Government Agency Litigation

While some firms pride themselves for maintaining friendly and amicable relationships with federal regulators, Fuerst Ittleman David & Joseph has distinguished itself for its willingness to take the government to court as necessary to pursue its clients’ best interests. Indeed, sometimes litigation is unavoidable, and in those case the firm has litigated against a variety of government agencies, including IRS, FDA, FTC, USDA, DOJ and a number of state governments. The firm seeks to avoid litigation whenever possible, but if a government agency is regulating beyond its delegated authority or refusing to negotiate in good faith, the firm is ready, willing and able to pursue its clients’ interests in court.

Litigating against the government requires experience and a breadth of knowledge across a wide range of applicable law.

First, in any regulatory matter, and especially those where a client’s business practices may be exposed to the bright lights of a courtroom, counsel must carry a sophisticated understanding of its client’s business, including applicable statutes, regulations, guidance documents, and industrywide best practices. We pride ourselves for taking the time to understand how each of our clients operate and how they are regulated. Second, in any matter involving complex litigation, counsel must be familiar with state and federal rules of civil procedure, as well as the local rules governing litigation in individual courts, and our decades of litigation experience gives us that knowledge. Third, many complex disputes against the government carry overtones of criminal liability, and we have extensive experience representing clients in grand jury investigations and white collar criminal prosecutions which allows us to recognize when a regulatory dispute has turned criminal. Fourth, litigating against the government requires a deep understanding of the varieties of deference courts are required to give to regulatory agencies, which may vary depending upon the precise nature of the dispute and the manner by which the agency has chosen to regulate in any given industry. Finally, counsel must understand the limited subject matter jurisdiction afforded to federal district courts, as well as the limited jurisdiction often afforded to federal agencies by Congress. We routinely address these issues in our practice, and are well situated to argue them in court when litigation is our client’s only option.

Fuerst Ittleman David & Joseph is highly experienced in litigating against the government in a variety of forums, and we pursue each case with the singular goal of maximizing the rights of our clients. To contact one of our experienced government agency litigation attorneys, contact us at 305-350-5690 or for a free consultation

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