Intellectual Property and Technology
Alternative Dispute Resolution
Antitrust and Unfair Competition
Bankruptcy, Creditor’s Rights and Insolvency-Related Litigation
Business Disputes / Commercial
E-Discovery and Records Compliance
Federal Regulatory and Administrative
Fraud, False Claims and Qui Tam
Government and Public Policy Litigation
Insurance & Financial Institutions
Intellectual Property Litigation
Product Liability and Toxic Torts
Securities / Shareholder Disputes
GOVERNMENT AND PUBLIC POLICY LITIGATION: DESCRIPTION
Leveraging the strength of the Firm’s nationally recognized Government Affairs and Government Contracts practices, the Government and Public Policy Litigation Group focuses on complex litigation at the intersection of government and business, including:
- Government contract and bid protest litigation
- Outsourcing and privatization litigation
- Administrative and regulatory litigation
- Government ethics litigation
- Government investigations
As government on all levels becomes increasingly intertwined with and important to private enterprise, success in resolving disputes is frequently defined not only by winning the individual case but also by enhancing our clients’ long-term and complex relationships with government and image to the public. Drawing on our extensive experience with complex and high-profile litigation, as well as that of the professionals on our uniquely positioned Government Affairs and Government Contracts teams, we provide comprehensive expertise to ensure that our clients fulfill their objectives both in the courtroom and in the public arena. Our practice further offers the distinctive perspective gained from our continuing representation of governmental entities and elected officials in high-profile matters.
Clients have found our experience and focus particularly valuable in cases involving procurement and bid protests, litigation involving business transactions in tightly regulated industries, and cases requiring close coordination with governmental relations. Representative engagements include the following:
- Successfully representing the State of Georgia’s largest health insurer in its conversion from a non-profit to a for profit company, including legislation allowing the conversion, representation in “change of control” proceedings before the Georgia Department of Insurance and related administrative appeals, and successful defense of two class actions challenging the conversion.
- Representation of numerous clients asserting and defending against bid protests with a number of Georgia state and local government entities, including the Department of Administrative Services, the Department of Community Health, the Department of Corrections, the Department of Human Resources, the Department of Transportation, the Department of Education, the Georgia Technology Authority, the Georgia World Congress Center, the City of Atlanta, Fulton County, and others. These protests were litigated in every forum, from informal administrative appeals to litigation before the Georgia Supreme Court, and involved a wide variety of goods and services, including health insurance, data processing outsourcing, computer hardware and software, medical transportation, computer outsourcing, prison commissary products, food services, financial systems, medical supplies, security services, airport baggage security, and other goods and services.
- Extensive experience in complex land-use and real estate development matters, including representing pioneering urban loft developer in litigation and successful municipal bond debt restructuring; counseling developer of $400 million Atlantic Station development with respect to disputes over tax allocation district bond financing; successful representation of developer in administrative proceedings in effort to revitalize historic Auburn Avenue; for music festival promoters, winning zoning appeal against City of Atlanta; representation of major timber company in statutory and constitutional challenge of the Georgia Department of Transportation’s threatened condemnation of wetlands environmental credits.
- Currently representing Fortune 500 data processing outsourcing company in all aspects of its $300 million health care claims processing contract with the Georgia Department of Community Health, including procurement, scope of work claims, mediation, litigation, government relations, and transactional work.
- Working through the Governor, the Attorney General, and the State Director of Environmental Protection, we currently represent the State of Georgia in major interstate water rights litigation against Alabama and Florida and the U.S. Army Corps of Engineers in five federal district courts, the Judicial Panel on Multidistrict Litigation, the D.C. Circuit, and in related FERC proceedings against Alabama Power Company.
- Successful defense of Fortune 500 computer hardware and systems integration company against federal qui tam charges over development of federally subsidized Child Support Enforcement System for the State of South Carolina and simultaneous successful trial and multi-million dollar settlement of breach of contract action against software development subcontractor.
- Successful defense of elected officials at federal, state, and local levels before Federal Election Commission, State Ethics Commission, and local ethics boards.
- Representation of Georgia Supreme Court justice, U.S. House Representatives, and state Senators in successful campaigns for election, and successful representation of elected officials in recall proceedings.
- Successfully defended Fortune 500 company against allegation of improper sales practices by persuading Georgia Inspector General and state agency from pursuing a formal investigation.
- Successfully defended Fortune 500 company in multi-million dollar recoupment action brought by the Georgia Department of Community Heath and State Inspector General, resulting in complete dismissal of action.
- In action by outdoor advertiser against the Georgia Department of Transportation, enjoined Georgia Department of Transportation from terminating state contract and then successfully negotiated multi-million dollar settlement and new multi-year contract.
- For client involved in sale of pre-paid calling cards throughout the nation, successfully developed and implemented aggressive position on payment of city business taxes and fees.
- For client with statewide contract to provide computers, servers, and other hardware to Georgia state agencies, counseled client on whether providing additional services and applications would constitute “scope creep” in possible breach of the contract.
- For managed care company providing services as part of state care management organization, successfully worked with Georgia Department of Community Health regarding implementation of algorithm used to assign members to a state health care plan.
- Successfully represented advocacy group in investigation by Georgia Attorney General and Georgia Bureau of Investigation into allegedly improper sponsorship solicitation.