Phil Perry is a litigation partner in Latham & Watkins' Washington, D.C. office. His practice includes a range of complex litigation and federal administrative law matters, as well as a variety of commercial disputes.
Over the past decade, Mr. Perry has served in a number of prominent and senior positions in the US government, including at the US Department of Justice, the White House and the US Department of Homeland Security. At the Justice Department, Mr. Perry served as acting Associate Attorney General (the third ranking official in the Department) overseeing the Department's Civil, Environment and Natural Resources, Antitrust, Tax and Civil Rights divisions. At the White House, Mr. Perry served as the General Counsel of the Office of Management and Budget, addressing appropriations and budget issues, overseeing White House clearance of significant federal regulations and participating in White House and interagency policy development. In addition, following unanimous confirmation by the US Senate in 2005, Mr. Perry served as the General Counsel of the Department of Homeland Security, managing more than 1,500 lawyers in the Department's Office of General Counsel and advising the Secretary of Homeland Security and the White House on the Department's legal and policy issues. From 1997-1998, Mr. Perry also served as Counsel to the US Senate's Special Investigation of Campaign Finance Abuses.
Since returning from government service to Latham in 2007, Mr. Perry’s practice has included a specific focus on biotechnology, on complex government contracting issues, on a variety of environmental issues (specifically including NEPA and endangered species matters), and on cutting edge FDA matters. Mr. Perry has also successfully resolved multiple commercial disputes through arbitration or mediation. Drawing on his National and Homeland Security expertise, he has also counseled clients in matters involving chemical facility security, on CFIUS issues, on SAFETY Act matters, and a on number of related security questions. In addition, drawing both on his experience as counsel to a Senate Committee and as former executive branch General Counsel, Mr. Perry has also often represented clients in Congressional investigations and inquiries, including recent Congressional investigations regarding environmental issues.
Mr. Perry has been recognized as a leading litigator in the Euromoney Institutional Investor Benchmark: Litigation 2008 guide. He also chairs Latham's Homeland Security and Public Policy Practice Groups.
Mr. Perry's recent high profile litigation matters include:
- Monsanto Co. v. Geertson Seed Farms, 130 S. Ct. 2743 (2010)
- Entergy Corp. v. Riverkeeper, Inc., 129 S. Ct. 1498 (2009)
- Ctr. for Food Safety v. Vilsack, 636 F.3d 1166 (9th Cir. 2011)
- Sottera, Inc. v. FDA, 627 F.3d 891 (D.C. Cir. 2010)
- Ctr. for Food Safety v. Vilsack, No. 10-4038, 2011 US Dist. LEXIS 31688 (N.D. Cal. Mar. 17, 2011)
- Wyeth Pharmaceuticals v. FDA, No. 1:09-cv-01810-FJS, slip op. (D.D.C. Sept. 24, 2009)
- Sottera, Inc. v. FDA, 680 F. Supp. 2d 62 (D.D.C. 2010)