Area of focus

Administrative Procedure Act

Companies in highly regulated industries have an interest in ensuring that federal agencies act lawfully, explain their actions sufficiently, and treat similarly situated entities fairly. The Administrative Procedure Act (APA) keeps federal agencies within these bounds.

The unique nature of APA litigation presents...

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Representative experience

We represented the petitioner in a challenge to an FCC order regarding eligibility for bidding credits in a spectrum auction.

We represented a pharmaceutical company in a challenge to FDA’s denial of orphan drug exclusivity.

We represented the intervenor in a challenge to FERC's approval of a natural gas facility.

We represented the plaintiff in a challenge to CMS's decision to reimburse a biologic as a multiple source drug.

We have represented many pharmaceutical companies in challenges to FDA’s administrative decisions, including denials of various types of exclusivity and approvals of generic drugs.