Covington & Burling lawyers litigate before virtually every federal administrative agency, as well as numerous state and local agencies. We are also frequently involved in U.S. District Court and appellate litigation under the Administrative Procedure Act, attacking or defending agency decisions.
We are familiar with the unique and often unwritten aspects of practice and procedure before each agency and are therefore able to handle both large and small matters efficiently and effectively. A number of our lawyers have served as chief legal officers of federal agencies, including the Departments of Labor and State, the Federal Trade Commission, the Food and Drug Administration, and the Office of Thrift Supervision.
The federal agencies before whom we have appeared (or whose regulatory actions we have litigated) include:
- Banking agencies (OCC, Federal Reserve, OTS, FHFB, FCA)
- Copyright Office
- Department of Agriculture
- Department of Commerce
- Department of Defense
- Department of Health and Human Services
- Department of Interior (including MMS and NOAA)
- Department of Justice
- Department of State
- Department of the Treasury
- Department of Transportation
- Environmental agencies (EPA, OSHA, Department of Interior)
- Federal Communications Commission
- Federal Election Commission
- Federal Energy Regulatory Commission
- Federal Trade Commission
- Food and Drug Administration
- Foreign trade control agencies (BXA, OEE, OAC, Department of Commerce, ODTC
- Department of State, OFAC, Department of the Treasury)
- Internal Revenue Service
- International Trade Commission
- Labor agencies (NLRB, Department of Labor, EEOC)
- Nuclear Regulatory Commission
- Patent and Trademark Office
- Postal Rate Commission
- Securities & Exchange Commission
- Surface Transportation Board
Representative Matters
- Represented oil companies in a lengthy administrative trial challenging decisions by the U.S. Department of the Interior Board of Land Appeals terminating offshore oil and gas leases.
- Represented companies challenging their proposed debarment from participation in US Department of Agriculture programs.
- Represented trade associations and individual companies in "on the record" rulemaking with respect to federal milk price regulations.
- Represented a bank in a Federal Election Commission investigation concerning the handling of presidential campaign accounts and negotiated a favorable settlement with no admission of liability.
- Represented JPMorganChase in SEC and DOJ investigations into the failure of NCFE, a large securitizer of health care receivables.
Accolades
- The Best Lawyers in America (2012-2013)
- Administrative Law: Jennifer Johnson and Robert Long
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