Mr. Price’s practice focuses on constitutional and regulatory litigation, including challenges to federal agency action under the Administrative Procedure Act and matters involving preemption, the dormant commerce clause, and the First Amendment. Recent cases have involved a variety of different industries, including energy, telecommunications, media and entertainment, transportation, Native American rights, and education. In addition to litigating such matters in federal district court, federal and state courts of appeals, and the US Supreme Court, Mr. Price also frequently works with clients on matters pending before federal and state regulatory agencies to obtain a favorable regulatory outcome and to build an administrative record in anticipation of likely litigation.
In addition to the successful defense of state Zero Emission Credit programs for nuclear power plants, other recent successes include an Illinois Supreme Court victory concerning the statutory requirements to be a public utility; a Delaware Supreme Court victory concerning a commercial dispute over a wind generation contract; a DC Circuit victory as intervenor in defense of FERC’s Capacity Performance reforms; and a successful verdict following a bench trial in a preemption challenge to a California renewable energy tariff.
Mr. Price has drafted comments for clients in connection with rulemakings or other matters before federal agencies including FERC, EPA, FCC, Department of the Interior and Department of Commerce, as well as several state public utility commissions.
Mr. Price’s focus extends to First Amendment-related matters. He took a lead briefing role in a series of cases involving First Amendment limits to state tort liability under the right of publicity, and he played a key role in briefing the Firm’s successful challenge in the Ohio Supreme Court to a $15 million defamation verdict against a scientific society.
Mr. Price also represents clients in the media and telecommunications industries on matters of first impression concerning the application of privacy and copyright laws to emerging Internet-based technologies. He defended one of the nation’s largest Internet service providers against a putative class action claiming violations of the Electronic Communications Privacy Act, resulting from a third party’s use of data to provide targeted advertisements to the company’s customers. After winning dismissal in district courts in Montana and Kansas, he successfully argued the appeal in the Tenth Circuit. He was also a core member of the team representing television broadcasters in a series of copyright cases involving the retransmission of broadcast signals over the Internet, culminating in a Supreme Court victory. In complex commercial litigation, Mr. Price frequently works with the Firm’s trial teams to draft and argue dispositive motions and to build a record in anticipation of likely appeals.
Pro bono representation in the area of immigration and refugee law, and of victims of human trafficking, is central to Mr. Price’s practice. He has successfully argued asylum appeals in the Seventh and Eleventh Circuits, and he won an important reversal by the Tenth Circuit of a district court decision that had barred victims of human trafficking from obtaining punitive damages under the Trafficking Victims Protection Act. He has also filed numerous amicus briefs on immigration-related issues on behalf of national organizations.