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Greenberg Traurig, P.A.


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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.


 

Services Available

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

 
 
Articles Authored by Lawyers at this office:

Florida Legislative Alert
Fred W. Baggett, Hayden R. Dempsey, Ronald C. LaFace, Agustin Corbella, Leslie Foy, May 29, 2009
The 2009 Florida Legislative Session culminated on Friday, May 8, after a tumultuous 60-days, plus one-week extension, focused on wrestling with the staggering effects and plan for addressing a historic budget deficit within the state.

Limitations on Executive Compensation Paid by Financial Institutions Receiving TARP Assistance
Carl A. Fornaris, Steven B. Lapidus, April 08, 2009
The Emergency Economic Stabilization Act of 2008 (EESA) contains several important provisions affecting executive compensation.

New Whistleblower Protections under ARRA
Jacob B. Pankowski, Emily C. Parker, April 03, 2009
Significant provisions providing for the protection of whistleblowers are contained in the American Recovery and Reinvestment Act of 2009 (ARRA or the "Act").

Treasury Department's $500 Billion to $1 Trillion Public-Private Investment Program
Mark I. Michigan, Dmitry G. Ivanov, April 03, 2009
On March 23, 2009, the U.S. Department of the Treasury released details of the Public-Private Investment Program, designed to repair bank balance sheets and restart certain securities markets through the purchase of "legacy" real estaterelated loans and eligible residential and commercial...

Auto Suppliers Thrown Slim Lifeline
Nancy A. Mitchell, Luis Salazar, Diane E. Vuocolo, April 01, 2009
On March 19, 2009, the Treasury Department announced its eagerly awaited aid program for auto parts suppliers, or the "Supplier Support Program."

Employee Free Choice Act Introduced in Congress
Joseph W. Ambash, Jeffrey M. Burns, Justin Keith, Terence P. McCourt, Paul Murphy, March 30, 2009
On March 10, 2009, legislation was re-introduced in the House and Senate that would sweepingly revise the National Labor Relations Act (NLRA) to give organized labor unprecedented power over businesses.

H.R.1: American Recovery and Reinvestment Tax Act of 2009 --- A Summary of the Key Bond and Credit Provisions
Michael L. Lehr, Vanessa Albert Lowry, Jessica S. Powers, Timothy D. Wolfe, March 30, 2009
On February 17, 2009, the President signed the American Recovery and Reinvestment Tax Act of 2009 (the "Act") into law.

The Stop Tax Haven Abuse Act: Indications of Future Changes in International Tax Landscape
Artem Fokin, Mary F. Voce, Kenneth Zuckerbrot, March 30, 2009
On March 2, 2009, Senator Carl Levin (D-MI) introduced the Stop Tax Haven Abuse Act in the Senate and Representative Lloyd Doggett (D-TX) introduced a companion bill in the House of Representatives (together, the "Bill").

Energy and Environmental Provisions in the Stimulus Package
Reed D. Rubinstein, Barry A. Weiss, Steven Mulder, March 23, 2009
This GT Alert summarizes the key energy and environmental provisions in the American Recovery and Reinvestment Act of 2009 (H.R. 1).

President Obama Authorizes Major Changes to Federal Procurement Rules
Jacob B. Pankowski, Kate Bouquard, March 23, 2009
As part of the administration's plan to jumpstart the American economy, on March 4, 2009, President Obama signed a Memorandum for the Heads of Executive Departments and Agencies on Government Contracting (the Presidential Memorandum) which orders significant changes to government contracting aimed...

Changes to Health Care Privacy Rules
Eleanor (Miki) A. Kolton, Nancy E. Taylor, March 16, 2009
Congress, as part of the American Recovery and Reinvestment Act of 2009 (known as the Stimulus Package) included significant funding for providers to adopt health information technology to improve the administrative efficiency of health care services.

Limit Liability and Achieve a Competitive Advantage -- The Win-Win of SAFETY Act Certification
Heather J. Meeker, Jacob B. Pankowski, David Goodwin, March 16, 2009
The SAFETY Act, the most pervasive tort reform legislation ever enacted in the United States, is only now fully hitting its stride.

President Obama Executive Order Encourages Use of Project Labor Agreements on Federal Construction Projects
Terence P. McCourt, Shane Muñoz, March 16, 2009
On February 6, 2009, President Obama signed an Executive Order, effective immediately, permitting agencies of the federal government to require contractors and subcontractors on large-scale construction projects to use Project Labor Agreements.

Stimulus Legislation Makes Significant Changes to Continued Health Coverage under COBRA
Jeannette M. Brook, Ian A. Herbert, Magan Ray, March 16, 2009
The American Recovery and Reinvestment Act of 2009 (ARRA), which was signed into law on February 17 by President Obama, contains two provisions that facilitate, at least temporarily, the ability of workers adversely affected by the current economic crisis to obtain health coverage for themselves...

Summary of the Major Health Care Provisions Included in the Recently Passed American Recovery and Reinvestment Act of 2009
Robert P. Charrow, Nancy E. Taylor, Holly Feraci , Nan North, March 16, 2009
On January 28, 2009, the House passed the bill 244-188. The Senate received the House bill, then substituted their own measure, and proceeded to debate and amend the bill.

