- Sectors
- Health Care & Life Sciences
- Health Care Litigation & Investigations
- Administrative & Regulatory Litigation
Administrative & Regulatory Litigation
We combine our industry-leading regulatory and government-facing experience with an award-winning Supreme Court and appellate practice to provide a top-of-the-market practice focused on administrative and regulatory litigation in the Supreme Court, the D.C. Circuit and other courts.
Akin’s administrative and regulatory litigation practice provides full support to clients on a wide range of regulatory agency disputes. The team’s regulatory and government-facing experience spans the breadth of the federal government. From health care to international trade, energy to telecommunications, tax to intellectual property, our market-leading lawyers are lauded year after year in publications such as Chambers, Best Lawyers in America and U.S. News & World Report.
We routinely advise on matters involving judicial review of government regulations, including assisting clients on filing challenges to agency rules and on a full-scale defense of rules and agency actions in federal courts.
The interdisciplinary team is well situated to blend that broad array of regulatory experience with a nationally renowned appellate practice, which Corporate Counsel recently ranked as one of the top three nationwide. Our appellate practice has been a mainstay on The National Law Journal’s “Appellate Hot List,” consistently listed by Chambers and Legal 500 as a leader in the field, and recognized nationally in Tier 1 in the U.S. News & World Report and Best Lawyers’ sixth annual joint ranking of America’s Best Law Firms.
We regularly lead representations in the district courts, courts of appeals and the Supreme Court on the most cutting-edge administrative law issues that clients face today—often in closely watched, precedent-setting cases. Our team integrates comprehensive knowledge of industries and the government entities that regulate them with top-flight appellate advocacy skills to collaborate in front of both agencies and the courts. Akin’s depth, breadth and quality of experience in the intricacies of administrative law is such that clients from around the country regularly seek out our lawyers on the most pressing and high-stakes regulatory matters.
In the wake of COVID-19, Akin has represented live entertainment promoters, operators, venues, talent representatives and movie theaters that were forced to close during the pandemic. The Small Business Administration (SBA) Shuttered Venue Operator Grant (SVOG) program is reflective of the Biden-Harris administration’s increased focused on small businesses.
Akin’s SVOG litigation team has filed 49 suits in the U.S. District Court for the District of Columbia under the Administrative Procedure Act (APA) challenging the SBA’s denial of applications for SVOG financial assistance. To date, our lawyers have successfully overturned 29 SBA decisions, resulting in the award of more than $83 million to our clients.
Our Team
Leading our Supreme Court and appellate team on regulatory and administrative law matters is Pratik Shah, who has argued 15 cases (prevailing in all but three) before the U.S. Supreme Court and dozens more in federal courts of appeals across the country (including the D.C. Circuit). He is ranked among the country’s top appellate litigators by a number of leading publications, noted as “practicing before the highest court in the land on some of the most groundbreaking cases of the 21st century” (Washington Business Journal) and recognized as “incredibly intelligent with a total command of appellate issues” (Chambers USA).
As a former Assistant Solicitor General in the U.S. Department of Justice (DOJ), Pratik has extensive experience litigating cases involving government agencies. Since joining Akin, he has successfully argued two Supreme Court cases raising core administrative law issues, as detailed in the Representative Matters section below.
The team boasts former clerks from the Supreme Court and D.C. Circuit, where the vast majority of administrative law litigation takes place. Partner James Tysse has helped clients prevail in administrative challenges in federal and state courts around the country. Partner Julius Chen has litigated numerous administrative law cases, including more than a dozen in the D.C. Circuit alone, relating to notice-and-comment rulemaking, finality of agency action, arbitrary and capricious review and mandamus relief. Senior Counsel Caroline Wolverton, a veteran of the DOJ’s Federal Programs Branch, has litigated administrative law cases involving a diversity of agencies.
Administrative Law Litigation
Akin regularly briefs and argues administrative law cases before all levels of the federal judiciary, including the U.S. Supreme Court. Those representations cover the gamut of issues associated with federal government regulation, in terms of both substance and procedure.
Our regulatory appeals have involved the Department of Agriculture (USDA), the Department of Commerce, the Department of Health and Human Services (HHS), the Department of the Interior (DOI), the DOJ, the Department of State, the Department of the Treasury, the Department of Veterans Affairs (VA), the Environmental Protection Agency (EPA), the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the Federal Energy Regulatory Commission (FERC), the Internal Revenue Service (IRS), the Patent and Trademark Office (USPTO), the Pension Benefit Guaranty Corp.(PBGC) and the Postal Regulatory Commission (PRC). We also litigate district court cases brought by or against federal agencies.
