Administrative & Regulatory Litigation

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.

Our Team

Leading our Supreme Court and appellate team on regulatory and administrative law matters is Pratik Shah, who has argued 18 cases 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). He has also been elected into the American Academy of Appellate Lawyers.

As a former Assistant Solicitor General in the U.S. Department of Justice, 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: Azar v. Allina Health Services, a case interpreting the Medicare Act’s special notice-and-comment rulemaking provision, and Patchak v. Zinke, a case concerning whether a federal statute requiring federal courts to “promptly dismiss” a pending lawsuit violates the separation of powers. Pratik also serves on the D.C. Circuit’s Advisory Committee on Procedures and was recently appointed by that court as amicus curiae in a major constitutional challenge to administrative law judges. 

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. James represented the Beer Institute in its successful challenge to a final rule promulgated by the Departments of Treasury and Homeland Security in the Court of International Trade and represented Hertz Corporation in obtaining a preliminary injunction in connection with a San Francisco agency’s faulty interpretation of local law.

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. One series of appeals resulted in the Federal Aviation Administration granting the first-ever commercial pilots’ medical certifications to insulin-treated diabetics.

Senior Counsel Caroline Wolverton, a veteran of the U.S. Department of Justice’s Federal Programs Branch, has litigated administrative law cases involving a diversity of agencies. Since joining Akin, she has helped health care entities successfully challenge decisions of the Department of Health and Human Services and successfully defended a major transit agency’s denials of petitions for access to agency records.

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.

Akin’s regulatory appeals have involved the Department of Agriculture, the Department of Commerce, the Department of Health and Human Services, the Department of the Interior, the Department of Justice, the Department of State, the Department of the Treasury, the Department of Veterans Affairs, the Environmental Protection Agency (EPA), the Federal Aviation Administration, the Federal Communications Commission, the Federal Energy Regulatory Commission, the Internal Revenue Service, the Patent and Trademark Office, the Pension Benefit Guarantee Corp. and the Postal Regulatory Commission. 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 Federal Energy Regulatory Commission 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.

Akin’s appellate lawyers have a wealth of experience in Administrative Procedure Act 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.