REGULATED INDUSTRIES

Massey & Gail is able to draw on its administrative law experts, including former federal, state, and local government officials, to advise clients on a wide range of regulatory matters. We help clients navigate the maze of federal, state, and local regulations: analyzing and commenting on proposed rules, engaging with administrative bodies to resolve potential disputes, challenging regulations in court, and litigating complicated questions of administrative law that are often components of commercial litigation. In addition, our appellate litigators have represented clients at all levels of the judicial process, including the U.S. Supreme Court, in cases that involve important questions of administrative law.

Our federal work encompasses proceedings before a wide array of federal agencies, including the FTC, FCC, EPA, SBA, and DOJ, as well as state agencies. We have provided strategic counseling services to major companies and trade associations in addition to filing comments and meeting with agency officials to press our clients’ views. We also bring judicial challenges to agency decisions under the Communications Act, environmental laws, securities laws, banking statutes, the False Claims Act, and the Freedom of Information Act, among others. We handle atypical administrative proceedings, such as challenges to decisions of the Copyright Royalty Board setting copyright-royalty rates for commercial webcasting services.

We have also represented many telecommunications carriers, ISPs, and trade associations in state and federal regulatory rulemakings and in enforcement actions, and in litigation from district courts to the U.S. Supreme Court. While in house at a Fortune 100 carrier, one of our partners oversaw the company’s litigation in a five-state area.

Our attorneys have represented carriers in cases involving state utility commission regulation of the “just and reasonable” terms for local interconnection arrangements, the FCC’s net neutrality rules, prison phone rates, and class actions alleging over-billing. We have served as national counsel for a major carrier in more than a dozen high stakes cases concerning regulatory arbitrage schemes—cases litigated before the FCC, federal district courts, and courts of appeal—and that all resulted in dismissals or favorable settlements.

We have also represented multiple carriers in First Amendment and other constitutional challenges to statutes and regulations, including privacy rules, prohibitions on the rights of telephone companies to provide information services or video programming to their subscribers, and limits on the number of subscribers a cable television system operator may serve through cable systems.

REPRESENTATIVE MATTERS

Helping secure an 8-1 victory in the U.S. Supreme Court for health insurers seeking $12.7 billion under the Affordable Care Act.
Securing the first-ever U.S. Supreme Court stay of an agency regulation prior to judicial review in the lower courts.
Enabling a major ride-sharing company to avoid burdensome taxes a municipality had imposed by challenging those taxes and negotiating a settlement.
Forcing release of records on use of a citizenship question on the United States Census, relocation of the Bureau of Land Management headquarters, and other matters through a Freedom of Information Act suit against numerous agencies.
Submitting comments concerning the Paycheck Protection Program to the Small Business Administration on behalf of numerous clients.
Representing an energy storage company in a rulemaking proceeding before the Illinois Commerce Commission concerning the procedures and timelines for interconnecting distributed energy projects (wind, solar, storage) to the electric grid.
Participating in dozens of rulemakings, adjudications, and arbitrations, as well as district court, court of appeals, and Supreme Court cases under the Communications Act.
Helping state agencies with drafting of rules, investigations, and appeals.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.