Regulatory

Administrative Law and Regulatory Practice

We regularly take on some of the biggest, most consequential actions by federal agencies across the government—both at the agency level and in the courts, including the U.S. Supreme Court—and we win.

We have achieved significant victories, including nationwide relief from the FTC’s noncompete rule and the complete overturning of the SEC Private Funds Rule

Combined market-leading appellate and constitutional law expertise with deep administrative law knowledge

Team includes 35 former Supreme Court clerks, 270+ former federal circuit court clerks, and 4 former members of the Office of the Solicitor General

Practice chaired by former U.S. Labor Secretary, Supreme Court Clerks, and White House Counsel

Overview
Experience
People
Accolades
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Overview

Gibson Dunn’s renowned Administrative Law and Regulatory Practice Group is widely acclaimed for its expertise in the field of government regulation.

Our group routinely handles some of the biggest, most consequential agency actions across various federal agencies and departments, and litigation challenges to those actions- and wins.

Our team includes lawyers with high-level government experience and prior service in top legal, policy and enforcement positions at federal agencies. Our cross-disciplinary teams work with elite subject matter practitioners across the firm, including those from our environmental, labor and employment, and securities regulation practice groups. Our members are an integral part of the firm’s Appellate and Constitutional Law practice, recognized as one of the best in the nation, enhancing our ability to take the fight to the judiciary when necessary.

Unlike many firms, we focus on the legal principles underlying the Administrative Procedure Act—the law that governs the government—rather than narrow subject-matter areas, enabling us to identify the strongest arguments to advance our clients’ goals in any agency proceeding and on judicial review. While we strive to resolve matters successfully at the agency level, we are prepared to challenge agency actions to protect our clients from government excesses.

Our broad appellate expertise gives us a competitive advantage when challenging agency action, often involving technical subject-matter areas. We excel at breaking down complex issues and communicating them clearly and directly in appellate briefs and oral arguments. Our constitutional law skills allow us to press leading structural challenges to agencies.

From rulemakings to adjudications, and in the defense of enforcement actions, Gibson Dunn provides cutting-edge representations in a variety of administrative law matters, routinely handling high-stakes matters before federal and state agencies, including the SEC, FCC, FERC, CFPB, and DOT.

Our litigators have achieved groundbreaking victories, including successful challenges to the FCC’s first two Net Neutrality orders and the winning defense of the FCC’s deregulatory Net Neutrality order, the Financial Stability Oversight Council’s first designation of a firm as a Systemically Important Financial Institution, and the CFPB’s first administrative enforcement order, which resulted in the D.C. Circuit vacating a $100+ million civil penalty against our client. We litigate regulatory challenges at all levels of the judicial system: from district courts, to appellate courts, all the way to the U.S. Supreme Court.

“When other firms and conventional strategies come up short, clients in deep trouble turn to Gibson Dunn for fresh, aggressive thinking and innovative rescues.”
The American Lawyer

Experience

Recent representations include:

FCC v. Prometheus Radio Project (U.S. 2021): Achieved a unanimous U.S. Supreme Court victory for the National Association of Broadcasters and other media and newspaper industry parties, allowing the FCC to eliminate outdated media ownership restrictions and paving the way for efficient consolidation in the broadcast and newspaper industries, by successfully arguing that the FCC’s rule changes were reasonable under the Administrative Procedure Act.
Lucia v. SEC (U.S. 2018): Persuaded the U.S. Supreme court that the SEC’s administrative law judges are “Officers of the United States” who must be appointed in conformity with the Appointments Clause of the U.S. Constitution.
Ryan LLC et al. v. Federal Trade Commission (N.D. Tex. 2024): Secured a summary judgment victory for our client, Ryan, LLC, that invalidated the U.S. Federal Trade Commission’s Non-Compete Rule—the Rule would have retroactively invalidated over 30 million employment contracts and preempted the laws of 46 states.
National Association of Private Fund Managers v. SEC (5th Cir. 2024): Obtained a major win for hedge funds, private equity, and other private funds when the court vacated in full the SEC’s Private Fund Advisers Rule that would have fundamentally changed the way private funds and their advisers are regulated. As Bloomberg reported, the win dealt “a significant setback in the regulator’s clampdown on the private-funds industry.”
CTIA v. City of Berkeley (N.D. Cal. 2020): After appeal to the Ninth Circuit and proceedings at the U.S. Supreme Court, obtained a ruling on preemption grounds striking down an ordinance requiring cell phone safety warnings.
PHH Corp. v. Consumer Financial Protection Bureau (D.C. Cir. 2018): Overturned a $109 administrative order in the CFPB’s first-ever agency enforcement proceeding, pressing cutting-edge separation of powers issues.
Chamber of Commerce v. Department of Labor (5th Cir. 2018): Overturned the Department of Labor’s controversial fiduciary rule governing financial advisors.
MetLife, Inc. v. Financial Stability Oversight Council (D.D.C. 2016): Overturned the first- ever designation of a Systemically Important Financial Institution (SIFI) under the Dodd-Frank Act on behalf of MetLife by arguing that the Financial Stability Oversight Council’s decision was arbitrary and capricious.
Business Roundtable v. SEC (D.C. Cir. 2011): Overturned the SEC “proxy access” rule because of inadequate consideration of the rule’s costs.
Net Neutrality
- CTIA Wireless Assn v. FCC, et al, (D.C. Cir. 2019) Successfully upheld the FCC’s “Restoring Internet Freedom Order” repealing the “net neutrality” regime.
- Verizon v. FCC (D.C. Cir. 2014): Obtained a ruling vacating majority of the FCC’s “net neutrality” rules.
- Comcast v. FCC (D.C. Cir. 2010) Successful D.C. Circuit challenge of the FCC’s first “net neutrality” decision, securing vacatur of that decision.