Administrative Law

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 experienced team of administrative law experts help clients navigate the maze of these regulations at all phases of the process. We analyze proposed regulations and help clients submit comments, engage with regulatory bodies to resolve potential disputes, seek judicial review of agency regulations, and litigate complicated questions of administrative law.  We have assisted clients in challenges to agency rules implementing a wide range of federal statutory schemes, including the Telecommunications Act, CERCLA and other environmental laws, securities laws, and banking statutes. We have also handled atypical administrative proceedings, such as challenges to federally set copyright royalty rates for commercial webcasting services. And we have represented clients before many federal agencies, including the FTC, FCC, EPA, and DOJ.  We have also represented clients in state administrative and regulatory proceedings. In addition, our appellate litigators have represented clients in administrative law matters and have prepared court of appeals and U.S. Supreme Court amicus briefs on important questions of administrative law.

Below follow representative matters our firm has handled in this area:

  • In Land of Lincoln Mutual Health Insurance Company v. United States, S. Ct. No. 18-1038, the U.S. Supreme Court recently granted the firm’s petition for a writ of certiorari.  The case involves an Illinois health insurer’s claim against the Unites States for over $127 million in payments due under the “risk corridors” program established by the Patient Protection and Affordable Care Act.
  • In West Virginia v. EPA, 136 S. Ct. 1000 (2016), the firm successfully briefed the first-ever U.S. Supreme Court stay of an agency regulation prior to judicial review in the lower courts.
  • The firm recently negotiated a favorable outcome to avoid burdensome taxes imposed on a major ride-sharing company by a municipality in the States of Illinois.
  • Working directly with the Attorney General for the State of Illinois, the firm drafted a proposed amendment to the Illinois Constitution concerning proportional taxes.