Practice Areas & Industries: Greenberg Traurig, LLP


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Practice/Industry Group Overview

Greenberg Traurig’s Government Litigation Practice Group reflects the firm’s recognition that litigation against governments can be very different from litigation among private parties. The presence of policy issues, and of special sovereignty-based defenses, privileges and other issues, can pose unique challenges as well as present opportunities throughout the course of a lawsuit. And because of the power that regulatory agencies have over many businesses, the stakes in government litigation can go far beyond the particular issues in dispute. Our government litigation attorneys understand these special challenges and opportunities that can arise in litigation against governmental agencies.

Our team has a wide range of experience litigating against federal and state agencies nationwide. This broad experience with government litigation matters includes regular appearances in trial and appellate courts, and before federal, state and local administrative agencies. Our government litigators also work closely with attorneys from other relevant practices, including Environmental, Real Estate, Public Utilities, Financial Institutions, and Health & FDA Business, as well as those with experience in other heavily regulated fields. These synergies, in addition to our deep trial bench, extend our capabilities in complex regulatory disputes.


Services Available

Our government litigation experience and resources include the following:

Deep Experience in a Broad Range of Government Litigation Matters

  • Constitutional, statutory and other legal challenges to federal and state laws, regulations and government conduct
  • Challenges to the denial of federal, state and local permits, licenses, and legal entitlements
  • Administrative and regulatory litigation before federal and state administrative agencies and on judicial review
  • Regulatory takings claims, and commercial and monetary disputes with government entities
  • Representation of governmental interests to defend or support government action

Offices and Resources Across the Country in Major Government Centers

  • Substantial government litigation capabilities in important state capitals and commercial centers across the country, including Sacramento, Boston, Albany, Denver, Tallahassee, New York, Chicago and Houston
  • Established team of litigators in Washington, D.C., where substantial challenges to federal government programs and conduct are frequently litigated
  • Dedicated, firm-wide litigation practice group with a focus on suing and defending governments, and which is experienced with the special problems and issues involved in such litigation
  • Team of attorneys that includes dozens of former federal and state government litigators, prosecutors and officials with wide-ranging experience litigating government disputes from the inside
  • A nationwide footprint enabling GT to litigate federal and state government issues in forums selected to maximize the prospects for achieving our clients’ objectives, and to provide efficient representation for clients facing related enforcement or investigation matters in multiple jurisdictions
  • Ability to coordinate efforts with GT’s nationwide Government Affairs Practice at both federal and state levels to address government disputes on multiple fronts

Articles Authored by Lawyers at this office:

On Party Line Vote, House Financial Services Committee Passes Six Bills Aimed at Restructuring the CFPB
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 29, 2013
On November 21st, the House Financial Services Committee passed six bills aimed at bringing oversight, accountability and transparency to the CFPB. Committee Chairman Jeb Hensarling (R-TX) called the bills “common-sense bills that bring a modicum of accountability and transparency to the...

How the U.S. Government Shutdown Affects Employers and their Foreign National Workforce
Pamela J. Mak,Rebecca B. Schechter, October 08, 2013
As we head into week two with no end in sight to the congressional impasse, the effects of the federal government’s shutdown continue to take a toll on private industry. For employers, it is important for hiring leaders and human resources professionals to take note of how the non-operation...

Are You Compliant? New Public Records Act Impacts Government Contractors in Florida
Glenn Burhans,Bridget Kellogg Smitha, September 25, 2013
Private entities contracting with governmental agencies should be aware of the newly enacted Section 119.0701, Florida Statutes, which affects the entities’ contractual obligations concerning the maintenance of, and provision of access to, public records. Florida has very broad public...

GAO Report to Congress Calls For Increasing The Consistency of Requirements Upon Medicare Contractors Performing Post-Payment Review of Fee-For-Service Claims
Tracy J. Mabry, September 10, 2013
On August 22, 2013, the United States Government Accountability Office (GAO) publicly released its report of July 23, 2013 to Congress on “MEDICARE PROGRAM INTEGRITY: Increasing Consistency of Contractor Requirements May Improve Administrative Efficiency”. The GAO’s findings and...

Congressional Issues Update - Summer 2013
Diane J. Blagman, August 15, 2013
As part of our continuing effort to provide information on Congressional activities, we are pleased to provide the following updates for the House and Senate.

Illinois Legislature Passes Major Changes to Illinois Employment Laws
Adam Braun,Tiffany S. Fordyce,Michael D. Karpeles, August 08, 2013
When the Illinois General Assembly adjourned the 2013 Spring Session on May 31st, it set the stage for substantial changes to Illinois employment law. The General Assembly sent six employment law related bills to Governor Pat Quinn while leaving one major piece of unfinished business on its agenda....

California Overhauls Business Tax Incentive Legislation
Marvin A. Kirsner,Norman H. Lane,Bradley R. Marsh, July 31, 2013
California has completely overhauled its tax-related economic incentive laws by repealing nearly all existing incentives, and replacing them with a new sales tax benefit and limited income tax incentives, primarily for the manufacturing sector and for certain other businesses located in enterprise...

