Most laws are made not by elected legislators but by unelected administrators in federal and state agencies. When agency priorities are misaligned with statutory law and the interests of the regulated public, they can increase costs, throttle innovation, jeopardize investment-backed expectations, and imperil cherished liberties.
Dispute resolution is often preferable to litigation. However, to make A.D.R. work, management must embrace it wholeheartedly.
Defending Against Regulatory Actions
At all levels of government, it is not uncommon for a single agency to be involved in multiple lawsuits and investigations. Consequently, government lawyers need to understand the rules that govern these disputes.
For example, 28 U.S.C. SS 516 reserves to a specific law department “the conduct of all civil actions, suits or proceedings in which the United States is a party or interested.” This provision applies to state and local governments as well.
Determining which government agency is the client is just one of the many legal challenges these cases may provide.
Representing Clients in Regulatory Investigations
Whether the government investigates potential corporate wrongdoing, serves a subpoena, or issues an adverse regulation, the stakes are high. Underhill Law government dispute attorneys can help you defend your interests in these sensitive matters, protecting your reputation and ensuring the government understands your side of the story.
Defending Against Regulatory Enforcement Actions
One regulatory inquiry can often trigger a chain reaction threatening the entire business. The repercussions can include negative publicity, lost customer confidence, staff turnover, and financial instability.
Attorneys defend clients in investigations and litigation against federal, state, and local regulators and agencies. Whether it is defending against allegations of consumer financial fraud, violations of foreign corrupt practices laws, or claims of unfair, deceptive, or abusive acts and practices, we have the knowledge and experience to help.
Representing Clients in Regulatory Litigation
While most legal disputes are settled through direct negotiations, some are resolved using mediation, arbitration, or other forms of alternative dispute resolution (A.D.R.). A mediator acts as a neutral facilitator and does not have decision-making power; the parties negotiate their settlement. A.D.R. can be less stressful, costly, and time-consuming than litigation.
Government contractors face numerous regulatory challenges when working for the federal government and other state and local governments. Government contract dispute attorneys often counsel clients regarding compliance with government regulations, help them navigate the government procurement process, and represent them in disputes arising from government contracts.
In addition, these attorneys can counsel business owners in preparing and filing contract claims with agency contracting officers and in litigating appeals of adverse decisions by an agency Board of Contract Appeals or the Court of Federal Claims. They also have broad experience defending contractors in suspension and debarment actions and resolving civil False Claims Act investigations and litigation.