Experience
For over 27 years, I have counseled businesses and trade and professional associations seeking to reform entrenched business practices, policies, or laws that unfairly disadvantage them or their members. I have focused on briefing and arguing federal and state appeals, particularly constitutional and regulatory issues.
My firm has often been called upon to creatively identify and pursue claims in untested areas of the law. By litigating questions of law that courts have not yet answered or applied to my client’s circumstances, we have set court precedents and influenced governmental policy changes. These results improved my clients' working environment and benefited similar parties who used that precedent in their negotiations and litigation.
In addition to this litigation experience, my early experience as a Legislative Assistant on Capitol Hill informed my ability to counsel my clients and their lobbying efforts with insightful analysis and drafting of regulatory or legislative language. Understanding how the courts might interpret the proposed language of a statute or rule is vital in understanding whether that law, when enacted, would benefit or harm our clients.
Areas of Focus
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Paul is admitted to and litigated appeals before numerous federal circuit courts of appeal including:
U.S. Court of Appeals, D.C. Circuit
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. District Court for the District of Columbia
He has filed administrative law challenges before numerous administrative agencies such as:
Federal Motor Carrier Safety Administration (FMCSA)
The National Highway Traffic Association
The Environmental Protection Agency
The National Labor Relations Board
Paul has also filed multiple briefs for clients as amicus curia in litigation brought by others where the import of the court’s decision may affect his clients’ legal rights or responsibilities.
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Paul has conducted civil litigation in federal courts throughout the country. Cases have involved Constitutional dormant Commerce Clause challenges to states tolls, taxes, fines and fees; Fourth Amendment challenges to law enforcement searches under the guise of regulation; the Fair Credit Reporting Act, the Clean Air Act, the anti-lumping law protecting drivers at the loading docks, and the “truth in leasing” regulations governing contracts between independent contractor/owner-operator truck drivers and motor carriers.
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Paul’s litigation experience and legislative experience on Capitol Hill has made him finely tuned to understand whether proposed legislation will accomplish his clients’ goals. He proposes direction and modification to legislative language to ensure the law’s intent is aligned to produce the desired result.
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Paul has drafted dozens of comments and briefs to federal and state rulemaking and notices. The agencies at the focus of his regulatory work include:
Department of Agriculture
Department of Homeland Security
Department of Labor
Department of Transportation
Federal Highway Administration
Federal Motor Carrier Safety Administration
Federal Trade Commission
Internal Revenue Service
National Labor Relations Board
Small Business Administration
Transportation Security Administration
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Paul has drafted friend of the court briefs (amicus curiae) filed with the Supreme Court and petitions for certiorari.
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Paul has drafted and edited legislative proposals and analyzed the implications of proposed bills and amendments on a broad spectrum of client objectives, including helping small business truckers with rising fuel prices and requiring the Department of Transportation to undertake additional steps and make additional disclosures before commencing a Mexican truck pilot program.
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Work on agency rules and actions include truck drivers Hours of Service, electronic logging devices on trucks, truck driver employment screening, driver qualification standards and procedures, motor carrier ratings (CSA 2010), driver training and drug testing. Other work includes comments on truck size and weight, truck safety equipment, and anti-idling efforts at the state and local level. Paul has also helped draft comments and challenges to new motor carrier applications for DOT operating authority.
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From 1991-1996, Paul worked as a Legislative Assistant in the office of Representative James P. Moran covering telecommunications, high-tech, science, education, senior citizen, and social welfare issues. He assisted Rep. Moran in the drafting and sponsorship of the V-chip legislation (technology that allows parents to block programming with certain ratings from being viewed on their television) and its inclusion in the Telecommunications Act of 1996.
Credentials
Admissions
United States Supreme Court
U.S. Court of Appeals for the 1st Circuit
U.S. Court of Appeals for the 3rd Circuit
U.S. Court of Appeals for the 5th Circuit
U.S. Court of Appeals for the 7th Circuit
U.S. Court of Appeals for the 8th Circuit
U.S. Court of Appeals for the 9th Circuit
U.S. Court of Appeals for the 10th Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the District of Colorado
U.S. District Court Southern District of California
D.C. Court of Appeals
District of Columbia - Bar Admission
D.C. Superior Court
Indiana Tax Court
Education
Georgetown University Law Center, J.D., 1998
College of William and Mary, B.A. 1989
Appointments
Appointed a subject matter expert member of the Federal Motor Carrier Safety Administration’s Truck Leasing Task Force in May 2023.