Intellectual Property and Technology
Alternative Dispute Resolution
Antitrust and Unfair Competition
Bankruptcy, Creditor’s Rights and Insolvency-Related Litigation
Business Disputes / Commercial
E-Discovery and Records Compliance
Federal Regulatory and Administrative
Fraud, False Claims and Qui Tam
Government and Public Policy Litigation
Insurance & Financial Institutions
Intellectual Property Litigation
Product Liability and Toxic Torts
Securities / Shareholder Disputes
FEDERAL REGULATORY AND ADMINISTRATIVE: DESCRIPTION
McKenna Long & Aldridge's litigators have extensive experience representing companies in regulated industries in matters involving federal and state constitutional, statutory and regulatory issues. We represent clients in a broad range of agency and court litigation involving challenges to federal and state government policies, rules and regulations. We also defend clients in a wide variety of enforcement actions involving federal and state regulations. Because we team our litigators with practitioners in our Food and Drug, Environmental, Customs and International Trade, Energy, Government Contracts and other regulatory practices, we have the in-house substantive depth to ensure that our clients receive expert representation in any civil or criminal litigation.
Federal Court Challenges to Federal Agency Policies, Rules and Regulations
McKenna Long & Aldridge has longstanding experience and success in federal court litigation challenging federal agency policies, rules and regulations. Two of the firm's founding members, Ashley Sellers and former United States Attorney General Homer Cummings, were instrumental in the development and drafting of the Administrative Procedure Act, which is the cornerstone for judicial review of agency actions. Ever since that time, our ranks have included experts in the complex administrative law doctrines that make the difference between victory and defeat in litigation against the federal agencies. Most recently, our lawyers have represented clients in challenges to informal and formal agency actions involving the Environmental Protection Agency, Food and Drug Administration, Customs Service, Department of the Interior, Department of Defense and various branches of the military, Department of Health and Human Services, Federal Aviation Administration and Department of Education.
Related Litigation
Healthcare
We represent our health care clients in a wide variety of general litigation matters in state and federal courts, as well as before administrative tribunals, throughout the country. We have represented health care providers in cases relating to alleged civil rights violations, false claims and RICO. Our depth of understanding of the entire regulatory scheme allows expert and sophisticated representation in civil and criminal litigation.
Food and Drug Enforcement Proceedings
Our lawyers represent clients in federal enforcement proceedings, including fraud investigations and regulatory hearings, involving the Food and Drug Administration, Drug Enforcement Administration, Federal Trade Commission and the Department of Justice. We also represent clients in state food and drug enforcement matters. Our comprehensive knowledge of the applicable food and drug regulations offers effective representation in matters such as grand jury proceedings, civil injunctive actions, civil penalties actions and seizure actions.
Customs and International Trade
Our lawyers represent clients in litigation in the U.S. Court of International Trade and in related appeals to the U.S. Court of Appeals for the Federal Circuit, in a wide variety of cases involving the Customs and International Trade laws and regulations. Our extensive substantive expertise in Customs and International Trade law and experience with these specialized tribunals, have provided very favorable results for our clients.
Energy Regulation
Our lawyers have appeared as counsel in scores of proceedings before the Federal Energy Regulatory Commission and other federal and state agencies as well as the U.S. Congress on energy matters. We also litigate energy matters in state and federal courts. We have decades of experience in interpreting and applying the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Regulatory Policies Act, the Nuclear Waste Policy Act and numerous other federal and state statutes and regulations governing energy.
Federal Preemption/Products Liability
Our extensive knowledge of the federal regulatory scheme has provided our clients with effective defenses to product liability and environmental claims. Relying on the details of applicable federal regulations, our litigators have been instrumental in developing the federal preemption defense to tort claims, particularly in industries regulated by the Environmental Protection Agency and the Food and Drug Administration. By successfully asserting that regulatory defense, our lawyers have secured dismissals of numerous suits against our clients.
Telecommunications
Our lawyers represent clients in proceedings across the country in hearings before various state utility commissions involving complex questions of telecommunications law. Our knowledge of agency procedure and experience with the telecommunications industry have combined for strong and effective representation in these matters.