Pro Bono Activities
- Defended a medical testing laboratory in Federal Trade Commission (FTC) probe leading to only recorded loss to the FTC in its enforcement of Section 5 of the Federal Trade Commission Act to data security. In the Matter of Labmd Inc., a Corp. Respondent., 9357, 2015 WL 7575033 (MSNET Nov. 13, 2015), https://goo.gl/Kq1btv; FTC v. LabMD, LabMD v. FTC, Case No. 1:12- cv-3005 (N.D. Ga. 2014, 11th Circuit 2014).
- Counsel to marine biologist prosecuted under the Marine Mammal Protection Act, securing no jail time for client. United States v. Nancy Black (N.D. CA 2014).
- Represented popular executive-office toymaker in successful challenge to the CPSC’s authority to apply the responsible corporate officer doctrine to a former CEO, resulting in a settlement for less than 1 percent of the CPSC’s damages request prior to litigation. Craig Zucker v. CPSC, Case No. 8:13-cv-03355-DKC (D. Md. 2013), https://goo.gl/7SRZAZ.
- Represented whistleblower in False Claims Act suit against a city transit authority in case of first impression concerning the public disclosure bar when the Federal government approved the alleged wrongdoing. CoA ex rel. United States v. CTA, Case No. 12-9673 (N.D. IL 2012, 7th Cir. 2015).
- On the request of the Federal Defenders’ Office of the Middle District of Florida, coauthored amicus brief in support of certiorari petition and on the merits, where the Supreme Court both granted certiorari and reversed 5-4 in support of petitioner in United States v.Yates – a landmark case on the application of Sarbanes-Oxley, https://goo.gl/GpBwPi.
- Co-authored amicus brief in Supreme Court case of McCutcheon v. FEC, which was cited in Chief Justice Roberts’ majority opinion. McCutcheon v. FEC, No. 12-536 (U.S. Supreme Court 2013) (Amicus Brief, https://goo.gl/tl2Yso, cited in Majority Opinion at 36), https://goo.gl/eSgWbH.
- Represented Silicon Valley startup in challenge to the DOE’s loan guarantee program under a breach of contract theory and an Administrative Procedure Act (APA) claim, winning novel U.S. District Court decision applying the APA to an entirely discretionary spending decision. XP Vehicles et al. v. United States, Case No. 1:12-cv-00774-MMS (C.F.C. 2012); XP Vehicles, Inc. v. DOE, Case No. 1:13-cv-00037-KBJ (D.D.C. 2013), https://goo.gl/bJP3fw. Developed the appeal strategy and led briefing on the question of voluntary remand, which ultimately prevailed before the D.C. Circuit, https://goo.gl/hm5oPg.
- In case of first impression, represented multi-state children’s clothing consignment franchisor in challenge to a U.S. Department of Labor (DOL) enforcement action to treat volunteers as employees under FLSA, obtaining unanimous judgment in client’s favor before the U.S. Court of Appeals of the D.C. Circuit. Rhea Lana, Inc. v. DOL, (D.C. Cir. 2016).
- Represented a trade association of small business heater and refrigeration installers in successful challenge to the DOE’s direct final rulemaking on energy efficiency standards. American Public Gas Assoc. v. DOE, Case No. 11-1485 (D.C. Circuit 2012), https://goo.gl/RNmf7J.
- Co-authored amicus brief before D.C. Circuit in Van Hollen v. FEC, leading to reversal (only brief to cite McIntyre – which was cited 11 times by the majority), https://goo.gl/DslJ81.
- Represented nonprofit organization in landmark D.C. Circuit decision striking down the FTC’s interpretation of “news media” organization under the Freedom of Information Act (FOIA). CoA v. FTC, Case No. 1:12-cv-00850-EGS (D.D.C. 2012, D.C. Cir 2015), https://goo.gl/qnJUB9. Supreme Court nominee Hon. Merrick Garland listed the case as one of his “top 10” most important decisions, https://goo.gl/md71MS.
- Represented nonprofit before the D.C. Circuit in establishing the Attorney General’s nondiscretionary duty to investigate under the Federal Records Act. Cause of Action v.
- Kerry & Ferriero (D.D.C 2015, D.C. Cir. 2016), https://goo.gl/psRl2o.
- In novel dormant commerce clause action, represented Connecticut-based renewable energy company in successful grant of summary judgment motion in favor of dormant commerce clause challenge to a Delaware subsidy that benefited an in-state corporation. Nichols and Fuel Cell Energy v. Markell et al., Case No. 1:12-cv-00777 (D. Del. 2014), https://goo.gl/LCM6rO.
- Lead counsel in amicus brief on behalf of Hispanic outreach organization, Libre Initiative, in challenge to enforcement against community-based cash services. Community Financial Services Association of America, et al. v. FDIC (D.D.C. 2014), https://goo.gl/HSgi6l.
- Represented nonprofit in successfully challenging the Treasury Inspector General for Tax Administration’s claim that 26 U.S.C. § 6103 protects from disclosure the existence of investigations into unauthorized disclosures of tax information by the IRS. CoA v. TIGTA, (D.D.C. 2014), https://goo.gl/taw0qV.
- Represented nonprofit in successfully challenging the IRS’s ability to use 26 U.S.C. § 6103 to shield presidential communications concerning access to taxpayer return information. CoA v. IRS, Case No. 1:13-cv-00920-ABJ (D.D.C. 2015), https://goo.gl/t7OZyZ.
- Represented nonprofit in high profile challenge to the President’s directives on the Freedom of Information Act. CoA v. Office of White House Counsel et al. (D.D.C. 2016).
- Argued before the D.C. Circuit in representation of nonprofit seeking records of the Financial Crisis Inquiry Commission (FCIC) in possession of the National Archives. CoA v. NARA, Case No. 13-5127 (D.D.C. 2013, D.C. Cir 2013), https://goo.gl/DVsigb.
- Led investigations into politicization of FOIA (led to House Oversight and Government Reform subpoenas and hearing), https://goo.gl/bSVeEB.
- Led numerous investigations for nonprofit client into ex parte communications from interested parties in both formal and informal agency adjudications, https://goo.gl/j8FQ3H (led to House Education and Workforce committee investigation and NLRB IG investigation); Greentech Automotive, https://goo.gl/OShqHk (led to DHS OIG investigation); conflicts of interest with taxpayer funded lobbying, https://goo.gl/urwUJk (led to suspension of contract).
- Led numerous investigations into misuse of Federal funds by grant or loan recipients. Lobbying with Federal grants (18 U.S.C. 1913), https://goo.gl/dYGpaB (led to HHS OIG investigation), E.O. 13457 compliance with executive branch earmarking, https://goo.gl/UG8N6G; politicization of DOE loan programs, https://goo.gl/rghdAZ (led to GAO investigation).
- Led investigations into tax-exempt entity compliance with Federal regulations, https://goo.gl/B8iWsD; tax-exempt entity fraud, https://goo.gl/kWUmf2 (led to DOE OIG investigation and investigation by Senate Environment and Public Works Committee).
- Led investigation into political activities in the Federal government: Hatch Act violations, https://goo.gl/9tg3G4.