Phil Perry is a partner in the Washington, D.C. office of Latham & Watkins. He focuses his practice on complex civil and environmental litigation, Constitutional issues, federal administrative law and government investigations. Over the past two decades, Mr. Perry has handled many high profile, high stakes matters. He has successfully challenged several federal regulatory actions, but has also intervened in litigation to defend federal permits, approvals and other government 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 1,500 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, 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). In addition to litigation in federal courts, Mr. Perry has also served as lead counsel in hearings before federal Administrative Law Judges and in federal investigatory matters. Drawing on his prior experience with Congressional investigations, Mr. Perry has frequently represented clients facing Congressional testimony, subpoenas and other high profile inquiries.
Mr. Perry was recognized as a BTI Client Service All-Star in both 2013 and 2014.
Mr. Perry's recent litigation matters include:
- Robert Ito Farm, Inc. v. Cnty. of Maui, --- F. Supp. 3d ---, No. CIV. 14-00511, 2015 WL 4041480 (D. Haw. 2015)
- Alika Atay et al. v. County of Maui et al.1:14-cv-00582-SOM-BMK (D. Haw. 2015)
- Teva Pharmaceutical Industries, Ltd. v. Sebelius, No. 1:14-cv-00786 (D.D.C. May 15, 2014)
- 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)
- Center 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)