Strategic Litigation & Counseling
Our work on complex constitutional, statutory, and regulatory issues extends to trial practice and pre-litigation counseling. We have brought constitutional and statutory challenges to major federal and state initiatives and have prepared many white papers and memoranda addressing the legality of proposed laws or rules. We routinely consult with clients on legal issues before litigation is underway and frequently represent clients in dispositive motions practice in litigation involving high-stakes or novel legal disputes.
While much of our strategic counseling work is confidential, representative matters handled by our attorneys include:
Regeneron v. HHS (S.D.N.Y.): Successfully represented Regeneron in an APA challenge to the HHS’ “most-favored nation” drug-pricing rule. We obtained a preliminary injunction preventing the proposed rule from going into effect, and HHS eventually withdrew the rule after a change in administrations.
The Blockchain Association: successfully represented the Blockchain Association in connection with a potential challenge to a proposed Treasury Department rule, providing legal assistance that helped lead the agency to withdraw the proposal
McDougal v. Fox News Network (S.D.N.Y): secured dismissal of a defamation claim as barred by the First Amendment
North Carolina v. Alcoa (E.D.N.C): successfully represented Alcoa at all stages of litigation over the rights to submerged lands underlying a hydropower project