Phil Perry is a partner specializing in complex civil litigation, commercial disputes, government contracts and federal administrative law. Over the past two decades, Mr. Perry has handled many high profile, high stakes matters. He has successfully litigated cases challenging federal regulations and administrative agency actions, but has also intervened in litigation and defended federal agency permits, approvals and other actions critical to his clients’ businesses.
Mr. Perry previously served in several prominent and senior positions in government. In 2005, Mr. Perry was nominated by the President and confirmed unanimously by the US Senate as General Counsel of the US Department of Homeland Security. In that role, Mr. Perry managed an office of 1500 lawyers responsible for all components of the Department. Prior to his appointment at Homeland, Mr. Perry served as General Counsel of the White House Office of Management and Budget, addressing budgetary, regulatory and policy issues across the Executive Branch. Mr. Perry also previously served as Acting Associate Attorney General for the US Department of Justice (the Department’s third ranking official), overseeing the Department’s Civil, Civil Rights, Environment and Natural Resources, Tax and Antitrust Divisions. Earlier in his career, Mr. Perry served as Counsel to the US Senate’s 1997 Special Investigation of Campaign Finance Abuses.
Although Mr. Perry has handled a wide range of federal regulatory disputes and litigation, he has special expertise on biotechnology issues and has played a principal role in litigation shaping federal law on those issues. Mr. Perry also counsels clients on Homeland and National Security matters (including CFIUS matters), and frequently handles issues involving the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the US Department of Agriculture (USDA), the US Department of Homeland Security and the US Department of Justice (including the Drug Enforcement Administration). Mr. Perry has served as lead counsel in hearings before federal Administrative Law Judges and in federal investigatory matters. In addition, drawing on his prior experience with Congressional investigations, Mr. Perry has frequently represented clients facing Congressional testimony, subpoenas and other high profile inquiries.
Recent prominent litigation successes include:
- Monsanto Co. v. Geertson Seed Farms, 130 S. Ct. 2743 (2010)
- Entergy Corp. v. Riverkeeper, Inc., 129 S. Ct. 1498 (2009)
- Center for Food Safety v. Vilsack, __ F.3d __, 2013 WL 2128324 (9th Cir. May 17, 2013)
- Walgreen Co. v. DEA, No. 12-1397 (D.C. Cir. filed Oct. 10, 2012)
- 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)
- Center for Food Safety v. Vilsack, 844 F. Supp. 2d 1006 (N.D. Cal. 2012)
- Center. for Food Safety v. Vilsack, No. 10-4038, 2011 US Dist. LEXIS 31688 (N.D. Cal. Mar. 17, 2011)
- Sottera, Inc. v. FDA, 680 F. Supp. 2d 62 (D.D.C. 2010)
- Wyeth Pharmaceuticals v. FDA, No. 1:09-cv-01810-FJS, slip op. (D.D.C. Sept. 24, 2009)
Mr. Perry was also recently recognized as a BTI 2013 Client Service All-Star.