Administrative Law and Regulatory Practice

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A Long History of Defending Administrative and Governmental Matters

Phillips Lytle has a long history of expertise in all aspects of law relating to the powers, procedures and operations of the administrative state, including state and local governments, public authorities, public benefit corporations, and all their governing bodies and boards and subsidiary agencies and departments.

Our Administrative Law Practice includes both the defense of determinations made by public entities and challenges on behalf of individuals and private-sector businesses to legislative enactments, administrative regulations, and other agency decisions. Our practice is multi-disciplinary with expertise in many facets of governmental function, including land use, environmental and tax law.

Experienced Administrative Law Attorneys

Our areas of experience in administrative law and government operations matters include:

Drafting and reviewing statutes, ordinances, and resolutions for governmental clients.
Advising and assisting planning boards, zoning boards, water boards, and public boards and commissions, including those that govern public authorities and public benefit corporations.
Challenging the constitutionality of local, state and federal law on behalf of individuals and private-sector businesses.
Representing state and local governments and their governing boards and elected and appointed officials in all aspects of litigation, in both federal and New York State judicial forums.
Advising government boards and public officials concerning their governance and fiduciary responsibilities.

Industry Recognition

Areas of Focus in Administrative Law

The comprehensive representation we offer to our clients includes extensive work with clients navigating government contracts and election law.

Government Contracts

Our attorneys represent clients throughout every stage of the government contract process. We offer guidance with responding to solicitations through award and administration. Additionally, we assist in obtaining information on government contracting matters via Freedom of Information requests, resolution of disputes and strategic communications.

Thanks to our strong background navigating legal matters at both the state and federal level, Phillips Lytle has the experience to help our clients reach their business objectives.

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Election Law

The representation we provide in election law matters includes litigating legislative redistricting and reapportionment, assisting candidates with campaign finance compliance matters, and prosecuting or defending challenges to candidate designating petitions and candidacies for public office.

A Broad Range of Administrative Law Expertise

Phillips Lytle has counseled and litigated on behalf of an extensive list of clients in a variety of administrative law and government operations matters, including:

Enforcement of and compliance with campaign finance laws and regulations.
Telecommunications and cellular tower siting issues.
Prosecution and defense of challenges to the constitutionality of state and local legislative enactments and administrative agency determinations.
Prosecution of challenges to assessments, fines, and other monetary penalties imposed by New York State and local governments.
Construction and enforcement of collective bargaining agreements.
Compliance with and challenges to agency regulations.
Litigation seeking enforcement of the requirements of the federal Administrative Procedure Act (APA), the New York State Administrative Procedure Act (SAPA) and local requirements for administrative rulemaking.
Eminent domain and condemnation matters.
Environmental review and compliance matters.
Compliance with and challenges to disclosure determinations made under the federal Freedom of Information Act (FOIA) and the New York State Freedom of Information Law (FOIL).
Compliance with lobbying and government ethics statutes and regulations.
Public employee relations matters.
Compliance with government contacting laws, public bidding disputes, and other challenges to governmental procurements.
Internal investigations.
Land acquisition and development.
Compliance with and challenges to land use enactments and determinations.
Challenges to the denial and revocation of government permits and licenses.
Municipal bond transactions and public finance matters.
Policing professional liability and disciplinary proceedings.
Prosecution and defense of proceedings pursuant to Article 78 of the New York Civil Practice Law and Rules.
Prosecution and defense of tort and breach of contract claims against state and local governments.
Prosecution and defense of real property tax certiorari proceedings.
Representation of large and small telecommunications companies in obtaining state and local authorizations for fiber and wireless deployments in multiple jurisdictions.

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Administrative Law Representative Matters

Representative government operations matters and administrative law cases in which Phillips Lytle has been involved include:

Defending constitutional challenges regarding campaign finance and ballot access law requirements.
Defending New York State and local legislative redistricting laws.
Challenging ballot access petition signatures procured as the result of fraud.
Defending the validity of certificates of nomination and authorization issued to candidates for public office.
Challenging a municipality’s actions in collecting gross receipt sales tax.
Serving as lead counsel in an action against a municipality to challenge the application of the State Real Property Tax.
Representing a public utility in challenging the determinations of a foreign state utility commission.
Representing the Catholic Health System against the New York State Department of Health in challenging the recommendations of the New York State Commission on Health Care Facilities in the 21st Century.
Counseling a municipality concerning proposed changes to its structure of governance.
Counseling municipalities and public authorities concerning compliance with their statutory duties under New York statutes and regulations.
Contesting the enforceability of subpoenas issued by a local government to a public authority created by New York law.
Challenging the constitutionality of taxes imposed upon a not-for-profit corporation, solely because it is organized under the laws of a state other than New York.
Counseling individuals and private businesses concerning compliance with New York’s ethical rules regulating interactions with public officials.
Prosecuting and defending claims for breach of contract, negligence, and breach of fiduciary duty by and against state and local public officials and government agencies.
Advising former members of defaulted group self-insurance trusts (GSITs) concerning their obligations in response to defaulted GSITs’ takeover and administration by the New York State Workers’ Compensation Board.
Advising workers’ compensation insurers concerning their statutory and regulatory responsibilities for insuring customers in New York.
Representing a public corporation in a dispute with a public authority that had breached a ten-year term contract.
Challenging determinations rendered by the New York State Public Service Commission.
Defending litigation that seeks disclosure of trade secrets and other sensitive business information in response to a request made pursuant to the New York State Freedom of Information Law.
On behalf of a diversified energy company, challenging certain excessive permit fees charged by a city as an unconstitutional tax and in violation of a franchise agreement.
Representing multiple companies that sustained cyberattacks, overseeing confidential internal security audits, and handling the various reporting and notification requirements imposed by several states where online customers resided to minimize future litigation risks.
Advising a closely held company on the legal, human resources and public relations risks arising from a criminal charge against a management-level employee for possession of child pornography on his computers.
Favorably resolving an investigation by the New York State Attorney General’s Office regarding alleged consumer fraud and false advertising charges with respect to content on a company’s website.
Representing municipalities in prosecuting disciplinary charges against public employees.
Negotiating collective bargaining agreements on behalf of public employers.
Representing a village to obtain legal remedies for contamination of its water supply.
Challenging the proposed revocation of a business’ authorization to sell products in exchange for Supplemental Nutrition Assistance Program (SNAP) benefits.
Representing clients to obtain land use approvals necessary for development projects, and to defend such approvals in response to ensuing litigation challenges.
Challenging regulations and monetary assessments imposed by New York State agencies, on account of lack of compliance with the New York State Constitution, New York State law and the SAPA in their imposition.
Prosecuting litigation to secure the removal of an elected town board member, by operation of the New York State Public Officers Law, on account of a criminal conviction.