| Administrative proceedings have their own particular rules and practices, and factors beyond the plain letter of the relevant laws and regulations often influence the outcome.
Our long experience with government agencies in the areas of communications, energy, health care, finance, land use, environment and tax, among others, as well as strong relationships with key agency officials, enable us to help clients secure favorable rulemakings and policy changes.
Many of our lawyers, having held senior positions in those agencies, intimately understand the agency’s personalities and culture, which enables the lawyers to work effectively for their clients.
Administrative proceedings are directly affected by legislative activities and litigation. We work as a team, in collaboration with our clients’ in-house and outside legal teams, lobbyists and consultants, on an integrated strategy in multiple venues. |
Selected Experience Grocery Outlet Ongoing Circuit Court has enjoined the Oregon Liquor Control Commission from interfering with the warehousing and distribution practices of a large grocery chain. Providence Health & Services Ongoing Putative class action alleging that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Plaintiffs have appealed to the Oregon Court of Appeals. Providence Health & Services 2008 Represented Providence Health & Services in federal administrative proceedings related to the theft of backup tapes. Proceedings ended in a negotiated settlement. Tyson Foods, Inc. 2008 Successfully represented a large food company in an appeal of a WISHA safety and health citation alleging failure to provide employees with appropriate personal protective equipment. After an administrative hearing, the Board of Industrial Insurance Appeals vacated the bulk of the citation against the company, and the courts upheld the board's ruling on appeal. Olympic Peninsula Kidney Center 2007 Successfully represented dialysis provider in certificate-of-need dispute, from administrative hearing through Court of Appeals process. Hospital 2007 Successfully represented hospital in an appeal of a WISHA safety and health citation alleging failure to protect employees from the risk of workplace violence. After an administrative hearing, the Board of Industrial Insurance Appeals vacated the citation against the hospital. Chelan County P.U.D. (Wash.) 2004 Counsel for hydroelectric licensee in Confederated Tribes of the Umatilla Indian Reservation v. Ecology (trial before the Washington State Pollution Control Hearings Board, holding that Section 401 of the Clean Water Act does not require strict adherence with numeric water quality criteria). California Board of Accountancy 2000 Served as outside trial counsel for the California Board of Accountancy in an administrative disciplinary action against the accounting firm KPMG, its audit partner, and members of its audit staff for professional errors in their audits of Orange County, California, and its investment fund immediately prior to the county’s filing for bankruptcy. The administrative trial lasted over 100 days and resulted in professional disciplinary action against the licenses of KPMG and its audit partner, which was upheld on review. The case represents only the second time that a big five audit firm has been disciplined. (Administrative Hearing, California Department of Consumer Affairs) Defended Washington's Secretary of State as Special Assistant Attorney General in Supreme Court mandamus actions filed by the Governor seeking to keep a referendum off the ballot. Case dismissed as moot at oral argument. Locke v. Reed, No. 75392-0 (2004), Grange v. Locke, et al., 153 Wn.2d 475 (2005). * Denotes experience completed at a prior firm | |