Administrative
Our litigators combine in-depth knowledge of governmental procedure with effective trial advocacy to handle a wide range of controversies involving local, state, and federal administrative agencies. Although the great majority of matters that we handle are on behalf of private sector clients in administrative appeals and related litigation, we also represent various government authorities in asset recovery lawsuits. Areas of administrative controversy on which we focus include the following:
Automotive / Marketing Representation
Our firm has extensive experience representing automotive manufacturers in the courts and before state administrative motor vehicle boards. Our lawyers represent manufacturers of automobiles, heavy and medium trucks, commuter and transit buses, and specialized vehicles in a broad range of administrative issues including licensing disputes, franchise transfers and terminations, the addition of dealer points, disputes over product addendum/availability, enforcement of franchise requirements, the defense of manufacturer incentives and other marketing initiatives and strategies, and many other related disputes. Our firm regularly provides counsel in market representation matters, and also assists clients in pursuing legislative relief. While our administrative practice is specialized, our lawyers also regularly assist automotive manufacturing clients before all state and federal courts and in arbitration.
Energy
Our extensive energy litigation practice frequently involves disputes with the Federal Energy Regulatory Commission (FERC). For example, we have been involved in adversary proceedings before the FERC related to whether changes in the upstream ownership of an electrical power plant caused it to lose its “qualifying facility” (QF) status involving the use of renewable energy sources. In the complex Texas electric power industry, we have also defended the interests of governmental clients. Our lawyers represented a municipal power authority in a lawsuit against an electric power generation company regarding a nuclear power plant, and also represented a municipal government in a suit against an international engineering and construction company regarding the construction and operation of a nuclear power plant.
Environmental
Our firm defends companies in enforcement actions brought by state and federal regulators in air, water, and solid waste-related matters before the Environmental Protection Agency and the Texas Natural Resource Conservation Commission. We have extensive involvement with properties affected by groundwater contamination, and we represented a national heating/cooling products manufacturer in defense of a claimed violation of the Texas Water Code. We also defend insureds in response to toxic tort and CERCLA actions involving Superfund site controversies, and represent national financial and real estate entities in environmental controversies relating to past real property acquisitions. The list of laws and regulations under which we handle environmental controversies includes the following
- Clean Air and Clean Water Acts
- Resource Conservation and Recovery Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- All of the state analogs to these federal programs, such as the Texas Clean Air Act, Texas Water Code, and Texas Solid Waste Disposal Act
Labor and Employment
Our attorneys represent clients in proceedings before the Equal Employment Opportunity Commission, Occupational Safety & Health Administration, National Labor Relations Board, Department of Labor Wage & Hour Division, and Texas Human Rights Commission. When we are unable to resolve disputes in the administrative phase, we are skilled at representing our clients in state and federal courts and private arbitration. A special strength of our practice is the resolution of discrimination and harassment complaints, and our lawyers have negotiated with the EEOC to resolve disputes through consent decrees.
General Administrative Matters
The range of administrative issues our lawyers handle is as broad as the commercial regulatory system itself. Examples of our work with private and public sector clients include:
- Representation of a motor vehicle manufacturer in administrative proceedings challenging marketing and incentive programs implemented for retailers in Texas and Louisiana.
- Representation of insureds in a coverage action against a self-insured major Texas city following the city’s refusal to defend officers in a civil rights suit
- Representation of the Federal Savings & Loan Insurance Corporation and Federal Deposit Insurance Corporation in over 200 receivership and asset recovery actions.
- Representation of pharmaceutical clients in drafting the pharmaceuticals provisions of the 2003 Texas Tort Reform legislation.
- Representation of corporations in ongoing business crimes and white-collar investigations, at times with the prospect of criminal charges, and often developing alternatives to formal enforcement or lawsuits by regulators.
