Public Policy and Law: Administrative Law
In today’s ever-evolving regulatory landscape, it can be challenging to navigate the vast administrative state that touches nearly every aspect of business and daily life. Our Administrative Law practice helps clients at each stage of the government policy life cycle, including all aspects of district and appellate court administrative litigation. Lawyers in the firm have been involved in hundreds of Administrative Procedure Act (APA) and other cases—both on behalf of and against the government. The firm’s experience in the early stages of administrative matters—including legislative drafting in Congress and regulatory action before federal departments and agencies—combined with the industry-specific knowledge of a large global law firm offers a full-circle perspective on administrative actions involving the US federal government.
Our Washington, D.C., office sits at the center of federal administrative law in the United States—in the shadow of the White House and federal departments and agencies; near Capitol Hill and the Congress; and blocks away from the federal courts that are home to a steady stream of administrative law cases, including recent landmark rulings from the US Supreme Court.
Administrative Litigation
The firm’s administrative litigation experience is broad and deep—with experienced lawyers who have worked inside the government and out on hundreds of APA controversies, including industry-specific knowledge in many sectors. Our lawyers have focused heavily on the implications of landmark Supreme Court decisions impacting administrative law, including the 2024 Loper Bright Enterprises v. Raimondo decision, which overturned the landmark Chevron framework that has governed large swaths of administrative law for decades.
Regulatory Action
The foundation for successful administrative litigation is often laid during the regulatory process, when government agencies and departments implement laws enacted by Congress. Cases under the APA are often won or lost during the regulatory process. Our lawyers bring vast experience on regulatory matters, ranging from full notice and comment rulemakings to less formal subregulatory policy actions. Many of our lawyers draw on previous in-house federal agency experience when pursuing regulatory results for clients.
Legislative Activities
The administrative law process, of course, begins with the enactment of laws in Congress. Our firm is home to one of the oldest and largest public policy groups in the United States. Our professionals have hundreds of years of collective service, including experience as members of Congress, committee counsel, congressional staffers, and others. The firm has significant experience in legislative drafting and related tools of statutory construction, which form the baseline on which administrative law actions begin.
We embrace the concept of the “three-dimensional chessboard,” where actions by the judicial, executive, and legislative branches are interrelated. An action by one often affects the others. For example, skilled legislative drafting today can bear fruit in litigation results years later. Wise use of the regulatory process can set the stage for litigation success or even eliminate the need for it later. We believe that the best administrative law practices understand and appreciate the full interplay of the multiple parts of the public policy life cycle as they seek to help their clients achieve their goals and objectives.
