John Cooney focuses on economic regulatory, administrative, and constitutional litigation involving federal agencies at the trial and appellate levels. His areas of experience include financial services, white collar defense, environment, and separation of powers. Mr. Cooney has 35 years of experience in regulatory policy making and regulatory litigation. He served as Assistant to the Solicitor General, Department of Justice, and as Deputy General Counsel for Litigation and Regulatory Affairs, Office of Management and Budget. Mr. Cooney served as counsel for OMB's Office of Information and Regulatory Affairs, which reviews agency regulations on behalf of the President, and was involved in policy disputes involving legal interpretation of most major federal regulatory statutes. Significant Matters Argued and obtained preliminary injunction against moratorium issued by the Secretary of the Interior prohibiting offshore deepwater drilling, Hornbeck Offshore Services v. Salazar, 696 F.Supp.2d 627 (E.D. La. 2010). Financial Services and Securities Litigation Represented the Republic of France in defense of criminal investigation of Crédit Lyonnais, United States v. Crédit Lyonnais in Executive Life matter, C.D. Cal., No. CR 03-760. Represented former executive of Riggs Bank in Congressional, criminal, and regulatory proceedings related to money-laundering by foreign officials. Represented the former chief executive officer of a major investment bank in shareholder derivative litigation pending in the Southern District of New York concerning management of the company. Represented the Special Litigation Committee of the Bank of New York in investigation of alleged money laundering by its Russian correspondent banks in connection with shareholder derivative litigation in the Southern District of New York. Represented Fannie Mae in rulemakings and regulatory implementation issues involving affordable housing rules issued by the Department of Housing and Urban Development. Represented America's Community Bankers in opposing proposed rule by Federal Housing Finance Board concerning capital of Federal Home Loan Banks. Represented National Association of Federal Credit Unions in American Bankers Ass'n v. National Credit Union Administration, 38 F.Supp.2d (D.D.C. 2000) and 93 F.Supp.2d 35 (D.D.C. 2000) (field of membership of credit unions). Appellate Litigation Successfully argued against Department of Interior's Motion for a stay pending appeal in Hornbeck Offshore Services, Inc. v. Salazar, (5th Cir. 2010) (No. 10-30585) (deepwater drilling moratorium). Hettinga v. United States, 560 F.3d 498 (D.C. Cir. 2009) (Overturned District Court decision dismissing Bill of Attainder challenge to federal statute). Chase v. Public Defender Service, 956 A.2d 67 (D.C. 2008) (Successfully argued that PDS is a hybrid federal entity not subject to D.C. government personnel laws). Petties v. District of Columbia, D.C. Circuit, No. 06-7074 (May 1, 2007) (Vindicating authority of court-appointed Transportation Administrator under consent decree concerning transportation of special needs students to public schools). Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., S.Ct. No. 09-1159 (Amicus brief for Senator Birch Bayh on application of Bayh-Dole Act). Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) (Application of Title IX to retaliation claim). National Credit Union Administration v. First National Bank, 522 U.S. 479 (1998) (Field of membership). Bowsher v. Synar, 478 U.S. 714 (1986) (Constitutionality of Gramm-Rudman-Hollings Act). Plyler v. Doe, 457 U.S. 202 (1982) (Constitutional right of undocumented alien children to public education). Environmental Chlorine Chemistry Council v. EPA, 206 F.3d 1286 (D.C. Cir. 2000) (standard for non-threshold carcinogen under Safe Drinking Water Act). Represented Salt River Project in negotiation with EPA over installation of sulfur dioxide scrubbers for power plant built on the rim of the Grand Canyon. Pharmaceuticals Represented generic drug manufacturer in litigation concerning FDA marketing approval: Mylan Pharm. Inc. v. Henney, 94 F.Supp.2d 36 (D.D.C. 2000); on appeal, Pharmachemie, B.V. v. Barr Laboratories, 276 F.3d 627 (D.C. Cir. 2002) (tamoxifen) Mylan Pharmaceuticals, Inc. v. Thompson, No. 01-1554 (4th Cir.) (nifedipine) Teva Pharmaceuticals, Inc. v. Thompson, 182 F.3d 1003 (D.C.Cir. 1999); aff'd after