CFDA Reform - A New Food and Drug Regulator in China
Dawn (Dan) Zhang, July 23, 2013
To deepen government reform and improve government efficiency and transparency, the State Council of the People's Republic of China recently released the Plan for Government Institutional Reform and Function Change (the Restructuring Plan), which was approved by the People’s Congress at its...

Registered Patients Groups May Thrive in China
Dawn (Dan) Zhang, July 23, 2013
In China, many patients suffering from the same disease are spontaneously forming self-help associations to share information on the effective medical treatments for such disease. Similar to the patients’ group in the United States, those associations also help communicate among patients...

New York State Governor Establishes Commission to Investigate Public Corruption
Mark F. Glaser,Joshua L. Oppenheimer, July 18, 2013
On July 2nd, in response to a series of scandals involving public officials, Governor Andrew Cuomo issued an executive order establishing the Commission to Investigate Public Corruption. The Commission has been charged with a broad mission of investigating what the Governor described as...

Update on the 83rd Texas Legislature
April Beggs,Thomas J. Bond,Elizabeth Hadley,Demetrius G. McDaniel, July 05, 2013
The Texas Government Law and Policy section is pleased to provide you with an overview of the major issues of the 83rd Texas Legislature and First Called Special Session. The Texas Legislature meets biannually for 140 days in odd-numbered years. The 83rd Legislative session began on Tuesday,...

SBA Removes Limits on Contracts Eligible for Set-Aside for Woman-Owned Small Businesses
Ryan C. Bradel,John G. Stafford, July 04, 2013
Last month, the Small Business Administration (SBA) enacted rules that removed all dollar limits on government contracts eligible to be set-aside under the Woman-Owned Small Businesses (WOSB) program. Prior to the enactment of the rule, only smaller contracts—manufacturing contracts not...

Two Significant Pieces of Insurance Legislation Passed During the 83rd Texas Legislative Session and How They Will Impact Businesses in Texas
Thomas J. Bond,Elizabeth Ross Hadley,Barry Senterfitt, June 18, 2013
Two pieces of insurance legislation, passed during the 83rd Texas Legislative Session, are of great significance to businesses in Texas. SB 1332 relates to classifying business as small and large employers for health insurance purposes, and SB 734 relates to the creation of captive insurance...

Florida Passes Campaign Finance Reform Law
Hayden R. Dempsey, June 13, 2013
The bill (Chapter 2013-37, L.O.F.) is an omnibus campaign finance bill that makes the following substantive changes:

New York State Adopts Restrictions on Executive Compensation and Administrative Expenditures by Service Providers
Harold N. Iselin,David W. Oppenheim, June 10, 2013
In January 2012, New York’s Governor unveiled a proposal to limit the State’s reimbursement to not-for-profit and for-profit service providers for the administrative costs and the compensation paid to executives. Approximately 16 months later, 13 State agencies announced final adoption...

Colorado Supreme Court Issues Decision Regarding State Education Funding System
Geoffrey N. Blue, June 06, 2013
On May 28, 2013, the Colorado Supreme Court issued an extremely consequential decision upholding Colorado’s education funding system in the case of State v. Lobato. The Lobato case arose because a number of students brought an action for declaratory and injunctive relief against the state...

Senate Passes Bill that Would Allow Tribes to Collect Sales and Use Taxes on Internet Sales
Marvin A. Kirsner,Harriet McConnell, June 03, 2013
The Internet sales tax bill that was recently passed by the Senate includes a provision that would allow tribal governments to require online retailers to collect sales tax on sales to residents of the tribe’s reservation. The same bill would require businesses on Indian reservations to...

DOT OIG Report: Weak and Splintered Management of DBE Program Leaves It “Exposed to Billions of Dollars in Fraud, Waste and Abuse”
Jack S. Gearan,Benjamin B. Tymann, May 24, 2013
The Office of the Inspector General (OIG) of the U.S. Department of Transportation (DOT) has issued a stinging report that is highly critical of DOT’s management of the multibillion-dollar Disadvantaged Business Enterprise (DBE) program. This report, the culmination of an 18-month OIG inquiry...

NIST Establishes New, Comprehensive Cybersecurity Guidelines for Federal Agencies and Commercial Companies
Ryan C. Bradel,Jacob B. Pankowski, May 22, 2013
The agency tasked with establishing cybersecurity standards and guidelines for all federal agencies—the National Institute of Standards and Technology (NIST)—published a major update to its standards late last month, titled NIST Special Publication 800-53 “Security and Privacy...

Florida Adopts Legislation on Public Private Partnerships Expanding Opportunities for Infrastructure Projects
Paul Berkowitz,Agustin G. Corbella, May 18, 2013
The fiscal challenges faced by Florida in recent years have made the political climate more favorable for the use of Public-Private Partnerships (P3s). Recognizing the successful use by the Florida Department of Transportation of its authority under Section 334.30 to help finance, build and operate...

New York Attorney General to Impose Expansive New Disclosure Requirements on Not-for-Profit Organizations Making Political Expenditures
Mark F. Glaser,Joshua L. Oppenheimer, April 30, 2013
The New York State Attorney General (the AG) has proposed broad new regulations which will require not-for-profit organizations filing with the AG’s Charities Bureau to disclose their financial involvement in “New York Elections.” The proposed regulations were first issued in...