SGR’s Administrative Law Practice offers experience and in-depth knowledge within the regulatory landscape.
We are skilled in guiding clients through intricate regulatory environments, providing strategic representation in high-stakes scenarios involving governments and government agencies. Our team meticulously analyzes the rules, policies, pamphlets, and agency memoranda that govern our clients’ affairs to develop insightful, practical guidance at every step. Governments and governmental entities themselves come to SGR for advice and representation in especially challenging matters. As disputes arise, we stand ready to assert our clients’ rights with unwavering determination.
With a demonstrated history of achievements, we guide clients through investigations, address administrative actions, and handle civil and criminal suits brought by state and federal agencies. Our seasoned litigators bring a wealth of experience, strategic insight, practical advice, and a relentless commitment to every case. Our successes span the gamut of business affairs that government regulation touches, including health care, energy, environment, construction, tax, intellectual property, and white-collar law. We leverage SGR’s litigation practice, and our deep understanding of regulatory processes, to ensure that no matter how complex the situation, we are prepared to navigate it effectively.
Our track record in regulatory matters speaks for itself – select representative experience in various sectors can be found below.
Administrative Permit Appeal
- SGR won an administrative appeal against a municipality concerning the denial of a permit to operate a large metal recycling facility proving that the city’s denial was without authority and an abuse of discretion. The administrative ruling was reversed on appeal to the Circuit Court of Cook County and is currently on appeal to the Illinois Appellate Court. City of Chicago v. City of Chicago Department of Administrative Hearings, et. al, Illinois Appellate Court, First District, Case No. 1-24-1683.
Health Care
- SGR regularly represents psychologists and other mental health professionals before Georgia state licensing boards.
- SGR successfully represented a Series A funded medical device startup against the Georgia Department of Community Health. The Department had denied the client’s application for key approvals necessary to sell its marquis and only product. In trial before the Georgia Office of State Administrative Hearings (Georgia’s specialty regulatory law Court), SGR demonstrated that all of the Department’s rationales for denying the application were erroneous under the pertinent regulations and the Georgia Administrative Procedure Act, which was an overall positive outcome for our client.
- SGR has successfully represented clients in numerous administrative litigation matters related to Georgia’s Certificate of Need program, appeals of Medicaid recoupments, and license denials before the Georgia Office of State Administrative Hearings.
- SGR regularly counsels healthcare industry clients who need assistance in applying or re-applying to state boards for healthcare professional licensure; responding to investigations by various healthcare professional licensing boards; compliance with licensure requirements and regulations; applying for enrollment in the Medicare and Medicaid programs; determining, preparing, and submitting requests for approval and/or notice submissions to state and/or federal agencies as a result of transactions; compliance with FDA regulations; and compliance with state and federal regulations pertaining to Medicare and Medicaid billing and anti-kickback rules, 340B pharmacy discount programs, federal grants and subawards, short- and long-term public health mandates, and public health surveillance activities and data gathering.
- SGR represented the Georgia Department of Community Health in developing a new contract for use with its Medicaid Managed Care Program contracted payors. The new contract is currently being used in the state-wide bid process, and once the winning vendors are chosen, SGR will negotiate the contracts on behalf of the Department.
- SGR represented a major health insurance provider in defense of a bid protest over the award of the State Health Benefits contract.
- SGR represented a primary health insurance provider in administrative and judicial challenges to the award of a contract to provide Medicaid coverage to Georgia families.
- Since 1985, SGR lawyers have successfully represented numerous physicians in peer review (administrative) proceedings involving potential loss of license.
- SGR successfully prevented the Georgia Dental Board from denying dentists fundamental rights, preserving the dentists’ licenses. Thebaut v. Dental Board, 235 Ga. App. 194, 509 S.E.2d 125 (1998) and Thomas v. Dental Board, 197 Ga. App. 589, 398 S.E.2d 730 (1990).
- SGR successfully represented a physician in an administrative hearing before the American Board of Ophthalmology.
- SGR represented a medical accreditation organization conducting an administrative hearing challenging a participant’s eligibility.
- SGR represented a hospital during the appellate phase of a peer review proceeding.
Labor and Employment/ERISA
- SGR currently is prosecuting an action in federal court seeking relief under the Administrative Procedure Act on behalf of a group of farm owners against the Department of Labor.
- SGR recently assisted an employer with a union campaign and election that resulted in the union failing to win the representative election and withdrawing its subsequent objection to the election. SGR is currently involved in assisting a client in negotiating its collective-bargaining agreements and resisting ongoing union drives in California.
- SGR is currently assisting a client with OFCCP audits and assisting a client in a DOL Wage and Hour division audit.
- SGR represents clients before the Treasury Department and Department of Labor with respect to ERISA plan audits or requests for waiver of an ACA excise tax penalty.
Tax Litigation
- SGR has handled numerous administrative tax matters. SGR has served as national lead counsel for a large e-commerce company and its affiliates in more than 70 cases in 28 states brought by states, counties, and cities, as well as related consumer class actions, concerning the application of state and local taxes. SGR has represented the company at all stages of litigation from the administrative level to the state Supreme Court and federal court of appeals. SGR counsels other technology clients in state and local tax, regulatory, and litigation matters.
Intellectual Property
- SGR’s intellectual property lawyers routinely represent clients in administrative proceedings before the United States Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board (TTAB) in a wide variety of intellectual property matters.
Other Regulated Industries
- SGR represents SouthStar Energy Services, Georgia’s largest natural gas marketer with operations in ten states, in all aspects of its business, including litigation and regulatory matters.
- SGR lawyers represented Georgia’s 38 Electrical Membership Cooperatives in contentious evidentiary proceedings before the Georgia Public Service Commission regarding rural broadband access.
- SGR’s Robert Remar served for 13 years as the Hearing Officer for the Georgia Public Service Commission.
- SGR’s Samuel Richards served as a Georgia Assistant Attorney General representing multiple state agencies including the Georgia Environmental Protection Division, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission.
- SGR’s Anthony Cochran has represented individuals in administrative proceedings brought by the IRS, SEC, FDIC, OCC, DOD, EPA, HUD and HHS, as well as State regulators in Georgia (cemeteries, truck driving schools, insurance, and banking), Mississippi (environmental) and New York (securities).
- SGR successfully defended a CPA before the AICPA for alleged violation of an AICPA Rule, with the CPA fully vindicated in 2018.