Litigation

When disputes arise in the alcohol, tobacco, firearms, and explosives industries, we deploy a sophisticated litigation strategy grounded in our unparalleled experience as former ATF attorneys. We represent clients in administrative proceedings, federal court, and appeals, defending against enforcement actions, license or permit revocations, and civil or criminal penalties under statutes like the SEA, GCA, NFA, PACT ACT, CCTA, State tobacco and alcohol laws, Federal Alcohol Administration Act, and related ATF, TTB and State regulations. Our approach is strategic, aggressive, and tailored to protect your business and reputation.

Key elements of our litigation strategy include:

Early Case Assessment: Conducting thorough evaluations of ATF or TTB allegations, reviewing evidence such as inspection reports, Forms 4473, or 5000.24, to identify defensible positions and weaknesses in the agency’s case.
Administrative Defense: Representing clients in ATF or TTB hearings, challenging violations like recordkeeping errors or storage non-compliance, and negotiating settlements to preserve licenses or permits.
Federal Litigation: Advocating in U.S. District Courts against criminal charges (e.g., 18 U.S.C. § 922 or § 842 violations) or civil penalties, leveraging precedents to argue for dismissal or reduced sanctions.
Appeals and Injunctions: Pursuing appeals in federal circuit courts or seeking injunctive relief to halt license revocations, seizures, or unfair regulatory actions, ensuring continuity of operations.
Mitigation Strategies: Presenting evidence of compliance efforts, corrective actions, or industry-specific challenges to minimize penalties and demonstrate good faith.

Our deep knowledge of ATF regulations and agency procedures allows us to anticipate agency tactics and craft compelling defenses. Whether facing a PACT Act violation, a contraband tobacco charge, or an explosives storage dispute, we turn complex litigation into favorable outcomes, protecting your operations and future.