Brett A.Shumate

Partner

Washington + 1.202.879.3835

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Brett Shumate assists clients with high-stakes regulatory litigation involving the government. He develops creative strategies to challenge laws, regulations, and executive orders on constitutional and statutory grounds. He handles emergency litigation and defends clients in bet-the-company enforcement actions.

Brett has successfully challenged a broad range of government actions. He represented property owners in blocking the federal eviction moratorium in the United States Supreme Court. He represented a pharmaceutical manufacturer in an appeal enjoining an enforcement action involving drug prices. He challenged the structure of the Consumer Product Safety Commission (CPSC) under the Constitution's separation of powers. He stopped the Federal Election Commission (FEC) from concealing its voting records in enforcement matters. He has handled numerous appeals challenging Federal Communications Commission (FCC) orders, including the FCC's net neutrality rules.

Brett regularly represents clients in litigation arising under the Administrative Procedure Act (APA); Section 340B of the Public Health Service Act (PHSA); Food, Drug, and Cosmetic Act (FDCA); Medicare Act; Inflation Reduction Act (IRA); Hatch-Waxman Act; Consumer Product Safety Act (CPSA); Occupational Safety and Health (OSH) Act; Federal Election Campaign Act (FECA); Federal Advisory Committee Act (FACA); Freedom of Information Act (FOIA); Telephone Consumer Protection Act (TCPA); and Tariff Act. He also advises clients in matters involving climate change, ESG (environmental, social, and governance), trade, telecommunications, patents, and banking laws.

Brett joined Jones Day from the U.S. Department of Justice, where he served as deputy assistant attorney general for the Civil Division's Federal Programs Branch.

Erfahrung

  • Real estate industry persuades Supreme Court that legislative permitting exactions are subject to Takings Clause scrutinyJones Day filed an amici curiae brief in the U.S. Supreme Court on behalf of the real estate industry in a case challenging a California court’s ruling that legislative permitting exactions are not subject to Takings Clause scrutiny.
  • Exxon Mobil pursues declaratory judgment action against shareholder proposalJones Day is representing Exxon Mobil Corporation in seeking a declaratory judgment that it may exclude from its proxy statement under SEC Rule 14a-8 a shareholder proposal from activist organizations Arjuna Capital and Follow This that calls for targets to reduce Scope 1, 2, and 3 greenhouse gas emissions.
  • Former New York Superintendent of Insurance files amicus curiae brief in First Amendment caseJones Day filed an amicus curiae brief in the U.S. Supreme Court on behalf of James P. Corcoran, the former New York State Superintendent of Insurance, in a First Amendment challenge to alleged conduct by the former Superintendent of the New York Department of Financial Services.
  • Real estate industry associations file amici curiae brief supporting Fifth Amendment takings claimsJones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a challenge to a lower court’s ruling that property owners cannot sue the State of Texas directly under the Takings Clause.
  • Leading trade associations submit comments on FSOC proposalsJones Day drafted comment letters for several leading financial services and business trade associations in response to Financial Stability Oversight Council (FSOC) proposals relating to the non-bank systemic risk designation process.
  • Heritage Action for America successfully challenges FEC's concealment policyJones Day successfully represented Heritage Action for America in challenging a policy adopted by the Federal Election Commission to deliberately conceal from the public and courts the FEC Commissioners' votes deadlocking on whether administrative complaints warranted agency enforcement efforts.
  • BMS challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Bristol Myers Squibb Company ("BMS"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Real estate industry trade associations file amicus curiae briefs challenging New York rent control lawJones Day filed amicus curiae briefs in the U.S. Supreme Court on behalf of a coalition of real estate industry trade associations urging the Court to hear two cases challenging the constitutionality of New York’s Rent Stabilization Law (“RSL”).
  • Nonprofit secures dismissal of novel citizen suit under Federal Election Campaign ActIn a case of first impression, Jones Day successfully represented a nonprofit group in defense of a Federal Election Campaign Act citizen suit, securing dismissal of the suit.
  • National Association of REALTORS® files Supreme Court amicus brief in takings caseJones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a Takings Clause case challenging Minnesota's tax-foreclosure law, which allows the government to seize a homeowner's property to satisfy a government debt and keep any surplus from the sale in excess of the debt owed as a windfall.
  • U.S. Chamber of Commerce files amicus brief challenging Consumer Product Safety Commission ruleJones Day filed an amicus brief in the D.C. Circuit on behalf of the U.S. Chamber of Commerce in a case challenging the Consumer Product Safety Commission's recent mandatory rule regarding custom window coverings.
  • Sanofi successfully challenges HHS enforcement of Section 340B drug pricing statuteJones Day successfully represented Sanofi in litigation challenging the U.S. Department of Health and Human Services' (HHS) enforcement action under Section 340B of the Public Health Service Act.
  • Telecommunications company engages with FCC rulemaking under Infrastructure ActJones Day represents a national telecommunications company in connection with the Federal Communications Commission’s proposed rulemaking on digital discrimination under the Infrastructure Investment and Jobs Act.
  • Drug manufacturer obtains dismissal of Section 340B administrative dispute resolution claimJones Day successfully represented a drug manufacturer in obtaining dismissal of an administrative dispute resolution (“ADR”) claim alleging that the manufacturer had overcharged certain "covered entities" eligible for discounted drug pricing under Section 340B of the Public Health Service Act.
  • National Association of Realtors supports takings challenge to eviction moratoriumJones Day filed an amicus curiae brief in the U.S. Court of Appeals for the Federal Circuit on behalf of the National Association of Realtors in a Takings Clause case brought by rental property owners against the federal government to obtain just compensation for losses attributable to the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.
  • Patent owner challenges FDA regulatory review determinationJones Day represents a patent owner in challenging the U.S. Food and Drug Administration's (FDA) regulatory review period determination for its drug.
  • National Association of REALTORS® files Supreme Court amicus brief in copyright caseJones Day filed an amici curiae brief in the Supreme Court on behalf of the National Association of REALTORS® and 17 other entities connected to the real estate industry in a copyright case involving floorplans.
  • Consumer organization successfully challenges structure of Consumer Product Safety CommissionJones Day successfully represented a consumer organization in a constitutional challenge to the structure of the Consumer Product Safety Commission.
  • Scientist challenges composition of EPA advisory committeesJones Day represents Dr. S. Stanley Young, a scientist challenging the composition of two United States Environmental Protection Agency (EPA) advisory committees — the Science Advisory Board and the Clean Air Scientific Advisory Committee.
  • Employer challenges OSHA under nondelegation doctrineJones Day represents Allstates Refractory Contractors, LLC in challenging the United States Occupational Safety and Health Administration's (OSHA) statute as a violation of the nondelegation doctrine.
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    February 2024 Commentary

