Massey & Gail draws on the vast experience of its lawyers, including former federal, state, and local government officials, to advise businesses, public advocacy groups, and other clients on a wide range of regulatory and administrative matters. Government regulation at the federal, state, and/or local level touches nearly every aspect of business activity. Our team of administrative law experts helps clients navigate the maze of these regulations at all phases of the process. We analyze proposed rules and regulations and help clients submit comments, engage with administrative bodies to resolve potential disputes, seek judicial review of rules and regulations, and litigate complicated questions of administrative law.
We assist clients in challenges to agency actions implementing a wide range of federal statutory schemes, including the Telecommunications Act, CERCLA and other environmental laws, securities laws, and banking statutes. We also handle atypical administrative proceedings, such as challenges to federally set copyright royalty rates for commercial webcasting services. And we represent clients before many federal agencies, including the FTC, FCC, EPA, and DOJ. We also represent clients in state administrative and regulatory proceedings. In addition, our appellate litigators represent clients in administrative law matters and have prepared U.S. Supreme Court and court of appeals amicus briefs on important questions of administrative law.
In Land of Lincoln Mutual Health Insurance Company v. United States, S. Ct. No. 18-1038, the U.S. Supreme Court granted the firm’s petition for a writ of certiorari. The case which was argued in the fall of 2019, involved an Illinois health insurer’s claim against the United States for over $127 million in payments due under the “risk corridors” program established by the Patient Protection and Affordable Care Act.
We successfully briefed and secured the first-ever U.S. Supreme Court stay of an agency regulation prior to judicial review in the lower courts, in West Virginia v. EPA, 136 S. Ct. 1000 (2016).
The firm negotiated a favorable outcome to avoid burdensome taxes imposed on a major ride-sharing company by a municipality in the State of Illinois.
We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.
We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.
We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.
We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.