remand, 2000 WL 183303 (D.C. Cir., Nov. 15, 2000) (ticlopodine) Purepac Pharmaceutical Co. v. Friedman, 162 F.3d 1201 (D.C. Cir. 1998) (ticlopidine) Mova Pharmaceutical Corp. v. Shalala, 140 F.3d 1060 (D.C. Cir. 1998) (glyburide) Activities Mr. Cooney has been appointed a Public Member of the Administrative Conference of the United States and is Chairman of its Committee on Administration and Management. He is a former member of the Council of the Administrative Law Section, American Bar Association. Industries Financial Services Pharmaceuticals Government Experience Deputy General Counsel for Litigation and Regulatory Affairs, Office of Management and Budget Assistant to the Solicitor General, United States Department of Justice News January 23, 2012, John Cooney quoted in the Washington Post on potential for sequestration January 20, 2012, John Cooney quoted in Washington Technology on potential sequestration impact on contractors January 19, 2012, John Cooney quoted in Federal Computer Week on the impact of sequestration on federal contracts January 19, 2012, John Cooney quoted in Government Executive on the impact of automatic defense on contractors December 13, 2011, John Cooney successfully presents recommendation to the Administrative Conference of the United States to reform agency incorporation process September 14, 2011, 75 Venable attorneys listed in The Best Lawyers in America® 2012 August 24, 2011, John Cooney honored as the Featured Member of the Administrative Conference of the United States August 22, 2011, Venable submits amicus brief to U.S. Supreme Court on Sixth Amendment rights July 22, 2011, John Cooney quoted in Bloomberg Government on the debt ceiling April 11, 2011, John Cooney quoted in GovernmentExecutive.com April 8, 2011, John Cooney quoted in CNN about Blackberry usage during government shutdown April 8, 2011, John Cooney quoted in numerous media outlets regarding the effects of a government shutdown April 6, 2011, Defense News quotes John Cooney on military operations in the event of a government shutdown April 6, 2011, John Cooney interviewed on the impacts of a government shutdown April 1, 2011, John Cooney participates in Washington Post Q&A on government shutdowns March 4, 2011, National Journal features John Cooney in an article discussing a possible government shutdown March 1, 2011, John Cooney quoted in Law360 article regarding threat of government shutdown February 23, 2011, Venable team led by Robert Ames and Lesley Pate Marlin wins landmark ruling in challenge to arbitration award for WMATA January 31, 2011, Venable and Public Justice Center defeat attempt to terminate three-decade long Baltimore City foster care class action January 14, 2011, Venable team files Amicus Brief for Senator Bayh in support of Bayh-Dole Act in Stanford v. Roche November 9, 2010, John Cooney quoted in a mid-term report on the Obama Administration October 21, 2010, Venable team files amicus brief in Supreme Court in eBay counterfeiting case October 6, 2010, John Cooney named to newly revitalized Administrative Conference of the United States September 2, 2010, Venable and Jones Walker deliver another deepwater drilling win for Hornbeck Offshore Services July 13, 2010, John Cooney and co-counsel beat back federal deep water drilling moratorium in Fifth Circuit July 9, 2010, Federal Appeals Court decides in favor of Venable, Jones Walker on deepwater drilling moratorium June 23, 2010, Venable and Jones Walker win preliminary injunction against federal deepwater drilling moratorium June 14, 2010, Venable Client FreeEats.com Wins First Amendment Case May 7, 2010, John Cooney quoted extensively in WebCPA internet sales tax article March 29, 2010, John Cooney discusses implications of pending Amazon.com sales tax case in Friday Report March 26, 2010, John Cooney discusses implications of pending Amazon.com sales tax case in Friday Report July 23, 2009, Inside Counsel quotes John Cooney on Obama's review of preemption clauses July 20, 2009, Second Circuit hears oral argument in landmark Tiffany v. eBay case July 17, 2009, Compliance Week quotes John Cooney on Cuomo v. Clearing House July 15, 2009, John Cooney quoted in American Banker article on Supreme Court preemption case June 30, 2009, John Cooney quoted in the New York Times, Washington Post, Associated Press and numerous major media outlets on Supreme Court preemption case