Practice Areas & Industries: Greenberg Traurig, LLP


Group Profile Lawyers in this Group Offices Locations for this Group

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.

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


Services Available

Articles Authored by Lawyers at this office:

FINRA's 2017 Annual  Regulatory and Examination Priorities
William B. Mack,Terry R. Weiss, February 01, 2017
On Jan. 4, 2017, FINRA released its 12th annual Regulatory and Examination Priorities Letter in which it identifies its areas of examination focus for 2017, recurring challenges faced by firms, and possible risks impacting the financial sector. FINRA’s 2017 exam priorities do not appear to be...

Digital Single Market Update: Official Draft EU Copyright Directive and Regulation Published
Viola Bensinger,Christoph Enaux,Stefan Lütje, December 21, 2016
On September 14, the EU Commission published its proposals for a new Copyright Regulation and Copyright Directive. The proposals are part of the Commission's strategy for a Digital Single Market, which was announced in May 2015 and first substantiated by an action plan for modernizing European...

Digital Single Market Update: Draft EU Copyright Directive and Regulation Leaked
Viola Bensinger,Christoph Enaux,Stefan Lütje, September 22, 2016
On Sept. 1, first drafts of an EU Copyright Directive and an EU Copyright Regulation, along with accompanying documents, were leaked to the public. The drafts are part of the European Commission's strategy for a Digital Single Market, which was announced in May 2015 and first substantiated by an...

CEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews
Francesca Ciliberti-Ayres,Howard L. Nelson, August 16, 2016
On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. CEQ issued the guidance in an endeavor...

NYS Department of Financial Services Adopts Final Rule Imposing Enhanced BSA/AML Compliance Standards on Financial Institutions
Michael A. Berlin,Carl A. Fornaris,Harold N. Iselin,William B. Mack,Niall E. O'Hegarty, July 28, 2016
On June 30, 2016, the New York State Department of Financial Services (DFS or the Department) announced its adoption of the final version of its new regulation (the Final Rule) setting forth the required elements of “Transaction Monitoring and Filtering Programs” maintained by New York...

The eIDAS Regulation: Introducing New Electronic Signature Rules
Viola Bensinger,Carsten Kociok,Stefan Lütje, July 22, 2016
On 1 July 2016, new rules for electronic signatures and other electronic trust services under the 2014 eIDAS Regulation will become effective in all member states of the European Union. Since it is a regulation, no implementation into the national laws will be necessary.

EU Network and Information Security Directive Expected to Enter into Force August 2016: Will Your EU Operations be Affected?
Ian C. Ballon,Viola Bensinger,Luke Dixon,Françoise Gilbert,Lori S. Nugent, July 07, 2016
The European Parliament is expected to adopt the Network and Information Security Directive (the NIS Directive) during its plenary session in early July, following which the NIS Directive should enter into force August 2016. Each EU Member State (Member State) will then have 21 months to implement...

First fines imposed in Germany on companies for still relying on Safe Harbor
Viola Bensinger,Carsten Kociok, July 07, 2016
On June 6, 2016, the Hamburg Commissioner for Data Protection imposed fines on three internationally operating companies for still relying on Safe Harbor as the basis for their data transfers to the U.S.

The Defend Trade Secrets Act of 2016
Kurt A. Kappes,Richard C. McCrea, May 30, 2016
On April 27, 2016, Congress passed the “Defend Trade Secrets Act of 2016.” The Act (the DTSA) passed the House by a vote of 410 to 2. The bill passed the Senate April 4, 2016, by a vote of 87 to 0. Congress enacted the DTSA largely due to its concerns about Chinese espionage and online...

Does FERC’s Denial of Authority to Construct Jordan Cove Signal a More Rigorous Test for Future LNG Projects?
Gus Howard,Kenneth M. Minesinger,Howard L. Nelson, April 14, 2016
On March 11, 2016, the Federal Energy Regulatory Commission (FERC) denied an application by Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to...

Regulation of Bisphenol A (BPA) Will Soon Affect Consumer Products Distributed in California - Comments on Regulation due April 29, 2016
Anthony J. Cortez,Maria C. Garcia,Greg Sperla, April 07, 2016
Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the Proposition 65 list on May 11, 2015, as a chemical known to cause reproductive toxicity. Effective May 11, 2016,...

Details of EU-U.S. Privacy Shield Revealed - What Does the Future of Transatlantic Data Transfer Look Like?
Viola Bensinger,Françoise Gilbert, March 14, 2016
On Feb. 29, 2016, the EU Commission and the U.S. government published the long-awaited legal documentation that will put in place the new EU-U.S. Privacy Shield. Once enacted, the EU-U.S. Privacy Shield will replace the former Safe Harbor regime for the transfer of personal data from the EU1 to the...