What We Do
Regulatory Practice
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Advocacy in the Rulemaking Process
Existing law gives state and federal agencies the authority to implement regulations designed to protect competition for the benefit of farmers, workers, and consumers; to prevent dominant firms from abusing or expanding their power; and to ensure that businesses are competing on the merits and succeeding through hard work — not through bullying rivals, deceiving consumers, or exploiting workers. Until recently, these antimonopoly authorities had been neglected by policymakers, but the last few years have seen a revitalization of policy interest in curbing unfair, deceptive, and monopolistic practices.
We help our clients translate that interest into antimonopoly action by responding to agency requests for information and submitting comments on proposed regulations that give agencies the legal and policy arguments for such action. Where necessary, we also use the rulemaking process to urge agencies to abandon or modify regulatory proposals that threaten to undermine free and fair competition in the marketplace — including by laying the groundwork for lawsuits under state and federal Administrative Procedure Acts and other statutes governing agency actions.
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Complaints & Petitions for Enforcement Action
Many of the social, economic, and environmental problems that rural communities face today stem from unlawful monopolistic, unfair, or deceptive practices that violate state and federal antitrust laws. We help our clients urge antitrust enforcers to take action against abusive corporations by drafting well-pleaded complaints and petitions for enforcement action. Where we can make a case that an agency is withholding action that it is required to take by law, we use the complaint or petition process to lay the groundwork for a lawsuit compelling the agency to do its job. Where an agency clearly has discretion, we seek to persuade by drafting complaints that rigorously demonstrate legal violations within the agency’s purview, or petitions that effectively show the harms of the status quo and the benefits that would result from regulatory reform.
Litigation Practice
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Investigating Wrongdoing & Developing Cases
We investigate corporate wrongdoers at the behest of farmers, workers, consumers, local governments, and small businesses in rural communities. With a focus on identifying violations of the antitrust laws, laws prohibiting unfair or deceptive trade practices, and related protections, we undertake methodical investigations of corporations and industries causing harm to our clients to determine whether actionable violations exist, and then build litigation strategies around them. Our goal in every investigative engagement is to develop a meritorious case that can secure both monetary compensation for our clients and systemic reform in consolidated and abusive industries.
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Bringing Antitrust and Unfair Trade Practice Lawsuits
After investigating and developing a client’s case, we draw on our national network of plaintiff’s lawyers, experts, and professionals to assemble a litigation team that aligns with our client’s goals and can effectively bring the case. Once a litigation team is engaged on a case, our role shifts, but we remain by our client’s side through the end. We provide our clients with a single point of contact and coordinate the litigation team. We shape the direction of the case during its early stages by playing a substantial role in drafting the complaint, responding to motions to dismiss, and crafting discovery requests. Finally, as the case moves toward trial, we provide strategic legal and industry expertise to the trial team. All along, we remain vigilant in our efforts to help clients achieve the redress and reform they seek.
Policy Practice
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Policy Research & Analysis
In addition to our regulatory and litigation work, we sometimes serve trade associations, advocacy groups, and political campaigns in a policy counsel role. Drawing on our core expertise in antitrust law and trade regulation, as well as on our deep familiarity with the agriculture, banking, and community development sectors, we help clients assess how consolidated market structures and unfair trade practices affect their missions, and then develop policy positions to match. Digging in on specific issue areas within our subject-matter expertise, we can perform in-depth research, analyze policy alternatives, and produce comprehensive reports to highlight approaches aligned with the client’s mission.
We are nonpartisan and work with groups and individuals across the political spectrum. Indeed, our antimonopoly perspective and ability to investigate business realities often allow us to help clients escape ideological silos and craft policy solutions that appeal across traditional political divides.