Paul D. Cullen, Jr., has extensive legal practice in civil litigation, appellate advocacy, federal rulemaking, legal challenges to federal agency action (including APA and Hobbs Act appeals), drafting and analysis of legislation, and counseling trade associations.
Federal Appellate Practice
Mr. Cullen has briefed appeals before multiple federal circuit courts and argued appeals before the U.S. Courts of Appeal for the Eighth and District of Columbia Circuits. He has filed several administrative law challenges to final agency rules and actions including the Federal Motor Carrier Safety Administration’s (FMCSA) driver training, hours of service, medical certification, and EOBR rules, the FMCSA’s PSP and DataQ programs, and the Mexican truck pilot program.
U.S. Supreme Court Practice
Mr. Cullen has drafted and participated in the drafting of friend of the court briefs (as amicus curiae) filed with the Supreme Court and in petitions for certiorari.
Civil Litigation Practice
Mr. Cullen conducts civil litigation in federal courts throughout the country. This litigation has involved civil rights (Section 1983 actions), the federal anti-lumping law, the Fair Credit Reporting Act, and the “truth in leasing” regulations governing contracts between independent contractor/owner-operator truck drivers and motor carriers.
Administrative Law/Regulatory Practice
Mr. Cullen has drafted dozens of comments to federal and state rulemaking and notices. The agencies at the focus of Mr. Cullen’s regulatory work include:
- Department of Transportation
- Federal Motor Carrier Safety Administration
- Federal Highway Administration
- Department of Homeland Security
- Transportation Security Administration,
- Federal Trade Commission
- Small Business Administration
- Department of Agriculture
- Department of Labor
- Internal Revenue Service
Mr. Cullen’s work on agency rules and actions include the entry of Mexican trucks under the North American Free Trade Agreement; the Hours of Service of truck drivers; electronic on-board recording devices (black boxes) on trucks; truck driver employment screening; driver qualification standards and procedures; motor carrier ratings (CSA 2010); driver training; drug testing; the Commercial Vehicle Safety Alliance’s “Out of Service Criteria;” background checks for HAZMAT and for the Department of Homeland Security; truck size and weight; truck safety equipment; anti-idling efforts at the state and local level; and truck depreciation tax issues before the IRS. Mr. Cullen has also helped draft comments and challenges to new motor carrier applications for DOT operating authority.
Mr. Cullen 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.
Mr. Cullen has helps businesses resolve disputes between themselves in binding arbitration proceedings without resorting to litigation.
Prior Work Experience
From 1991-1996, Mr. Cullen 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.