Phil Perry is a litigation partner in the Washington, D.C. office of Latham & Watkins. His career has been unique. Mr. Perry has served in private practice as lead trial counsel on high-profile matters of national importance, but has also served as the General Counsel to two federal agencies, and in multiple high-ranking positions in the US Department of Justice.
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.
Mr. Perry’s current practice covers multiple subject matter areas. He is a recognized expert in federal regulation of biotechnology, and has successfully litigated the leading federal cases in that field. Mr. Perry also regularly litigates cases involving the Federal Food and Drug Administration (FDA), the US Environmental Protection Agency (EPA), and the US Departments of Agriculture, Interior and Justice (including the Drug Enforcement Administration). He has successfully sued to invalidate federal regulations and agency actions, and has also successfully intervened to defend multiple US agencies in challenges critical to his client’s business interests. Mr. Perry is also an expert on federal and state express and implied preemption issues, and has taken a lead role in multiple successful products liability and other civil litigation matters where such issues were critical. 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 represented clients in multiple Congressional hearings and inquiries. Mr. Perry also handles certain federal regulatory issues, including in particular environmental matters and on matters of homeland and national security.
Mr. Perry was recognized as a leading litigator in the Euromoney Institutional Investor Benchmark: Litigation 2008 guide, and as a 2013 and 2014 BTI Client Service All-Star.
Mr. Perry's recent litigation matters include:
- Atay v. County of Maui, 842 F.3d 688 (9th Cir. 2016)
- Robert Ito Farm, Inc. v. County of Maui, 842 F.3d 681 (9th Cir. 2016)
- 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)