Shane A. Pennington,
Partner

Key Matters

  • Scottsdale Research Institute v. DEA (D. Ariz.). Co-lead counsel in FOIA suit to force release of a secret 2018 opinion of DOJ’s Office of Legal Counsel, “Licensing Marijuana Cultivation in Compliance with the Single Convention on Narcotic Drugs.” Within weeks of filing a complaint—and without filing a FOIA request—secured settlement requiring DOJ to disclose OLC opinion barring DEA from processing medical research applications under the Controlled Substances Act until DEA brought its regulations in line with federal law and United States treaty obligations.
  • In re Scottsdale Research Institute (D.C. Cir.). Co-lead counsel in mandamus action seeking order requiring DEA to process clinical research applications after years of delay. In response to order from D.C. Circuit calling for its response to the petition for writ of mandamus, DEA capitulated, processed 33 overdue applications, and announced at long last its intent to move forward with a comprehensive program. In May 2021, DEA announced that it had preliminarily approved Scottsdale Research Institute’s application to grow marijuana for research purposes. DEA and Scottsdale Research Institute have since negotiated a Memorandum of Agreement to govern Scottsdale Research Institute’s federal grow license going forward.
  • Sierra Frac Sand, L.L.C. v. CDE Global Limited (5th Cir.). Defended appeal of district court order dismissing claims against Northern Irish company on forum non conveniens grounds. Fifth Circuit canceled oral argument and issued its published opinion affirming ruling in client’s favor.
  • California State Lands Commission v. Plains Pipeline LP (Cal. App.). Briefing and oral argument on behalf of party appearing as amicus curiae; in opinion favorable to client, state appellate court expressly rejected federal appellate court’s ruling in client’s case presenting the same important and novel issue of California law.
  • Sabre Travel International, Ltd. v. Deutsche Lufthansa AG (Tex.). Successfully represented airline before Texas Supreme Court; secured ruling that federal Airline Deregulation Act did not preempt airline’s state-law claims against third-party vendor.
  • Halliburton Co. v. Erica P. John Fund, Inc. (U.S.). Merits briefing on behalf of petitioner resulting in a unanimous Supreme Court opinion in client’s favor holding that securities-fraud defendants must be afforded an opportunity to rebut the presumption of reliance before class certification with evidence of a lack of price impact.
  • Baker Botts LLP v. ASARCO, LLC (U.S.). Certiorari- and merits-stage briefing in case questioning whether Bankruptcy Code permits bankruptcy courts to award attorney fees to counsel or other professionals employed by the bankruptcy estate for work in defense of fee application in court.