Administrative and Regulatory Law

Government regulation has a profound impact on companies’ business operations and is a crucial factor in corporate strategic planning. Regulatory and enforcement actions by federal, state and local agencies can impose significant costs, foreclose promising business opportunities, and at times threaten the vitality of a company or even an entire industry.

Allyn & Fortuna’s thorough understanding of the legal principles governing agency conduct is critical to our clients’ successful challenge to an adverse agency action or the successful advocacy in support or defense of a favorable agency decision. The legal constraints on government action do not depend solely on the particular agency at issue, but also on general principles of administrative law.

Our attorneys’ extensive experience representing clients before a broad range of federal, state and local agencies and governmental entities provides our clients with the skill and insight on how to navigate the government regulatory process and manage the varied and complex interactions that businesses have with administrative agencies. The firm has successfully represented clients on issues related to EEO compliance, disability accessibility, federal contract compliance, and work place safety issues.

Through their years of practice and excellent and principled legal work, our attorneys have developed and maintained ongoing working relationships with Federal, New York and New Jersey regulatory agencies in various industries, including OSHA, Department of Labor Safety & Health, Liquor Authorities, Health Departments, Consumer Protection/Affairs, Fire Safety and Environmental Control. The strength of our representation comes from our ability to counsel clients on various compliance issues, so as to avoid disputes with agencies and to promptly and efficiently resolve matters while minimizing legal fees.

Given our expertise with regulatory issues and administrative law, Allyn & Fortuna is the paramount firm to represent clients in obtaining the necessary licensing and regulatory approvals needed to grow a business and to provide aggressive representation in compliance, licensing and enforcement actions.

Regulatory Approvals

Allyn & Fortuna’s highly experienced regulatory attorneys provide timely and insightful advice to clients that deal with administrative agencies and professional boards regarding the interpretation of, and the applicability of, statutes and regulations to their business. In dozens of industries, significant elements of a company’s business require government oversight and approval. These processes can be complex and tedious, requiring attention and experience to avoid delays and unfavorable rulings that can impact the operation and fiscal success of a business.

Allyn & Fortuna’s attorneys manage the numerous elements of these approvals and keep the process moving smoothly and successfully. This is especially beneficial for our clients headquartered outside of New York and New Jersey. Our clients range from major corporations and privately held business to individual license holders. Our attorneys recently represented one of our clients in being the first to obtain government approval in New York City for the storage and sale of certain products previously unavailable in New York City, giving it a substantial edge over its competitors. In addition, our attorneys provide clients with ongoing assistance in reviewing and implementing operational protocols to ensure continued compliance with industry regulations and monitor changes in legislation and the prospective impact such changes can have on our clients’ business operations.

Administrative Hearings and Enforcement Proceedings

Allyn & Fortuna regularly represents clients in informal and formal enforcement actions before administrative law judges, hearing officers, commissions, and in seeking judicial intervention and judicial review of administrative proceedings in appellate courts at the state and federal level. Administrative law is highly procedural and our attorneys have in-depth knowledge of how regulations are developed and applied. Our experience helps us guide clients through complex administrative rules and procedures and offers them the benefit of knowing how to best make use of the provisions in the statutes and rules in defending against administrative enforcement actions that threaten their ability to conduct business. These hearings are often critical to the decision-making in a regulatory action and require a well-presented case to persuade the regulators. We have conducted hundreds of these hearings and understand how to use the precedents and procedures to achieve the best possible result for our clients.

Land Use Regulation

Our attorneys advise clients with respect to land use regulations in New York City and State including representation before the City Planning Commission, the Landmarks Preservation Commission, Zoning Board of Appeals and the Board of Standards and Appeals. We know New York City and its real estate market well. We understand the concerns and goals of obtaining discretionary land use approvals from regulatory boards.

Board of Standards and Appeals (BSA)

The BSA is an independent board of the City of New York that has several roles. The BSA has the power to waive certain provisions of the Zoning Resolution of the City of New York by granting variances. It also has jurisdiction to issue certain special permits and BSA review can also be sought to reverse decisions made by the New York City Department of Buildings. These are critical options to achieve our clients’ goals.

Our attorneys’ expertise in obtaining BSA special permits and variances makes us uniquely qualified to present our clients’ projects to the appropriate community board and represent them in successfully and efficiently navigating the BSA process. We also work with architects and engineers to ensure that all aspects of each project are thoroughly reviewed.