In addition to its precedent-setting victory in the Allina case, the practice recently secured a significant win in the U.S. Court of Appeals for the 6th Circuit against the FERC arising out of FirstEnergy Solutions Corp.’s multibillion-dollar Chapter 11 proceeding.
Our appellate advocates teamed up with their trade attorneys to intervene in a federal court action by more than 20 state attorneys general seeking to preliminary enjoin rules promulgated by the Departments of State and Commerce. The team successfully persuaded the federal court to tailor a remedy acceptable to all parties.
Our appellate lawyers have a wealth of experience in APA and constitutional issues that cut across industries and agencies, such as notice-and-comment rulemaking strictures and the Article III doctrines of standing, ripeness and mootness.
Regulatory Advice
Beyond directly participating in administrative law litigation, the appellate team is regularly called upon to assist clients in formulating and presenting arguments to federal agencies. By drafting comments in rulemaking proceedings and meeting with key governmental decision-makers, we are able to pursue a favorable administrative outcome for clients, while also laying groundwork that facilitates an efficient transition to litigation if necessary.
Akin’s lawyers are also adept at providing clients with a deeper understanding of regulatory issues. That advice often entails evaluation of potential appeal outcomes, such as the viability of challenges to agency orders or “regulatory takings” claims under the Fifth Amendment.
Representative Matters
Supreme Court
- Advised on Azar v. Allina Health Services, 139 S. Ct. 1804 (2019). Secured a 7 1 victory holding that the federal government violated the Medicare Act’s notice-and-comment rulemaking requirement.
- Advised on Patchak v. Zinke, 138 S. Ct. 897 (2018). Secured a 6-3 victory upholding constitutionality of legislation requiring a dismissal of case against a tribal client and the Department of the Interior.
- Advised on Department of Commerce v. New York, 139 S. Ct. 2551 (2019). Represented Norman Y. Mineta, Fred T. Korematsu Center for Law and Equality and other amici curiae in a case invalidating the Secretary of Commerce’s decision to include a citizenship question on 2020 census.
- Advised on Return Mail Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2019). Represented the Chamber of Commerce as amicus curiae in a case holding that the federal government is not a “person” entitled to seek review of patents through the America Invents Act’s newly created administrative proceedings.
Courts of Appeals
- Representing live entertainment promoters, operators, venues, talent representatives and movie theaters that were forced to close during the COVID-19 pandemic. SVOG litigation team filed 49 suits in the U.S. District Court for the District of Columbia under the APA against the SBA challenging the SBA’s denial of applications for SVOG financial assistance. To date, Akin has successfully overturned 29 SBA decisions, resulting in the award of more than $83 million to our clients. The full impact to wrongfully denied applicants is estimated to be in the hundreds of millions of dollars.
- Represented a large number of clients in litigation seeking SVOG financial assistance litigation. Clients have included Quiet Mind Touring LLC, an entertainment company, Navigare Cruise Partners LLC, a company that organizes live entertainment events on cruise ships and Medieval Times, a medieval-themed family restaurant, to name a few.
- Advised on Fleming v. U.S. Department of Agriculture, No. 17-1246 (D.C. Cir.). Appointed amicus curiae by the D.C. Circuit to defend the constitutionality of a statutory scheme governing removal of administrative law judges.
- Advised on In re FirstEnergy Solutions Corp., 945 F.3d 431 (6th Cir. 2019). Successfully represented a debtor seeking to reject executory power-purchase agreements without Federal Energy Regulatory Commission veto.
- Advised on Alvarez Lagos v. Barr, 927 F.3d 236 (4th Cir. 2019). Obtained reversal in part and vacatur in part of decisions by immigration law judge and Board of Immigration Appeals in a petition by a Honduran mother and child seeking asylum on basis of gender and imputed political opinion.
Trial Courts
- Advised on Washington v. Department of State, --- F. Supp. 3d ----, 2020 WL 1083720 (W.D. Wash. 2020). Following intervention, persuaded the trial court to narrow the scope of injunction of final rules by the Departments of State and Commerce.
- Advised on National Association of Manufacturers v. Department of Treasury, 427 F. Supp. 3d 1362 (Ct. Int’l Trade 2020). Following intervention, successfully challenged the final rules limiting substitution drawback.