May 28, 2009, John Cooney featured in BNA Banking Report article on Sotomayor and the Supreme Court April 28, 2009, John Cooney quoted in Nashville City Paper article on EPA investigation of Tennessee dam April 8, 2009, John Cooney and Chris Diamond prevail in D.C. Circuit February 20, 2009, John Cooney discusses regulators' methods for drafting and enforcing guidance to banks in The Weekly of Business Aviation January 26, 2009, John Cooney extensively quoted in American Shipper article on regulatory freeze November 20, 2008, John Cooney comments on the importance of the Treasury secretary in Ventura County Star November 5, 2008, Opinion piece by John Cooney details necessity of president-elect moving quickly to address financial crisis November 2, 2007, Five Venable Attorneys Receive AV Martindale-Hubbell Peer Review Ratings March 23, 2000, Venable Wins Landmark Trademark Case for Wal-Mart Honors AV® Peer-Review Rated by Martindale-Hubbell Selected for inclusion in District of Columbia Super Lawyers 2007 Listed in The Best Lawyers in America, Administrative/Regulatory Law, (Woodward/White, Inc.) Publications 2010 - 2011, Bi-weekly column on regulation - InsideCounsel.com
John F. Cooney January 2011, Venable Team Files Amicus Brief for Senator Bayh in Support of Bayh-Dole Act in Stanford v. Roche
The Honorable Birch Bayh, William D. Coston, John F. Cooney, Michael A. Gollin, David D. Conway
Client Alerts December 23, 2010, Venable Team Files Amicus Brief for Senator Bayh in Support of Bayh-Dole Act in Stanford v. Roche
The Honorable Birch Bayh, John F. Cooney, Michael A. Gollin, David D. Conway September 2010, Suggested Approaches to Preemption Following the Dodd-Frank Act
CFPB Watch July 2010, Venable CFPB Watch: Introducing the New Sheriff in Town
CFPB Watch July 2010, The Arc of Environmental Criminal Enforcement
John F. Cooney, Judson W. Starr, Joseph G. Block
Natural Resources & Environment, Summer 2010 May 12, 2010, Regulatory Activity on the Rise Under the Obama Administration
John F. Cooney
InsideCounsel April 1, 2010, Regulatory Trends under the Obama Administration - Year One
John F. Cooney November 12, 2009, Amicus Briefs For Nonprofit Organizations
Seth A. Rosenthal, John F. Cooney Related Topic Area(s): Miscellaneous October, 2009, Federalism Spring: Evolution of the Federal-State Balance of Power
John F. Cooney
Bloomberg Law Reports September 29, 2009, The Scope of State Power: Supreme Court Rules that National Banks are Subject to Enforcement of State Laws
John F. Cooney
Community Banker September/October, 2009, Key Preemption Story Gives States More Power Over National Banks
John F. Cooney
Executive Counsel July 3, 2009, Ricci Has Implications for Associations: Supreme Court Decision on Firefighters Speaks to Developers of Professional Exams
John F. Cooney Related Topic Area(s): Employment Law June 2009, National Banks Are Subject to Enforcement of State Laws
John F. Cooney, Ronald R. Glancz, John B. Beaty, Ralph E. Sharpe, William J. Donovan
Financial Services Alert March 2009, Chief Executive Obama: An Analysis of President Obama's Use of His Authority to Manage the Executive Branch in His First Month in Office
John F. Cooney February 18, 2009, Executive Compensation Limitations & Corporate Governance Standards in Stimulus Bill
Suzanne Fay Garwood, Ronald R. Glancz, John B. Beaty, John F. Cooney, William J. Donovan, Ralph E. Sharpe, D. E. Wilson, Jr., Robert L. Smith, II
Financial Services Alert January 27, 2009, Targeted Financial Sanctions
John F. Cooney December 2008, Litigation and Enforcement One Year into the Credit Crunch
John F. Cooney
Bank Accounting & Finance December 2008 - January 2009, Litigation and Enforcement One Year into the Credit Crunch
John F. Cooney, John B. Beaty
Bank Accounting & Finance November 5, 2008, Productive Transition Is Crucial for Economy
John F. Cooney
Atlanta Journal Constitution November 4, 2008, Little Time for Presidential Transition
John F. Cooney
San Diego Union Tribune November 2008, Consequences of the Emergency Economic Stabilization Act and its Implications for Future Federal Regulation of Financial Markets
John F. Cooney
Aspatore October 15, 2008, Federal Government Takes Historic Actions in Support of U.S Financial Institutions
Thomas W. France, William J. Donovan, Robert L. Smith, II, Ronald R. Glancz, John B. Beaty, John F. Cooney, Ralph E. Sharpe, D. E. Wilson, Jr.
