Administrative
Government and public programs operate largely through various agencies — including boards, commissions, departments and divisions — at the federal, state, county and city level. These agencies often have unique rules and regulations, as well as complex investigations, claims, grievances and appeals processes. Businesses and individuals interacting with government agencies often seek experienced counsel to guide them through complicated agency proceedings and assist in creating compliant business and process models.
Snell & Wilmer has one of the largest and most experienced administrative practice groups in the western United States and in the District of Columbia. We understand that government regulation has a profound impact on a company’s structure and operations, and can be a crucial factor in strategic business planning. Our attorneys represent public and private clients before federal, state and local administrative agencies and in decision appeals processes. Our firm also has a long track record of developing strong regulatory compliance programs for our clients’ businesses.
Our attorneys have assisted institutions, businesses and individuals located domestically and internationally. Our services for these clients include handling administrative hearings; judicial reviews of administrative action; government contracting and procurement processes; government procurement solicitations; bid protests; licensing, permitting, variances and other approvals; professional disciplinary hearings; rulemaking hearings, including petitions, challenges and waivers; responses to governmental inquiries, subpoenas, direct disclosures, voluntary disclosures and grand jury subpoenas; Freedom of Information Act (FOIA) and public records requests for private, confidential and proprietary information; witness assistance in judicial and administrative proceedings; False Claims Act whistleblower actions; and regulatory compliance program development and audits.
Comprehensive Approach: Attorneys practicing in our administrative group have experience serving in the government and focus their practice on an array of complementary areas, including corporate and securities, energy and utilities, environmental and natural resources, government relations, government contracting and procurement, SEC reporting and corporate governance, aerospace, affordable housing, criminal law, and professional licensure, among others. When necessary, our attorneys can call upon the diverse backgrounds and practice areas of their colleagues to find creative and dynamic solutions for even the most complex administrative and regulatory-related legal matters.
Experienced and Involved: Our group includes a number of attorneys holding high-level legal, policy, and enforcement positions with various governmental agencies. Several of our attorneys have been recognized as leaders in their field and are called upon to write and lecture on government policy, procurement, administrative, and regulatory matters. Our group also issues timely legal alerts on new regulations and trends affecting our clients because we understand that updated compliance measures could save our clients significant time and resources down the road.
Representative administrative matters handled by our attorneys include:
- Represented a non-profit organization during an administrative proceeding, appeal, and trial in multi-million dollar claim against State of Arizona related to breach of contract and constitutional claims
- Represented various clients relating to affordable housing, including low-income housing tax credits (LIHTC), Section 8, Section 42, and Section 515 compliance at the state and federal levels
- Represented various clients regarding aviation and drone certification and rulemaking disputes
- Represented firearm manufacturer against discriminatory banking lending practices
- Represented multiple state agencies and guided them through rulemaking and policy developments
- Represented numerous clients in the natural gas, electric, and oil industries on matters relating to the Pipeline and Hazardous Materials Safety Administration and in proceedings before the Federal Energy Regulatory Commission (FERC) and various state corporation commissions
- Represented various clients on matters relating to the Federal Trade Commission (FTC)
- Represented various clients on matters relating to public procurement decisions before various local, state and federal agencies, including challenging various initial decisions via bid protest or other process
- Represented a company implicated in a Department of Justice investigation of violations of federal export control laws
- Defended a national lending institution in state False Claims Act cases
- Represented a company subject to a federal Inspector General audit and investigation
- Defended a company against allegations of deceptive trade practices
- Represented a utility company in an administrative proceeding before the Federal Bureau of Land Management
- Represented a publicly traded company in a state attorney general investigation into mortgage foreclosure practices
- Represented a client in the prospective purchase and redevelopment of a steel site; process involved negotiations with the Environmental Protection Agency and Utah Department of Environmental Quality
- Helped a Nevada and Colorado ski resort client secure the transfer of permits, licenses and government approvals for wetlands, air emissions, electrical systems, fuel storage tanks, hazardous waste generation and other operations at resort sites
- Assisted a Colorado resort client with obtaining the transfer of licenses from the United States Bureau of Alcohol, Tobacco Firearms and Explosives and corresponding state licenses for explosives used for avalanche control at the resort
- Represented a soil regeneration facility before Utah Solid and Hazardous Waste Control Board to settle notice of violation for unauthorized treatment, storage and disposal of hazardous waste
- Represented a developer on an administrative appeal of the United States Army Corps of Engineers district office jurisdictional determination over wetlands that lacked evidence of relatively permanent water and a significant nexus to waters of the United States
- Negotiated numerous consent decrees with the Arizona Department of Environmental Quality and the Environmental Protection Agency regarding federal and state Superfund and federal Clean Water Act liabilities establishing remedial obligations and liability
- Defending a client in an IRS-CI and United States Attorney’s Office prosecution in the District of Nevada
- Defended company employees in a False Claims Act investigation by Justice Department’s Civil Fraud Section
- Defended a company in a False Claims Act investigation by the Department of Interior, Office of Inspector General and United States Attorney’s Office in the Eastern District of California
- Defended a medical consultant in a federal criminal investigation by the Federal Bureau of Investigation and the Justice Department’s Fraud Section
- Defended an individual in a federal money laundering and drug trafficking investigation by IRS-CI and Drug Enforcement Administration in District of Nevada
- Defended an individual in a Federal Bureau of Investigation and Department of Homeland Security computer crime investigation in District of Nevada
- Defended former company officers in a Federal Bureau of Investigation of campaign contributions in District of Nevada
- Defended a military officer in an embezzlement investigation by the Army Criminal Investigation Command at a military base in South Korea
- Defended an executive in a Securities Exchange Commission investigation in the Northern District of California
- Defended a client in a Department of Justice antitrust fraud investigation in the Northern District of California
- Defended a client in a Department of Justice fraud investigation in the Southern District of California
- Defended a chief executive officer in a federal investigation by the U.S. Department of Labor and federal prosecution in the Eastern District of California
- Defended a company president in an investigation by Nevada State Contractor’s Board and prosecuted by Clark County District Attorney’s Office for unlicensed contractor work
- Defended a business owner in a Cal/OSHA investigation involving a workplace accident
