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What we do

Federal Trials and Appeals

  • Federal appeals in the Supreme Court of the United States (SCOTUS) and the U.S. Courts of Appeals for the District of Columbia, Federal, Fourth & Sixth Circuits
  • Federal trials in the U.S. District Courts for the District of Columbia, Maryland, and the Eastern District of Virginia

Specialized Expertise

  • Administrative lawTrials and appeals against the Federal Government for declaratory or injunctive relief challenging its statutes, regulations, or final agency decisions as arbitrary, capricious, an abuse of discretion, in violation of law, or unconstitutional.  Access to government information under the Freedom of Information Act (FOIA) and agency Touhy regulations.  Claims under federal consumer protection statutes.
  • Bank and Financial-Company Regulation: Regulation by the FDIC, OCC & Federal Reserve (FED), including administrative enforcement actions--cease & desist and civil money penalty (CMP) actions--against officers and directors of financial institutions and professionals providing services to such institutions (attorney, accountants, and appraisers), post-employment contract matters (golden-parachute law under 1828(k)), capital sufficiency law, prompt corrective action and capital restoration plans, written agreements, consent orders, and more.
  • FDIC Receivership Law: Grounds for appointment of FDIC as receiver, post-receivership administrative-claims procedures for banks & thrifts including jurisdictional timeliness issues, anti-injunction statute, permissible damages for proven claims, contract repudiation authority and limitations, qualified financial contracts (QFCs), bridge banks, pass-through receiverships, deposit-insurance coverage matters, transfer of assets and liabilities, D'Oench doctrine and its statutory corollaries, payment of claims priority issues, stay of pending legal proceedings, directors & officers liability suits, professional malpractice suits, fraudulent conveyance law, and more.
  • FDIC Orderly Liquidation Authority under the Dodd Frank Act: FDIC's orderly liquidation authority (OLA) for systemically important financial institutions (SIFIs) whose failure might trigger a financial crisis if they are resolved under the Bankruptcy Code.
  • Damages Suits against the United States: Negligence claims for damages against the United States under the Federal Tort Claims Act (FTCA), damages suits against federal employees for violation of constitutional rights (Bivens), and breach of contract or suits for compensation for the taking of property under the Fifth Amendment in the U.S. Court of Federal Claims.
  • Commercial litigation: Fraud, misrepresentation, breach of fiduciary duty claims against directors and officers of corporations.  Breach of contract, interference with contractual business relationships, professional malpractice (accountants, lawyers, and appraisers), covenants not to compete, and more.
  • Criminal Law:  Federal appeals related to white-collar crime, including honest-services fraud and/or Hobbs Act extortion.  Appeals challenging sentences imposed under the U.S. Sentencing Commission Guidelines Manual, and the effect of plea agreements on a defendant's right to appeal.

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