At the Intersection of Government and Business –
Where It All Comes Together.
At the intersection of government and business, there exist significant government regulation and consumer protection challenges. It is here, where Winstead's Government Enforcement and Regulated Industries Litigation attorneys serve their clients, preventing, prevailing over, or minimizing the effects of any civil enforcement action.
With substantial experience in leading the defense, we represent clients targeted with civil and administrative enforcement actions brought by federal, state, local, and industry regulators. From responding to civil investigative demands and providing structured immigration compliance audits, to defending our clients in court, our comprehensive representation includes:
- Multi-State State Attorneys General – When our clients might benefit from a global resolution of market conduct, we can work with multiple AG offices on entry of assurances of voluntary compliance in appropriate cases. As a result, our clients avoid private litigation in multiple venues.
- Civil Investigative Demands – Winstead acts in a variety of situations, including when our client or its employees are the subject of the investigation or may have information that the government believes relevant to its investigation.
- Immigration Internal Compliance Audits – In the increasingly active area of immigration law enforcement, Winstead protects and defends employers. Our experience includes structuring I-9 audits and intervening with agencies like the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE).
- Texas State Regulatory Agency Proceedings
- Rulemaking – Winstead has considerable experience representing clients in rule-making administrative proceedings affecting their business and in court if a challenge to a rule is necessary.
- Open Records Request – For clients conducting business with the government, we defend against open records requests seeking confidential bid and trade secrets information.
Winstead attorneys defend against complaints involving antitrust and fair trade, environmental, insurance regulatory, securities, and trade, advertising, and lending practices. We also defend against consumer fraud and Medicaid fraud complaints. And we establish structured immigration I-9 Audits for our business clients, intervening on their behalf if necessary in civil proceedings before federal agencies.
Regulatory Agency Proceedings
Winstead’s significant experience before Texas regulatory agencies reflects the diverse challenges our business clients encounter.
We maintain and nurture productive relationships with administrators, staff and key personnel. This allows us to prevent the escalation of matters as well as to expedite an efficient and meaningful resolution.
Additionally, our counsel extends to areas that involve federal and local authorities, such as in the area of immigration.
For example, we defend and advise Fortune 100 nationwide companies, including construction and food preparation companies, in immigration related compliance and structured audits. Agencies we regularly work with include the U.S. Citizen and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and U.S. Department of Labor. Winstead also counsels businesses on creating and implementing I-9 compliance programs.
In Texas, the various state agencies we work with and appear before include:
- Commission on Environmental Quality (TCEQ)
- Comptroller of Public Accounts
- Represent non-insurers, insurers, and insurance-related entities in disputes over assessment of the state premium tax, franchise tax, and sales tax.
- Department of Insurance (TDI)
- Enforcement Actions – Represent insurers in enforcement actions seeking significant administrative penalties for alleged claims handling violations.
- Rehabilitation – Advise insurers in rehabilitation proceedings, including securing the release of two life insurer clients from state supervision.
- Ratemaking – Represent title insurers in Texas Biennial ratemaking hearings.
- Rulemaking – Represent insurance interests during the administrative process for proposed new rules or rule changes.
- Rule Challenge – Challenged TDI rule and achieved a favorable resolution in a matter concerning the adoption of a financial examination report because the adoption procedures failed to provide the insurer an opportunity to be heard.
- Finance Commission
- Department of Banking
- Department of Savings and Mortgage Lending
- Office of the Consumer Credit Commissioner (OCCC)
- Texas Licensing Agencies
- Texas Medical Board and Texas Board of Dental Examiners – We represent physicians and dentists before these boards.
- Occupational Licensing – Winstead attorneys have previously worked in the Office of the Texas Attorney General representing many of the examining boards for professionals requiring licensure. Using this insight in our occupational licensing and regulation counsel, our attorneys represent accountants, appraisers, architects, engineers, funeral homes, land surveyors, nurses, optometrists, pest control services, pharmacists, physical therapists, real estate agents, and veterinarians.
- Service Contract Providers – Represented clients in disputes with the Texas Department of Licensing and Regulation and the Texas Attorney General over service contract provider issues and cosmetology school classroom practices.
- Public Utility Commission of Texas (PUC)
- Rulemaking Representation – Counsel various businesses in a wide range of rulemaking proceedings. These include criteria governing certification of retail electric providers, electric transmission and distribution utilities, the structure and operation of the Universal Service Fund, and the selection of transmission service providers to serve the Competitive Renewable Energy Zones.
- Telecommunications and Electric Service Providers – Obtained authority to do business for service providers, including as local exchange service providers, interexchange service providers, competitive telecommunications service providers, cable service providers, as well as obtained certificates of convenience and necessity.
- Investigations – Represented electric and telecommunications service providers in response to investigations initiated by agency staff, competitors, and customers. These include claims relating to quality of service, unlawful competition, and unlawful discrimination among customers. Other complaints handled include discriminatory pricing, alleged violations of interconnection agreements, and alleged failure to comply with various Commission rules, including actions seeking administrative penalties and changes in rates.
- Acquisitions and Sales – Represented both purchasers and sellers of electric utilities including negotiating terms and conditions of agency findings that transactions are in the public interest.
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