    OCC Proposal and Policy Statement on Bank Mergers Could Freeze the Banking Industry in Place

    FEBRUARY 2024 Alert

    SEC Rejects Call to Alter "No Admit/No Deny" Settlement Rule

    January 2024 Commentary

    What About the Kitchen Sink? FSOC Plans Even More in 2024

    December 2023 Alert

    New FCC Rule Affects Consumer Consent for Robocalls and Robotexts

    November 2023 Alert

    DOJ's Immigration-Employment Program Faces Headwinds Amidst Milestone Settlement

    OCTOBER 2023 Alert

    FDA Announces Proposed Rule Regarding Laboratory Developed Tests

    September 2023 Alert

    Grayscale Scores Win Against the SEC, but the Agency's Significant Market Test Remains Unaddressed

    August 2023 Alert

    Industry Anticipates Impending FDA Proposed Regulation Addressing Laboratory Developed Tests

    August 2023 Commentary

    Federal Banking Agencies Propose Increased Capital Requirements for Large Banks

    June 2023 Alert

    FTC Public Comment Request Signals Continued Increase in State AGs Enforcement Efforts
    Weitere Veröffentlichungen

    Weitere Veröffentlichungen

    • February 10, 2020
      Justice Kavanaugh Hints at Future Consideration of Nondelegation Doctrine

    Publications Prior to Jones Day

    The International Comparative Legal Guide to Telecoms, Media & Internet Laws & Regulations (2017)

    Business and Commercial Litigation in Federal Courts: Communications Litigation, 4th ed., Thomson Reuters (2016)

    FCC’s Use of "Fact Sheets" Short-Circuits the Administrative Procedure Act, Washington Legal Foundation (2016)

    10 Things To Know About Net Neutrality And Class Actions, Law360 (2016)

    Sponsored Data, Net Neutrality, and the 1st Amendment, Law360 (2016)

    Net Neutrality and the Rule of Law, Engage: The Journal of the Federalist Society Practice Groups (2015)

    The FCC’s Expanding Use of Delegated Authority and the Dilemma of Appellate Jurisdiction, Communications Lawyer, Vol. 31, No. 2 (2015)

    Don’t Tread on the Internet, Los Angeles Daily Journal (2014)

    D.C. Circuit Challenge to FCC’s Authority Over Fax Advertisements Has Important First Amendment Implications, Bloomberg BNA’s Telecommunications Law Resource Center (2014)

    Vortragstätigkeit

    • 04/16/2024
      Is Humphrey’s Executor still relevant?
    • 04/10/2024
      Protecting Real Estate Owners and Operators Against Emerging Regulatory Risks: Junk Fees, Credit, Collection, and More
    • February 4, 2023
      Post-Pandemic Legal Landscape and the Next Crisis
    • October 13, 2022
      National Association of Realtors Legal Education Seminar: Constitutional Law Keynote: Takings Challenges and Cases to Watch
    • July 13, 2022
      Federal Agency ESG-Related Rulemakings
    • January 27, 2022
      A View From Washington: Regulatory and Legislative Developments During the Biden Administration
    • January 12, 2022
      U.S. Government Records & Disclosure
    • December 10, 2021
      Vaccine Mandates and the Workplace – Legal and Practical Considerations for Employers
    • October 2021
      Litigation Strategy Forum for Administrative State Reform
    • October 2021
      Recent Trends in ESG Litigation
    • September 2021
      Litigation Update: Alabama Ass'n of Realtors v. HHS
    • September 2021
      Alabama Association of Realtors, et al v. DHHS
    • September 2021
      The 'Cancel the Rent Movement' - Conversation with the Plaintiff and Litigator that won the Eviction SCOTUS Case
    • September 2021
      Judges, SCOTUS, and the Shadow Docket
    • June 3, 2020
      Return to Workplace Legal Considerations U.S. Companies need to know Post-COVID-19
    • March 3, 2020
      What In-House Counsel Need To Know About Agency Guidance: Banking Industry
    • January 29, 2020
      What In-House Counsel Need To Know About Agency Guidance: Webinar
    • November 21, 2019
      What In-House Counsel Need To Know About Agency Guidance: Telecommunications Industry
    • November 19, 2019
      What In-House Counsel Need To Know About Agency Guidance: Retail Industry
    • October 29, 2019
      The Future of Administrative Records after Department of Commerce v. New York

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