- Advised on Brown v. Washington Metropolitan Area Transit Authority, No. 19-02853-BAH (D.D.C. 2020), and Unsuck DC Metro v. Washington Metropolitan Area Transit Authority, No. 19-cv-1242-CJN (D.D.C. 2020). Defeated challenges to major transit agency’s decisions to withhold records under an information access policy.
- Advised on Hertz Corp. v. City & County of San Francisco, No. 19-5663 (Cal. Super. Ct. 2020). Obtained a preliminary injunction against a San Francisco agency’s erroneous interpretation of municipal law.
The interdisciplinary team is well situated to blend that broad array of regulatory experience with a nationally renowned appellate practice, which Corporate Counsel recently ranked as one of the top three nationwide. Our appellate practice has been a mainstay on The National Law Journal’s “Appellate Hot List,” consistently listed by Chambers and Legal 500 as a leader in the field, and recognized nationally in Tier 1 in the U.S. News & World Report and Best Lawyers’ sixth annual joint ranking of America’s Best Law Firms.
We regularly lead representations in the district courts, courts of appeals and the Supreme Court on the most cutting-edge administrative law issues that clients face today—often in closely watched, precedent-setting cases. Our team integrates comprehensive knowledge of industries and the government entities that regulate them with top-flight appellate advocacy skills to collaborate in front of both agencies and the courts. Akin’s depth, breadth and quality of experience in the intricacies of administrative law is such that clients from around the country regularly seek out our lawyers on the most pressing and high-stakes regulatory matters.
In the wake of COVID-19, Akin has represented live entertainment promoters, operators, venues, talent representatives and movie theaters that were forced to close during the pandemic. The Small Business Administration (SBA) Shuttered Venue Operator Grant (SVOG) program is reflective of the Biden-Harris administration’s increased focused on small businesses.
Akin’s SVOG litigation team has filed 49 suits in the U.S. District Court for the District of Columbia under the Administrative Procedure Act (APA) challenging the SBA’s denial of applications for SVOG financial assistance. To date, our lawyers have successfully overturned 29 SBA decisions, resulting in the award of more than $83 million to our clients.
Our Team
Leading our Supreme Court and appellate team on regulatory and administrative law matters is Pratik Shah, who has argued 15 cases (prevailing in all but three) before the U.S. Supreme Court and dozens more in federal courts of appeals across the country (including the D.C. Circuit). He is ranked among the country’s top appellate litigators by a number of leading publications, noted as “practicing before the highest court in the land on some of the most groundbreaking cases of the 21st century” (Washington Business Journal) and recognized as “incredibly intelligent with a total command of appellate issues” (Chambers USA).
As a former Assistant Solicitor General in the U.S. Department of Justice (DOJ), Pratik has extensive experience litigating cases involving government agencies. Since joining Akin, he has successfully argued two Supreme Court cases raising core administrative law issues, as detailed in the Representative Matters section below.
The team boasts former clerks from the Supreme Court and D.C. Circuit, where the vast majority of administrative law litigation takes place. Partner James Tysse has helped clients prevail in administrative challenges in federal and state courts around the country. Partner Julius Chen has litigated numerous administrative law cases, including more than a dozen in the D.C. Circuit alone, relating to notice-and-comment rulemaking, finality of agency action, arbitrary and capricious review and mandamus relief. Senior Counsel Caroline Wolverton, a veteran of the DOJ’s Federal Programs Branch, has litigated administrative law cases involving a diversity of agencies.
Administrative Law Litigation
Akin regularly briefs and argues administrative law cases before all levels of the federal judiciary, including the U.S. Supreme Court. Those representations cover the gamut of issues associated with federal government regulation, in terms of both substance and procedure.
Our regulatory appeals have involved the Department of Agriculture (USDA), the Department of Commerce, the Department of Health and Human Services (HHS), the Department of the Interior (DOI), the DOJ, the Department of State, the Department of the Treasury, the Department of Veterans Affairs (VA), the Environmental Protection Agency (EPA), the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the Federal Energy Regulatory Commission (FERC), the Internal Revenue Service (IRS), the Patent and Trademark Office (USPTO), the Pension Benefit Guaranty Corp.(PBGC) and the Postal Regulatory Commission (PRC). We also litigate district court cases brought by or against federal agencies.
In addition to its precedent-setting victory in the Allina case, the practice recently secured a significant win in the U.S. Court of Appeals for the 6th Circuit against the FERC arising out of FirstEnergy Solutions Corp.’s multibillion-dollar Chapter 11 proceeding.
