Brett Shumate assists clients with high-stakes regulatory litigation involving the government. He develops creative strategies to challenge laws, regulations, and executive orders on constitutional and statutory grounds. He handles emergency litigation and defends clients in bet-the-company enforcement actions.
Brett has successfully challenged a broad range of government actions. He represented property owners in blocking the federal eviction moratorium in the United States Supreme Court. He represented a pharmaceutical manufacturer in an appeal enjoining an enforcement action involving drug prices. He overturned a Food and Drug Administration (FDA) decision violating due process principles. He stopped the Federal Election Commission (FEC) from concealing its voting records in enforcement matters. He challenged the structure of the Consumer Product Safety Commission (CPSC) under the Constitution's separation of powers. He has handled numerous appeals challenging Federal Communications Commission (FCC) orders, including the FCC's net neutrality rules.
Brett regularly represents clients in litigation arising under the Administrative Procedure Act (APA); Section 340B of the Public Health Service Act (PHSA); Food, Drug, and Cosmetic Act (FDCA); Medicare Act; Inflation Reduction Act (IRA); Hatch-Waxman Act; Consumer Product Safety Act (CPSA); Occupational Safety and Health (OSH) Act; National Labor Relations Act (NLRA); Federal Election Campaign Act (FECA); Federal Advisory Committee Act (FACA); Freedom of Information Act (FOIA); Securities Exchange Act; and Tariff Act. He also advises clients in matters involving climate change, ESG (environmental, social, and governance), trade, telecommunications, patents, and banking laws.
Brett joined Jones Day from the U.S. Department of Justice, where he served as deputy assistant attorney general for the Civil Division's Federal Programs Branch.
Esperienze
Altre Pubblicazioni
- February 10, 2020
Justice Kavanaugh Hints at Future Consideration of Nondelegation Doctrine
Publications Prior to Jones Day
The International Comparative Legal Guide to Telecoms, Media & Internet Laws & Regulations (2017)
Business and Commercial Litigation in Federal Courts: Communications Litigation, 4th ed., Thomson Reuters (2016)
FCC’s Use of "Fact Sheets" Short-Circuits the Administrative Procedure Act, Washington Legal Foundation (2016)
10 Things To Know About Net Neutrality And Class Actions, Law360 (2016)
Sponsored Data, Net Neutrality, and the 1st Amendment, Law360 (2016)
Net Neutrality and the Rule of Law, Engage: The Journal of the Federalist Society Practice Groups (2015)
The FCC’s Expanding Use of Delegated Authority and the Dilemma of Appellate Jurisdiction, Communications Lawyer, Vol. 31, No. 2 (2015)
Don’t Tread on the Internet, Los Angeles Daily Journal (2014)
D.C. Circuit Challenge to FCC’s Authority Over Fax Advertisements Has Important First Amendment Implications, Bloomberg BNA’s Telecommunications Law Resource Center (2014)
- 04/16/2024
Is Humphrey’s Executor still relevant? - 04/10/2024
Protecting Real Estate Owners and Operators Against Emerging Regulatory Risks: Junk Fees, Credit, Collection, and More - February 4, 2023
Post-Pandemic Legal Landscape and the Next Crisis - October 13, 2022
National Association of Realtors Legal Education Seminar: Constitutional Law Keynote: Takings Challenges and Cases to Watch - July 13, 2022
Federal Agency ESG-Related Rulemakings - January 27, 2022
A View From Washington: Regulatory and Legislative Developments During the Biden Administration - January 12, 2022
U.S. Government Records & Disclosure - December 10, 2021
Vaccine Mandates and the Workplace – Legal and Practical Considerations for Employers - October 2021
Litigation Strategy Forum for Administrative State Reform - October 2021
Recent Trends in ESG Litigation - September 2021
Litigation Update: Alabama Ass'n of Realtors v. HHS - September 2021
Alabama Association of Realtors, et al v. DHHS - September 2021
The 'Cancel the Rent Movement' - Conversation with the Plaintiff and Litigator that won the Eviction SCOTUS Case - September 2021
Judges, SCOTUS, and the Shadow Docket - June 3, 2020
Return to Workplace Legal Considerations U.S. Companies need to know Post-COVID-19 - March 3, 2020
What In-House Counsel Need To Know About Agency Guidance: Banking Industry - January 29, 2020
What In-House Counsel Need To Know About Agency Guidance: Webinar - November 21, 2019
What In-House Counsel Need To Know About Agency Guidance: Telecommunications Industry - November 19, 2019
What In-House Counsel Need To Know About Agency Guidance: Retail Industry - October 29, 2019
The Future of Administrative Records after Department of Commerce v. New York
- Wake Forest University (J.D. magna cum laude 2006; Order of the Coif; Executive Editor, Wake Forest Law Review); Furman University (B.A. in Political Science and History magna cum laude 2003; Phi Beta Kappa)
- District of Columbia, U.S. Supreme Court, U.S. Court of International Trade, U.S. Court of Federal Claims, U.S. District Court for the District of Columbia, and every U.S. Court of Appeals
- Deputy Assistant Attorney General, Civil Division, Federal Programs Branch, U.S. Department of Justice (2017-2019)
Profiled in The National Law Journal as DOJ's "point man in court" and "first line of defense" and described as "very, very sharp" with "outstanding litigation judgment"
The Legal 500 United States, recommended lawyer in appellate law (2016-2017) and telecoms (2020-2024)
Law360: rising star in telecommunications (2016) and "Legal Lion," Weekly Verdict Column (2014)
Recipient, Burton Award for Distinguished Legal Writing (2016)
- Law Clerk to Judge Edith H. Jones, U.S. Court of Appeals, Fifth Circuit (2006-2007)