Blank Rome announced that Shane Pennington has joined the firm’s Houston office as a partner in the Business Litigation group and member of the Appellate Litigation practice and Cannabis and Life Sciences industry teams. And a leading trial attorney, he focuses his practice on federal appeals and challenges to federal agency action under the Administrative Procedure Act (APA).
Pennington joins Blank Rome from Porter Wright Morris and Arthur, where he was a partner and co-chair of the firm’s Administrative and Regulatory Law practice group.
As a former law clerk to three federal judges and seasoned litigator, Pennington has argued cases in the U.S. Courts of Appeals for the First, Fifth, Ninth, and D.C. Circuits, securing ground-breaking results for clients. For example, in a series of cases on behalf of veterans and scientists, Pennington raised a claim under the Freedom of Information Act to uncover a secret 2018 Opinion of the Office of Legal Counsel that revealed the unlawfulness of a longstanding agency policy that had obstructed cannabis research for more than half a century.
Pennington regularly litigates cases before state and federal courts that involve state and federal agencies and pertain to the APA; the Controlled Substances Act (CSA); and the Federal Food, Drug, and Cosmetic Act. Plus, Pennington has drafted numerous petitions for certiorari and merits-stage briefs to the U.S. Supreme Court.
Utilizing experience gained from his former clerkships and extensive courtroom appearances, Pennington brings unique insight and strategic thinking to assist clients facing complex regulatory issues. Clients turn to Pennington to advance their strategic goals within existing regulatory and legal frameworks and develop creative strategies to reimagine those frameworks amidst rapidly changing industries.
To that end, Pennington often advocates for clients at the administrative level, working with state and federal regulators to devise novel solutions to seemingly intractable problems. And he has represented companies, scientists, and industry coalitions before the Drug Enforcement Administration (DEA), the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the Department of Justice (DOJ), and the Securities and Exchange Commission. He also counsels clients on federal regulatory issues involving several industries, including pharmaceuticals, controlled substances, energy, aviation, and agriculture.
Pennington has argued and won cases in federal court against the DEA and the DOJ, challenging barriers to research involving schedule I substances, and he is currently leading the largest industry coalition supporting the DOJ’s proposal to transfer marijuana from schedule I to schedule III. And Pennington also represents several companies and organizations seeking certificates of registration from DEA to advance their research and product development goals. Via this and other experiences, he has earned a reputation as a national leader on federal drug policy and the interplay between the federal CSA and APA.
Pennington also represents clients from other industries facing regulatory challenges before several federal agencies, including Customs and Border Protection, the Consumer Products Safety Commission, the Federal Aviation Administration, the Federal Trade Commission, the Environmental Protection Agency, etc.
Pennington earned his J.D. from the University of Texas School of Law and his B.A. from the University of Houston. While in law school, he served as the Articles Editor for the Texas Law Review and as the Managing Editor with the Texas Review of Law and Politics. Pennington has published extensively on topics related to administrative law and drug policy.
KEY QUOTES:
“We are excited to welcome Shane to the firm. Shane’s proven track record of achieving landmark results in appellate courts and his ability to navigate the intricacies of federal regulations and related challenges make him a tremendous asset to our team and the clients we serve in a variety of industries. We are confident that Shane will enhance our firm’s reputation for litigation excellence and exceptional client service.”
– Grant S. Palmer, Blank Rome’s Chair and Managing Partner
“Shane brings invaluable knowledge and capabilities to our firm. His adept handling of federal appeals and regulatory challenges, paired with his in-depth knowledge of administrative law and his innovative approaches to resolving complex legal issues, will greatly benefit our clients and strengthen our appellate and business litigation capabilities.”
– Jayme L. Butcher, partner and co-chair of the Business Litigation group
“I am thrilled to join Blank Rome. The synergies between my clients and the firm’s practices and industry teams, especially in areas like cannabis, life sciences, and government contracts, make it a perfect fit. Blank Rome’s national reputation, geographic reach, and leading litigation department, which includes several former federal judges, create a unique opportunity to further build my practice, support clients from the Blank Rome platform, and contribute to the continued growth of the firm’s Appellate Litigation practice.”
– Shane Pennington
“Shane is an excellent addition to our firm and our growing Cannabis practice. Our corporate cannabis attorneys possess extensive knowledge of the legal, regulatory, and business complexities that companies in the industry face. Shane is well known in the cannabis arena for his sophisticated work and his experience will add to our regulatory capabilities and add valuable litigation experience to our services. We are eager to collaborate with Shane to support our cannabis clients.”
– Scott H. Moskol, partner and co-chair of the firm’s Cannabis practice
“The life sciences industry is experiencing a period of rapid change particularly on the regulatory front, creating many opportunities and challenges for developers of drugs and devices. We are committed to providing our life sciences and healthcare clients with strategic counsel to address the unique needs of the market. Collaborating with Pennington will further expand our already robust capabilities, particularly on APA and federation litigation matters, allowing us to deliver even greater value to our clients.”
– Rachael G. Pontikes, who recently joined Blank Rome as a partner in the Life Sciences industry team and Business Litigation group
“We are delighted to welcome Shane to Blank Rome. The diversity of Shane’s administrative law and appellate experience will help our clients operating in heavily regulated industries, including the aerospace, defense, and government services industry. We are looking forward to Shane’s contributions to our clients, particularly during this time of regulatory change.”
– Justin A. Chiarodo, partner and co-chair of the Government Contracts practice