Our appellate advocates teamed up with their trade attorneys to intervene in a federal court action by more than 20 state attorneys general seeking to preliminary enjoin rules promulgated by the Departments of State and Commerce. The team successfully persuaded the federal court to tailor a remedy acceptable to all parties.
Our appellate lawyers have a wealth of experience in APA and constitutional issues that cut across industries and agencies, such as notice-and-comment rulemaking strictures and the Article III doctrines of standing, ripeness and mootness.
Regulatory Advice
Beyond directly participating in administrative law litigation, the appellate team is regularly called upon to assist clients in formulating and presenting arguments to federal agencies. By drafting comments in rulemaking proceedings and meeting with key governmental decision-makers, we are able to pursue a favorable administrative outcome for clients, while also laying groundwork that facilitates an efficient transition to litigation if necessary.
Akin’s lawyers are also adept at providing clients with a deeper understanding of regulatory issues. That advice often entails evaluation of potential appeal outcomes, such as the viability of challenges to agency orders or “regulatory takings” claims under the Fifth Amendment.
Representative Matters
Supreme Court
- Advised on Azar v. Allina Health Services, 139 S. Ct. 1804 (2019). Secured a 7 1 victory holding that the federal government violated the Medicare Act’s notice-and-comment rulemaking requirement.
- Advised on Patchak v. Zinke, 138 S. Ct. 897 (2018). Secured a 6-3 victory upholding constitutionality of legislation requiring a dismissal of case against a tribal client and the Department of the Interior.
- Advised on Department of Commerce v. New York, 139 S. Ct. 2551 (2019). Represented Norman Y. Mineta, Fred T. Korematsu Center for Law and Equality and other amici curiae in a case invalidating the Secretary of Commerce’s decision to include a citizenship question on 2020 census.
- Advised on Return Mail Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2019). Represented the Chamber of Commerce as amicus curiae in a case holding that the federal government is not a “person” entitled to seek review of patents through the America Invents Act’s newly created administrative proceedings.
Courts of Appeals
- Representing live entertainment promoters, operators, venues, talent representatives and movie theaters that were forced to close during the COVID-19 pandemic. SVOG litigation team filed 49 suits in the U.S. District Court for the District of Columbia under the APA against the SBA challenging the SBA’s denial of applications for SVOG financial assistance. To date, Akin has successfully overturned 29 SBA decisions, resulting in the award of more than $83 million to our clients. The full impact to wrongfully denied applicants is estimated to be in the hundreds of millions of dollars.
- Represented a large number of clients in litigation seeking SVOG financial assistance litigation. Clients have included Quiet Mind Touring LLC, an entertainment company, Navigare Cruise Partners LLC, a company that organizes live entertainment events on cruise ships and Medieval Times, a medieval-themed family restaurant, to name a few.
- Advised on Fleming v. U.S. Department of Agriculture, No. 17-1246 (D.C. Cir.). Appointed amicus curiae by the D.C. Circuit to defend the constitutionality of a statutory scheme governing removal of administrative law judges.
- Advised on In re FirstEnergy Solutions Corp., 945 F.3d 431 (6th Cir. 2019). Successfully represented a debtor seeking to reject executory power-purchase agreements without Federal Energy Regulatory Commission veto.
- Advised on Alvarez Lagos v. Barr, 927 F.3d 236 (4th Cir. 2019). Obtained reversal in part and vacatur in part of decisions by immigration law judge and Board of Immigration Appeals in a petition by a Honduran mother and child seeking asylum on basis of gender and imputed political opinion.
Trial Courts
- Advised on Washington v. Department of State, --- F. Supp. 3d ----, 2020 WL 1083720 (W.D. Wash. 2020). Following intervention, persuaded the trial court to narrow the scope of injunction of final rules by the Departments of State and Commerce.
- Advised on National Association of Manufacturers v. Department of Treasury, 427 F. Supp. 3d 1362 (Ct. Int’l Trade 2020). Following intervention, successfully challenged the final rules limiting substitution drawback.
- Advised on Brown v. Washington Metropolitan Area Transit Authority, No. 19-02853-BAH (D.D.C. 2020), and Unsuck DC Metro v. Washington Metropolitan Area Transit Authority, No. 19-cv-1242-CJN (D.D.C. 2020). Defeated challenges to major transit agency’s decisions to withhold records under an information access policy.
- Advised on Hertz Corp. v. City & County of San Francisco, No. 19-5663 (Cal. Super. Ct. 2020). Obtained a preliminary injunction against a San Francisco agency’s erroneous interpretation of municipal law.
