Venable's Administrative and Regulatory Litigation Group understands how agencies make decisions and how courts review them. Combining firsthand knowledge of agency procedure with seasoned trial and appellate litigation experience, our attorneys help clients anticipate issues, reduce exposure, and advance their business objectives in an evolving regulatory and judicial environment.
Regulatory disputes often involve more than litigation—they require an understanding of policy context, agency priorities, and long-term business implications. When administrative actions create business risk or opportunity, our Administrative and Regulatory Litigation team draws on decades of experience with federal and state agencies to represent clients in high-stakes regulatory proceedings and litigation involving complex constitutional, statutory, and administrative law issues. Whether we are developing comments or engaging with agency staff on a proposed rule, or defending a client in an investigation or enforcement matter, we bring the perspective of attorneys who have worked inside—and alongside—the agencies whose decisions can redefine an industry.
Members of our group have held senior positions in government (including at the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the U.S. House of Representatives), litigated consequential constitutional and administrative law cases, and clerked on federal courts of appeals. We have represented clients before the full range of federal and state agencies, as well as in trial and appellate courts.
Together, our government, appellate, and policy experience allows us to offer sophisticated representation with the judgment and insight necessary to achieve meaningful results.
Judicial Challenges
When engagement with federal or state agencies does not achieve the desired result, or when a successful agency outcome is attacked, we represent clients in complex litigation in trial and appellate courts. This includes challenges under the Administrative Procedure Act (APA) and constitutional claims.
Amicus Advocacy
We assist trade associations, professional societies, and other organizations in filing amicus briefs in consequential administrative law cases. Our team has prepared amicus submissions in state and federal courts, including at the U.S. Supreme Court, to advance clients' perspectives and to help courts understand the broader regulatory and industry implications of the issues before them.
Rulemaking and Policy Development
We leverage our extensive administrative law experience to counsel clients throughout the regulatory process, helping them engage effectively in notice-and-comment rulemaking, respond to agency guidance, and participate in policy initiatives. Our team works to position clients' interests early, build persuasive administrative records, and preserve legal arguments for potential judicial review.
Regulatory Enforcement and Investigations
Our team works seamlessly with colleagues across Venable to guide companies and executives through agency investigations and enforcement actions that implicate complex and novel legal questions. Drawing on our experience at the SEC, DOJ, and other regulatory bodies, we help clients assess their exposure and develop strategies that lead to efficient and practical resolutions.
Regulatory Risk Management
We monitor evolving policy priorities and enforcement trends to help clients anticipate regulatory developments and mitigate emerging risks. Our attorneys advise on compliance enhancements, operational adjustments, and governance practices that integrate risk management into a broader business strategy.
