The Corporate/Financial Litigation Section is responsible for a varied array of cases that reach all facets of the U.S. economy, with a focus on congressionally-authorized programs that implicate significant financial and property interests of the United States. The Section protects the government’s financial and programmatic interests in bankruptcy cases and handles both affirmative and defensive claims for money and property in district courts, and, occasionally, in state courts and in courts of appeal. The Section is responsible for litigation that arises from federal programs implemented through contracts, loans, grants, guaranties and other financial instruments. The Section is the principal component of the Civil Division to address non-fraud civil debt collection for the United States and litigates claims based on the Constitution, statutes and federal regulations. A sample of the Section’s unique litigation practice includes:
- Health Care: Section attorneys handle a diverse range of cases involving all aspects of the health-care industry. In the bankruptcy context, the Section recovers Medicare overpayments from health-care providers, protects the government’s financial interest in fraud recoveries and litigates matters involving the United States’ interests in federally-supported health-care facilities, such as hospitals and skilled nursing facilities. The Section also handles both affirmative and defensive claims for money related to federal health-care programs and protects the United States’ interests in the payment and recovery of funds under programs created by the Affordable Care Act.
- Chapter 11 Bankruptcy Litigation: Section attorneys represent the United States’ interests and pursue claims in large, complex corporate bankruptcy reorganizations and liquidating chapter 11 cases. The Section also defends the constitutionality of the bankruptcy code. Recent cases include companies from a wide range of industries including automobile, aviation, education, energy, health care, shipping and telecommunications.
- Energy: Section attorneys represent the United States’ interests in cases involving the restructuring and sale of businesses in the oil and gas, coal and renewable energy industries. In these cases, the Section protects the public’s health and safety, recovers royalties and penalties owed to the United States and enforces the United States’ contractual rights.
- Property and Natural Resources: Section attorneys enforce the United States’ secured interests in both real and personal property and litigate claims for the return of government property. Recent cases include litigation to enforce the terms of a congressionally-authorized exchange of land and to enforce the United States’ right to insurance protection related to cleanup of a former Navy shipyard. The Section also pursues claims for the return of property belonging to federal museums and other federal institutions. In bankruptcy, the Section has represented the United States’ interest in artifacts recovered from the RMS Titanic.
- Municipal and Other Public Bankruptcy Cases: Section attorneys represent the United States in large bankruptcy reorganization cases filed by municipalities. Relatedly, Section attorneys represent the United States in ongoing proceedings to restructure the debt of the Commonwealth of Puerto Rico.
- Education: Section attorneys protect the United States’ and the public’s interests in federally-backed student aid programs by representing the United States in district and bankruptcy court cases involving at-risk higher education institutions.
- Communications: Section attorneys recover funds due under loans made to foster the development of internet networks that serve rural and less commercially-viable localities.
- Defense: Section attorneys have sued to enforce rights owed to the United States through agreements to transfer and dispose of or develop property as a result of military base realignments, protected the government’s rights and claims when defense contractors seek bankruptcy protection and handled other money related-issues that arise as a result of activities involving defense and national security matters.
The Corporate/Financial Litigation Section’s diverse caseload affords attorneys the opportunity to work with agencies throughout the federal government, engage in a nation-wide litigation practice and develop subject matter expertise in multiple areas of federal law.