose significant costs, foreclose promising opportunities, and at times pose an enormous threat to a company’s vitality. 

    Understanding the regulatory maze in which government agencies operate is critical to anticipating, meeting, and successfully challenging regulatory and enforcement actions. Our Government Regulatory lawyers bring extensive government experience, crisis management, and complex administrative, strategic planning and litigation skills to bear on difficult government-related issues when they arise, and more importantly, beforehand, when potential issues may be anticipated and overcome. 

    Our Government Regulatory & Administrative Law group includes lawyers with high-level government experience and prior service in top legal, policy and enforcement positions at federal agencies.  Our lawyers include former Department of Justice attorneys, a Special Assistant to the U.S. Secretary of Defense, military attorneys and judges, state securities regulators, high-level assistant attorneys general, and the former Planning Director for the State of California. 

    Whether our clients are facing a major regulatory crisis, engaging in high-stakes litigation involving the government, tasked with responding to government requests for voluminous sensitive information in an investigation or audit, or anticipate complex statutory or regulatory issue in their strategic planning, our attorneys have the requisite strength, substance, and credibility to develop a complete approach to dealing with government-related issues. 

    Our multi-disciplinary Government Regulatory team helps clients across the United States respond to today’s emerging regulatory challenges.  Our approach allows us to draw on the depth of experience in many of our practice groups, including:

    • Antitrust
    • Appellate
    • Aviation
    • Business Transactions
    • Class Actions
    • Drug & Medical Device
    • Energy
    • Environmental Law, including land use planning and review and Toxic Tort
    • ERISA
    • Health Care
    • Insurance
    • Intellectual Property
    • Maritime
    • Privacy, Data & Cybersecurity
    • Securities Litigation
    • Trucking & Transportation
    • White Collar Criminal Defense

    While these practice groups support our Government Regulatory lawyers, a successful government litigation strategy must take into account legal doctrines applicable specifically to litigation involving the government, including sovereign immunity, ripeness, mootness, standing, the availability of pre-enforcement relief, abstention and deference. Our Government Regulatory lawyers have experience in the constitutional, statutory and administrative law that applies uniquely to litigation with or involving governments. We also handle high profile matters brought by private litigants involving causes of actions that are most often brought as government enforcement actions and criminal charges against entities and employees in highly-regulated industries.

    Success 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 draw on the group's knowledge of the issues that arise in government litigation with the substantive capabilities of the firm's regulatory practices.  Thus, we are well positioned to handle complex regulatory, administrative or constitutional litigation involving a broad range of governmental bodies and a vast array of industries.

    In addition to our regulatory litigation expertise, we have extensive experience in government compliance impacting various business sectors, such as the securities, commodities, insurance, banking and healthcare industries. Our lawyers draft compliance policies, supervisory procedures, conduct “mock” regulatory audits and interface with the staff of federal and state agencies, as well as self-regulatory organizations. Our Intellectual Property group helps clients process U.S. Patent and Trademark Office filings. Our Drug and Medical Device experts help clients conform to regulations of agencies such as the Food and Drug Administration and the Healthcare group addresses regulations promulgated by the U.S. Health and Human Services, as well as state regulatory bodies.

    Representative Experience

    • Represent the owners of the largest private water and waste-water utility in Arizona, along with various related trusts and business entities, in defense of a class action lawsuit brought on behalf of all customers seeking to reclaim rates paid as the result of an alleged fraudulently obtained rate increase from the Arizona Corporation Commission.
    • Represent a professional services provider and professional management company in defense of a $75 million claim by the Arizona Corporation Commission that they are affiliates of a Class A utility and thus the operating contract is void for failure to obtain prior approval.
    • Represented a multi-billion dollar US based transportation company on the applicability of the GDPR to its operations.
    • Representation of two multi-million dollar US based not for profit organizations and an online retailer with respect to GDPR compliance.
    • Represented healthcare facilities in government investigations conducted by the U.S. Department of Health and Human Services Office of Inspector General (OIG) and other state fraud units, such as the Colorado Medicaid Fraud Control Unit (MFCU).
    • Assisted ambulatory surgery center (ASC) in appealing to an administrative forum overpayment demands made by a Medicare Administrative Contractor (MAC). 
    • Reversed a $400,000 Department of Homeland Security Administrative Law Judge ruling against the firm's client on appeal to the Ninth Circuit arising from an illegal Immigration and Customs Enforcement raid on the client’s restaurants. The client walked away with a $100,000 attorney fee payment to the client by the government in full resolution of the case. 
    • Represent nonprofit entity in high stakes litigation involving federal criminal causes of action brought by private litigants.
    • Negotiated a felony neglect charge of a long-term care professional to a petty offense plea.
    • Reduced compliance burden and exposure of nationwide client operations in a state audit via early communication with the regulator in order to narrow the scope of records requested.
    • Counseled broker-dealers and investment advisers, as well as commodities brokers, on registration and licensing matters with the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission, FINRA and NFA, and state agencies.
    • Assisted securities, commodities and insurance industry participants with necessary federal and state registration filings, both initial submissions and annual renewals, as well as responding to examinations by federal and state staff (both periodic and initiated by customer complaints).
    • Represented securities underwriters and placement agents with appropriate corporate finance filings and disclosure for public and private offerings, as well as registration exemption filings with federal and state agencies.
    • Advised insurance companies with respect to evolving state regulations and filings required to conduct business in all states.
    • Counseled broker-dealers and their principals on SEC, DOJ and FINRA investigations, and Wells Notices.
    • Successfully negotiated a nominal settlement payment in response to a $3+ Billion claim brought by the Michigan Attorney General against a textile recycling client accused of falsely soliciting clothing donations on behalf of a local charity.
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