Government Law & Disputes

Our team is comprised of experienced lawyers with political experience and the proven ability to navigate complex state and local government, administrative, and regulatory issues through policy development, lobbying, litigation, and counseling.

Government Law

Our government law attorneys regularly advise clients on the intricacies of Oregon’s Constitutional, statutory, regulatory, and local laws. Whatever the government-related issue, we draw on the knowledge and background of attorneys from across the firm to provide straightforward, actionable advice on the best method for addressing it.

When the solution involves legislation, our team has deep experience in coordinating and negotiating with diverse stakeholders – first in early policy formation and then in taking broad policy goals and agreements to the legislative drafting stage. Our lawyers include a former Oregon Legislative Counsel drafter, who provides clients with the highly specialized drafting services and advice necessary to advance policies that can be interpreted clearly and achieve intended outcomes. We partner with our Government Relations team to carry the work forward, lobbying to achieve positive results for clients in a tumultuous political environment.

Even once a legislative proposal become law, many times the most critical work is done at the administrative stage. Our team regularly advises clients and provides representation during administrative rulemaking, drafting comment letters, participating in advisory committees, and otherwise coordinating with agency officials and stakeholders to advance client interests.

When legislating through initiative or referendum is involved, our people are skilled and ready to participate. We have expertise in the initiative drafting process and, conversely, have achieved significant wins for clients in challenging ballot titles before the Attorney General and Oregon Supreme Court.

We also work with elected officials and advocacy groups to analyze and handle government process issues, including determining whether policies or ordinances were adopted appropriately under state and local law, and helping avoid legal challenges in the future or lodging legal challenges on behalf of folks who are impacted by rules that were not properly passed.

Government Disputes & Investigations

Our firm regularly assists clients in disputes with the government. Several of our lawyers have formerly worked for the government, giving us the insight and judgment to handle administrative proceedings, investigations, and preemption matters for clients. When disputes with the government require litigation, our team has experience in:

Administrative Disputes: We seek favorable rulemakings from federal and state administrative agencies and respond to or challenge new rules on behalf of clients. We also assist with Civil Investigative Demands and Subpoenas to produce documents and testimony from a wide variety of state and federal agencies. We regularly represent clients before the:

• Bonneville Power Administration
• Environmental Protection Agency
• Federal Communications Commission
• Federal Deposit Insurance Corporation
• Federal Energy Regulatory Commission
• Federal Reserve Board
• Federal Trade Commission
• Financial Industry Regulatory Authority
• Land Use Board of Appeals
• Office of the Comptroller of the Currency
• Oregon Department of Justice
• Oregon Division of Finance and Corporate Securities
• Oregon Public Utility Commission
• Securities and Exchange Commission
• U. S. Department of Justice
• Washington Public Utility Commission

Enforcement Actions: We handle complicated matters involving securities law, antitrust, and corporate governance and often represent companies, officers, and directors in SEC and state enforcement actions.

Federal Preemption: We represent companies seeking federal preemption of unfavorable state and local statutes and regulations. 

Government Investigations: We help individuals and companies respond to government investigative demands, subpoenas, and search warrants, as well as in facing ongoing investigations by state and federal agencies.

Government Overreach: We help clients faced with unreasonable applications of existing laws and regulations.

Tax: We represent clients in tax controversies, including audits and litigation before the Internal Revenue Service, state and local taxing authorities, the U.S. Tax Court, the Oregon Tax Court, and more.

Local Short Term Rental Policy Work

Our team has been engaged in high profile short-term rental (STR) policy disputes from the Oregon Coast, to the Gorge, to Central Oregon. We have developed a deep understanding of the state and local laws and procedures, as well as the political calculations and challenges, which drive the issues and have made them so difficult in recent years. We represent advocacy groups seeking to protect their property rights to operate STRs by using a multi-disciplinary, collaborative approach to first try to influence the public, policymakers, and staff to limit their overreaching restrictions. If that does not fully succeed, we use our extensive experience to litigate land-use and government law issues in state and federal courts, or in front of the Land Use Board of Appeals. We have a track record of targeted, efficient success helping these groups achieve what they ultimately want: long-term preservation of their right to operate an STR, or sell their property to someone who does.