Litigation

Litigation constitutes the largest portion of the firm’s work.  The firm has a cadre of highly skilled trial lawyers, with many years of experience in jury and non-jury trials.  And, the firm has for over sixty years been one of the leading appellate and Supreme Court firms in the country.  Our litigation practice is nationwide – in federal and state courts – often involves high-stakes matters, complex legal issues, and multiple parties, and includes a broad and ever-changing range of substantive areas, including RICO and antitrust defense, civil rights class actions, constitutional issues, election and campaign finance issues, grand jury and congressional investigations, white collar criminal defense, LMRDA issues, internal investigations for private institutions, interest arbitrations, inspector general investigations, government agency rulemaking proceedings, bar disciplinary proceedings, tort and contract cases, bankruptcy proceedings, collective bargaining, and labor grievances and arbitrations.  The litigation matters that the firm handles arise in a wide spectrum of industries, including manufacturing, education, service industries, construction, music, sports, air and rail transportation, public agencies – e.g., schools, police, fire, postal – and many others.

Noteworthy matters on our docket have included, by way of example:  a lawsuit in which the firm represented, inter alia, nine school districts challenging the unfunded mandates imposed pursuant to the “No Child Left Behind Act”; lawsuits challenging, on state and/or federal constitutional grounds, school voucher statutes enacted in Ohio, Pennsylvania, Vermont, New Hampshire, Arizona, Colorado, and Florida; lawsuits challenging several of President George W. Bush’s Executive Orders; lawsuits seeking to preserve health care benefits for retirees in several manufacturing industries; a number of RICO defense cases on behalf of labor unions under attack for the use of certain modern, aggressive bargaining and organizing strategies; representation of unions, other legal entities, and individuals in a number of grand jury investigations in New York, California, Pennsylvania, and the District of Columbia; substantial LMRDA defense litigation; representation of a Department of Justice attorney in a DOJ Office of Professional Responsibility investigation; conduct of a number of internal investigations on behalf of international or local unions; civil rights actions challenging the failure of the District of Columbia to provide appropriate protection for persons in custodial facilities other than prison; representation of a top NIH research official in connection with congressional and NIH investigations into conflicts of interest at NIH; and defense of an FEC action challenging the conduct of an international union in a federal election campaign.

The firm’s current involvement in high profile cases is consistent with the firm’s history of such involvement.  The firm’s many Supreme Court cases include:  the case challenging President Truman’s seizure of the steel industry (Youngstown Sheet & Tube v. Sawyer, 343 U.S. 579 (1952)); the so-called Steelworker Trilogy (Steelworkers v. American Mfg. Co., 363 U.S. 564 (1960), Steelworkers v. Warrior & Gulf Navigating Co. 363 U.S. 574 (1960) and Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593 (1960)); the Karen Silkwood case (Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984)); the leading OSHA occupational exposure to toxic substances cases – the cotton dust and benzene standards (Industrial Union Department v. American Petroleum Institute, 448 U.S. 607 (1980) and American Textile Mfr. Inst. v. Donovan, 452 U.S. 490 (1981)); the landmark private sector affirmative action case (Steelworkers v. Weber, 443 U.S. 193 (1979)); the landmark case on remedies for constitutional violations (Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274 (1977)) and the school voucher case (Zelman v. Simmons-Harris, 536 U.S. 639 (2002)).

At the trial or investigation level, the firm has been involved over the years in such notable or notorious matters as:  representation of Senator Metzenbaum and his staff in the Clarence Thomas-Anita Hill leak investigation; representation of one of the major targets in the FBI files investigation, known as “Filegate”; representation of various IRS employees in the 2013 investigation alleging Obama Administration targeting of political opponents; representation of several Clinton Administration officials in a number of grand jury, independent counsel and congressional investigations, including various investigations into campaign fundraising, leaks and the personal behavior of the President; representation of the AFL-CIO and various international unions and individuals in the Thompson Committee investigation in the Senate into the financing of the 1996 federal election campaign; representation of the AFL-CIO and various other unions and individuals in the grand jury and congressional investigations growing out of the Teamster’s election scandal; representation of an international union in the congressional investigation of New York Chinatown sweatshops; representation of a state treasurer’s office in an investigation into its contracting practices conducted by other state agencies and by the state legislature; representation of a member of Independent Counsel Kenneth Starr’s staff in a criminal contempt trial growing out of alleged leaks of confidential information.