Practice Areas

Administrative Law
Antitrust
Appellate
Class Action
Commercial Litigation
Constitution — First Amendment
Constitution — Second Amendment
Constitution — Fifth Amendment
Constitution — Civil Rights
Constitution — Commerce Clause
Constitution — Separation of Powers
Constitution — Voting Rights
Election Law
Employment Litigation
Government Contracts
Healthcare Litigation
Intellectual Property
Qui Tam
Real Estate Litigation
State Representation
Telecommunication Litigation
Trial Practice
U.S. Supreme Court
U.S. Court of Appeals
Administrative Law

Administrative Law

Few firms have Cooper & Kirk’s depth and breadth of experience suing federal and state administrative agencies that have acted in excess of their statutory authority, run roughshod over the commands of the legislature, trampled upon individual rights, or acted in ways that are otherwise arbitrary, capricious, or irrational. As a boutique firm, we have a deep bench, with several former D.C. Circuit clerks and former executive branch lawyers among our ranks. From assessing the impact that proposed agency action will have on a business or industry, to drafting comment letters that will effectively present those issues before the agency and preserve the legal and constitutional grounds upon which a successful challenge could later be mounted in the courts, to litigating before the agency and obtaining review and redress in the federal courts, Cooper & Kirk has done it before, is probably doing it today, and looks forward to doing it again tomorrow. To date, we have litigated against, among other agencies, the USDA, the DOE, the DOJ, the Department of Transportation, the Department of the Treasury, the DEA, the Federal Reserve, the FEC, the EEOC, the FCC, the FDIC, the FHFA, the FTC, the OCC, the OTS, and the SEC.

Issue
Nationalization of Fannie Mae and Freddie Mac
Level of Court
United States Supreme Court

Overview We represent shareholders of Fannie Mae and Freddie Mac in a challenge to the U.S. Government’s nationalization of Fannie Mae and Freddie Mac. After the en banc Fifth Circuit agreed with our arguments that the Federal Housing Finance Agency (FHFA) exceeded its statutory authority and was unconstitutionally structured, the Supreme Court reviewed the case. The Supreme Court affirmed the Fifth Circuit's ruling that FHFA's structure violates the separation of powers and remanded the case for further proceedings on the appropriate remedy. Mr. Thompson presented argument for the shareholders in both the Fifth Circuit and the Supreme Court.

Issue
Alleged Campaign Contribution Regulations Violation
Level of Court
United States Supreme Court

Overview We represented the National Rifle Association Political Victory Fund in an action brought by the FEC alleging violation of campaign contribution regulations. The court of appeals agreed with our position that the composition of the FEC violated the separation of powers. The Supreme Court ultimately dismissed the appeal after argument, agreeing with our argument that the FEC did not have independent litigating authority to challenge the decision of the court of appeals. The case was argued before the Supreme Court by Mr. Cooper.

Issue
Challenge to a SEC APA Approval
Level of Court
US Court of Appeals - DC Circuit

Overview We represented petitioners challenging the SEC’s approval of the Options Clearing Corporation’s capitalization plan pursuant to the APA. The U.S. Court of Appeals for the D.C. Circuit held that the SEC abused its discretion, and on remand, the SEC vacated its earlier order and disapproved the OCC’s capitalization plan. This case culminated in a five-week trial arising from the government’s breach of contract. We sought lost profits that would have been generated by our client, absent the breach. At the conclusion of trial, the case settled on favorable terms.

Issue
Miami Airport Terminal Cost Allocation
Level of Court
US Court of Appeals - DC Circuit

Overview We represented American Airlines in connection with its defense of a Department of Transportation regulation that allocated the costs of building a new terminal at Miami International Airport. The court of appeals upheld the regulation.

Issue
Union's Appeal of Diversity Back Pay Award
Level of Court
US Court of Appeals - Second Circuit

Overview We represented Local 28 of the Sheet Metal Workers International in an appeal from a finding of contempt resulting from the union’s failure to meet a court-ordered minority membership goal and its failure to ensure a racially proportional distribution of hours worked among its members. We successfully argued that the district court’s substantial back pay award should be vacated.

Issue
Validity of FCC Rulings
Level of Court
US Court of Appeals - DC Circuit

Overview We represented Covad Communications Company (“Covad”) as an intervenor-defendant seeking to defend the validity of FCC rulings challenged by the nation’s largest local telephone companies and their trade association. We were engaged shortly after the D.C. Circuit Court of Appeals ruled in favor of the plaintiffs’ challenge. The decision raises a number of important questions regarding the FCC’s discretion to issue rules implementing the requirements of the Telecommunications Act of 1996.