Cherish Drain represents clients in high-stakes litigation matters, particularly in government-facing disputes and other complex commercial litigation proceedings, including class certification.
Cherish draws on experience at both the trial and appellate level, with a focus on challenges to government regulatory action that involve the following areas:
Administrative law and procedure under the Administrative Procedure Act (APA)
Healthcare and pharmaceutical regulation
Constitutional law
A recognized leader at the firm, Cherish served on the Training and Career Enhancement Committee and maintains an active pro bono practice.
Before joining Latham, Cherish served as a law clerk to Judge Patricia A. Millett of the US Court of Appeals for the Washington, D.C. Circuit, Judge Anthony J. Scirica of the US Court of Appeals for the Third Circuit, and Judge Jan E. DuBois of the US District Court for the Eastern District of Pennsylvania.
Experience
Cherish’s experience includes playing a significant role in:
United Therapeutics Corp. v. HRSA, 102 F.4th 452 (D.C. Cir. 2024): Affirming a lower court victory invalidating a violation determination that HHS/HRSA issued concerning the Federal 340B Drug Pricing Program
Representing The Andy Warhol Foundation in its Supreme Court case about whether Warhol’s iconic depiction of the musician Prince constituted fair use
United Therapeutics Corp. v. HRSA, 2021 WL 5161783 (D.D.C. 2021): Invalidating an HHS/HRSA violation determination issued by concerning the Federal 340B Drug Pricing Program
Qualifications
Bar Qualification
District of Columbia
Education
JD, University of Pennsylvania Law School, 2016 magna cum laude, Order of the Coif
Latham lawyers honored for securing the dismissal of a securities fraud complaint brought against Funko and its former CEO and CFO, and for a win at the D.C. Circuit for United Therapeutics.
The Ninth Circuit has affirmed a lower court's dismissal of a challenge from two California ranchers and their conservation group to a planned wind farm on tribal land, ruling that the initial decision was right to find the tribe was immune from the suit.
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