Economic Crisis Team Alert October 8, 2008, Economic Crisis Team Alert: "Overview of the Emergency Economic Stabilization Act of 2008"
William J. Donovan, Robert L. Smith, II, Ronald R. Glancz, John B. Beaty, John F. Cooney, Ralph E. Sharpe, D. E. Wilson, Jr., Suzanne Fay Garwood
Economic Crisis Team Alert June 16, 2008, Supreme Court Narrows Definition of 'Money Laundering'
John F. Cooney
American Banker April 11, 2008, How Loan Woes Will Play Out in Court
John F. Cooney
American Banker February 28, 2008, The Pattern of the Fall: An early guide to upcoming subprime litigation
John B. Beaty, John F. Cooney
Bankstocks.com October 10, 2007, Criminal Prosecution of Banks Under Anti-Money Laundering Laws
John F. Cooney September 21, 2007, Signing Statements: A Practical Analysis of the ABA Task Force Report, 59 Admin. L. Rev. 647 (2007)
John F. Cooney September 14, 2007, How Regulators Will React to Credit Pain
John F. Cooney
American Banker September 14, 2007, Viewpoint: How Regulators Will Respond to Credit Pain
Ronald R. Glancz, John F. Cooney September 6, 2007, Doe v. Gonzales Analysis for LexisNexis Expert Commentaries
John F. Cooney September 22, 2006, Petition for Certiorari with the United States Supreme Court -- FreeEats.com, Inc. v. State of North Dakota
Emilio W. Cividanes, John F. Cooney, Ronald M. Jacobs, Ian D. Volner June 7, 2006, Multi-Jurisdictional and Successive Prosecution of Environmental Crimes
John F. Cooney January 1, 2006, The Hazards of Enforcing Guidance
John F. Cooney
Administrative and Regulatory Law News 1996, Environmental Crimes Deskbook
Gregory S. Braker, John F. Cooney, Joseph G. Block, Judson W. Starr, Thomas J. Kelly, Jr.
Environmental Law Institute Events/Speaking Engagements Past Events September 20, 2011, "Joint Select Committee on Deficit Reduction: Beyond the Basics... What You Need to Know" hosted by Venable
Robert L. Smith, II, The Honorable Bart Stupak, Robert A. Burton, John F. Cooney, Samuel Olchyk November 10, 2009, Legal Quick Hit: "Amicus Briefs: Rules, Strategies and Opportunities for Nonprofits" for the Association of Corporate Counsel
John F. Cooney, Seth A. Rosenthal, Jeffrey S. Tenenbaum
Related Topic Area(s): Miscellaneous October 23, 2009, Moderated panel on "Preemption," Annual Administrative Law Conference of the Section on Administrative Law of the American Bar Association
John F. Cooney October 16, 2008 - October 18, 2008, Moderated panel on "Agency Independent Litigating Authority" at 2008 ABA Administrative Law Conference
John F. Cooney December 6, 2007, Testimony, "Use of 'Robocalls' in Federal Campaigns," Before Subcommittee on Elections, Committee on House Administration, 110th Cong., 1st Sess.
John F. Cooney October 26, 2006 - October 27, 2006, Speech, "Signing Statements: A Practical Assessment," at the 2006 ABA Administrative Law Conference
John F. Cooney |