Government Regulation

LWS attorneys have represented multiple clients in disputes with regulatory agencies.  We have  counseled clients during investigations, represented others in administrative proceedings, and defended still others in judicial enforcement actions.  Examples of our accomplishments and engagements include the following:

  • Obtaining a zero-liability judgment (and successfully defending it on appeal) after trial of a deceptive-advertising action brought by the FTC against three debt-settlement companies and their officers and directors in which the FTC sought more than $58 million dollars in damages.  See FTC v. Financial Freedom Processing, Inc., et al., No. 3:10-CV-2446-N (N.D. Tex. Mar. 12, 2012), aff’d, 2013 U.S. App. LEXIS 16766 (5th Cir. Aug. 12, 2013).
  • Successfully defending an electric generating company in an administrative proceeding seeking the largest fine ($171 million) ever imposed by the Public Utility Commission of Texas.
  • Clarifying the law on the proper calculation of administrative penalties under Section 15.023 of the Public Utility Regulatory Act.  See PUC Docket No. 37634, Agreed Notice of Violation and Settlement Agreement Relating to Luminant Energy Company LLC’s Violation Of PURA § 39.151(j) and PUC Subst. R. 25.503(f)(2), Relating to Failure to Adhere to ERCOT Protocol Concerning Load Acting as Resource Service Requirements, Order on Certified Issue at 3 (Feb. 25, 2010).
  • Representing the owner of an electric generation plant in an OSHA investigation of a workplace fatality.
  • Defeating an appeal brought by the Dallas Central Appraisal District before the Dallas Court of Appeals challenging the denial of a client’s plea to the jurisdiction.

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