LindsayHarrison

Federal Government and Constitutional Litigation

• Leading the team that won a major victory preserving the DACA program after the government attempted to rescind the program, with the firm’s legal theory becoming the basis for the Chief Justice's majority opinion.
• Securing a unanimous Supreme Court victory in a landmark case concerning a Muslim-American placed on a post-9/11 FBI no-fly list.
• Securing dismissal of litigation against the former counterintelligence Chief of the Kingdom of Saudi Arabia based on the federal government’s assertion of the state secrets privilege.

• Spearheading litigation for Idaho’s largest private employer involving the Emergency Medical Treatment and Labor Act and Idaho’s Defense of Life Act.
• Leading APA and constitutional litigation on behalf of associations and institutions of higher education relating to NIH guidance that would dramatically cut indirect cost rates.
• Leading APA litigation on behalf of the Union of Concerned Scientists successfully challenging EPA directive that would have limited the participation of academic scientists on science advisory committees.
• Leading FOIA litigation and reverse FOIA litigation for clients seeking either the disclosure of public records or to prevent the government from disclosing information, such as corporate trade secrets.
• Representing pro bono physician witnesses providing evidentiary support to the US Department of Justice litigation challenging state laws criminalizing reproductive freedom

Hospitality & Real Estate Litigation

• Leading the litigation team which acquired for Amtrak the leasehold interest in Washington, DC’s Union Station through groundbreaking eminent domain litigation.

• Preserving Marriott's acquisition of Starwood against legal challenge by a hotel owner in the New York Superior Court.

• Leading litigation with the Federal Trade Commission and a state Attorney General involving advertising practices in the rental housing industry.

• Managing the response of a major hospitality company to a data security incident, including the regulatory, political, business, and litigation responses to the incident.
• Leading insurance coverage litigation for a major hospitality company resulting in a $100 million recovery against a group of property insurers.
• Representing a leading hospitality company in multiple antitrust class actions involving alleged industry pricing practices.
• Leading litigation with a state Attorney General regarding advertising practices in the hospitality industry.
• Securing an injunction against a hotel owner requiring the owner to specifically perform its obligation to fund working capital under the hotel management agreement.
• Securing an injunction against a hotel owner reversing a “midnight raid” attempt to replace the hotel management company, and then securing a substantial damages award on behalf of the management company.
• Representing hotel management companies in multiple lawsuits, arbitrations, and international arbitrations involving disputes between owners and operators regarding hotel management agreements.
• Defending multiple different hospitality companies in putative class actions involving data security, privacy, and consumer protection, including litigation over the display of resort and destination fees.

Higher Education

• Securing the dismissal of a lawsuit by a formerly tenured faculty member alleging that his dismissal for misconduct resulted from discrimination, and securing affirmance of that dismissal on appeal.
• Representing a private university in putative class action litigation arising from a data breach at a third-party vendor.
• Representing a private university in threatened class action litigation relating to a graduate program.
• Guiding a private university through OCR investigations relating to Title IX and Title VI complaints.
• Advising universities on a variety of compliance issues, including those relating to immigration, Section 117 federal foreign gift and contract reporting requirements, and compliance with Executive Orders on a range of topics.
• Representing a private university in copyright and trade secrets litigation related to work by faculty and graduate students.

Data Security and Cyber Litigation

• Representing Marriott in consumer class action litigation arising from the 2018 data security incident involving the Starwood reservations database, securing reversal of class certification following by a second interlocutory appeal of class certification.
• Securing dismissal of two consumer class actions arising from property system incidents involving customer loyalty databases.
• Representing a Blackbaud customer in multidistrict litigation arising from the Blackbaud data security incident.
• Representing a health care data company in litigation arising from a vendor’s data security incident and securing an early settlement for less than the cost of litigation.
• Representing a client facing an investigation by the Senate Permanent Subcommittee on Investigations into a data security incident, successfully avoiding the issuance of any report or findings regarding the incident.