Holland & Knight's Regulatory and Federal Litigation Team has extensive experience handling complex civil litigation brought by and against the federal government. In this era of heavy regulation and constant governmental change, regulated industries need clarity about litigation options as a means to resolve their disputes with the federal government. Our multidisciplinary team of lawyers litigates matters across the country in federal trial and appellate courts and before administrative law judges on behalf of regulated entities involving the complex regulatory schemes under which they operate. These matters involve defending against regulatory and statutory enforcement actions, challenging the propriety of agency actions under the Administrative Procedure Act and other federal laws, and testing the constitutionality of legislative and regulatory schemes. Depending on their situation, we also advise our clients on how to avoid litigation with the government or prepare for litigation against the government. Our multidisciplinary approach brings together the firm's wealth of experience in dealing with federal agencies and regulatory regimes combined with the substantive trial knowledge and savvy of Holland & Knight’s litigators.
Litigating effectively against the government involves a number of legal issues that are often not present in litigation between private parties. For example, the questions of where, when and how to file suit can implicate issues regarding jurisdiction and sovereign immunity, venue, the ripeness and finality of agency action, exhaustion of administrative remedies, and whether the proper parties can be brought before the court. Litigation strategy also requires assessing agency priorities and decision-making considerations, which are often very different from those of private parties. Our team is keenly attuned to these differences and frames each case accordingly in order to best fulfill each client's goals. We can obtain guidance from attorneys and other professionals in the firm who are alumni of various federal agencies or who deal with the agencies regularly in the course of their work.
To resolve matters in the most effective and efficient means possible for our clients, we assemble a team of lawyers and professionals that combines our subject matter knowledge and experience with our litigation know-how that is best suited for each particular matter. These attorneys and professionals then work closely with members of the firm's well-established teams practicing in a broad range of areas, including healthcare, life sciences, technology, telecommunications, media, environmental, homeland security, immigration, Native American Law, False Claims Act defense, maritime, local governments, energy, transportation, aviation, and fair housing and disability access.
Our Regulatory and Federal Litigation Team represents clients on a wide range of matters including the following:
If you are facing a situation that may require consideration of litigation brought by and against the federal government, depending on a team of lawyers with comprehensive experience in this area is imperative. Every situation is unique and Holland & Knight's Regulatory and Federal Litigation Team is well-prepared to assess all the options and help determine the best approach to meet your short- and long-term goals.
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