Auto Industry Gains Some Benefits from the Stimulus Package
Nancy A. Mitchell, Luis Salazar, Diane E. Vuocolo, March 13, 2009
The recently passed American Recovery and Reinvestment Act of 2009, or the "ARRA," will provide some much needed but mostly indirect benefits to the auto industry. Below is a short summary of these provisions.

Another Gift from the Obama Administration: Use of New Form I-9 Delayed Until April 3, 2009
Dawn M. Lurie, February 26, 2009
The U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), just announced that it is extending the effective date of its interim final rule "Documents Acceptable for Employment Eligibility Verification" for 60 days in an effort to provide DHS an...

Critical 2009 Compliance and Travel Updates
Dawn M. Lurie, February 26, 2009
In light of the Obama administration's directive to freeze all pending federal regulations until the new team has vetted them, on January 27, 2009 the government agreed to extend the effective date of the Federal Contractor E-Verify mandate to May 21, 2009.

Fannie Mae Announces New Condominium Project Requirements and Mandatory Project Review for All New Condominiums in Florida
Gil Rudolph, Daniel P. Wurtenberger, February 26, 2009
The number of delinquent loans secured by residential condominium units is at a historic high, particularly in Florida.

Fast-Track Patents: Accelerated Patent Applications Really Do Work
, February 26, 2009
In the United States, the process for securing patents has become drawn out and difficult - to the point that inventors and owners of technology are growing disillusioned with the patenting process.

New RESPA Rule Challenged in Court - HUD Delays 'Required Use' Effective Date
Gil Rudolph, Julie Rystad, Thomas Jankowski, February 26, 2009
On November 17, 2008, the U.S. Department of Housing and Urban Development (HUD) adopted a final rule implementing the federal Real Estate Settlement Procedures Act (12 U.S.C. §§ 2601 et seq.), commonly known as RESPA.

Newly Issued Executive Orders Target Federal Contractors
Sean M. Connolly, Dorn C. McGrath, Richard Moorhouse, February 26, 2009
On January 30, 2009, President Obama issued three Executive Orders (EOs) that were published in the Federal Register this week.

Defense Year -- 2009
Joseph Corrigan, January 30, 2009
The decision by President-elect Obama to retain Secretary of Defense Robert Gates suggests continuity in policy and programs.

Treasury Releases Responses to Congressional Oversight Panel
Douglas C. Atnipp, Fred W. Baggett, Carl A. Fornaris, Nancy A. Mitchell, January 30, 2009
On December 31, the Treasury released responses to questions posed in the Congressional Oversight Panel's first report on implementation of the Emergency Economic Stabilization Act.

Treasury Releases Troubled Asset Relief Program Report and Emergency Economic Stabilization Report
Douglas C. Atnipp, Fred W. Baggett, Carl A. Fornaris, Nancy A. Mitchell, January 30, 2009
On January 6, the Treasury released its report on TARP activity, pursuant to Section 105(a) of the Emergency Economic Stabilization Act (EESA), covering the 30-day period beginning December 1, 2008, including activities occurring on December 31, 2008.

New Immigration Requirements for Federal Contractors
Dawn M. Lurie, Dorn C. McGrath, December 21, 2008
Over 17 months have passed since Department of Homeland Security Secretary Michael Chertoff expressed his frustration with Congress' inability to pass comprehensive immigration reform to a room full of stakeholders.

Illinois Employers Must Report Pornography Discovered on Employees' Computers
Ruth A. Bahe-Jachna, Tiffany S. Fordyce, December 11, 2008
The Illinois Abused and Neglected Child Reporting Act (325 ILCS 5/1 et seq.) was amended on August 29, 2008, to require employers to report certain pornography discovered on their work computers to the authorities.

Maryland Enacts Broad Flexible Leave Law
Maria E. Hallas, Shane T. Muñoz, December 11, 2008
On October 1, 2008, the Flexible Leave Act (FLA) took effect in Maryland.

Government Contractors Must Now Self-Report Violations
Jacob B. Pankowski, Dorn C. McGrath, Sean M. Connolly, December 09, 2008
Effective December 12, 2008, the government-wide acquisition regulation (FAR) will mandate all government contractors to disclose certain violations of federal criminal law and the civil False Claims Act "in connection with the award, performance, or closeout of a Government contract or a...

Colorado's Amendment 54 Bans Campaign Contributions from Certain Government Contract Holders
Douglas H. Benevento, Larry G. Hudson, Penfield W. Tate, Douglas J. Friednash, December 03, 2008
On November 4th, Colorado voters narrowly passed an amendment to the Colorado Constitution that bans certain holders of contracts with the state or any of its political subdivisions, totaling in the aggregate $100,000 or more, from making a contribution to a political party or for the benefit of...

2008 California Election Wrap-Up
Parke Terry, December 01, 2008
Although the Obama-Biden ticket captured 61.3 percent of the popular vote in California, their landslide victory did not give Democrats the hoped for two-thirds supermajorities in the State Senate or Assembly.

2008 Election Overview: A Look Ahead to the 111th Congress
Alan Slomowitz, Diane Blagman, Michael Williams, December 01, 2008
The 2008 elections dramatically changed the balance of power in Washington, D.C. For the first time in 16 years, the Democratic Party will control both Congress and the White House.