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Shane Pennington

Partner

Porter Wright Morris & Arthur LLP


Shane is a partner in the Litigation Department where he counsels clients on federal regulatory issues involving a number of industries, including energy, pharmaceuticals, controlled substances, aviation and agriculture. A former law clerk to federal judges on the D.C. Circuit, the Fifth Circuit and the D.C. District Court, Shane brings unique insight and strategic thinking to assist clients facing complex regulatory issues.

Rated “One to Watch” and a “Rising Star” in appellate law by The Best Lawyers in America and Super Lawyers, respectively, Shane has argued cases in the U.S. Courts of Appeals for the First, Ninth and D.C. Circuits, securing landmark results for clients. In a series of cases on behalf of veterans and scientists, for example, Shane raised a novel 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 over half a century. Shane regularly litigates cases concerning federal and state agencies that involve the Administrative Procedure Act, the Controlled Substances Act, and Federal Food, Drug and Cosmetic Act.

Clients turn to Shane to advance their strategic goals within existing regulatory and legal frameworks, but also to develop creative strategies to reimagine those frameworks amidst rapidly changing industries. To that end, Shane often advocates for clients at the administrative level, working with state and federal regulators to devise novel solutions to seemingly intractable problems. He has represented companies, scientists and industry coalitions before the Drug Enforcement Administration, the Department of Health and Human Services, the Food and Drug Administration, the Department of Justice, and the Securities and Exchange Commission.

Shane has published extensively on topics related to administrative law and drug policy, including the private nondelegation doctrine, the Single Convention on Narcotic Drugs of 1961, judicial deference to administrative agencies, and bureaucratic management and the limits of presidential power. Shane often provides commentary on administrative law issues to the Yale Journal on Regulation Notice & Comment blog and is a regular contributor to the “News From the Circuits” column published in the American Bar Association’s Administrative and Regulatory Law News.

Product Type
On Demand

Disputes and Litigation with the Regulators


Average Rating:
   6
Categories:
Administrative Law |  Licensing and Permitting |  Regulatory |  Litigation |  Insurance |  Medical/Healthcare/Access |  Policy
Faculty:
Michael Hiller |  Chelsie Spencer |  Joanne Caceras |  Shane Pennington |  Tom Haren
Duration:
1 Hour
Format:
Audio and Video
SKU:
INCBA102220DI
License:
Access for 6 month(s) after purchase.
Short Description:
Many jurisdictions require applicants to engage in a competitive licensing process – and, as we all know, in a competitive process, there are winners and losers. Sometimes the winners don’t deserve to...
Price:
$75.00 - Non Member Price

Product Type
On Demand

Key Issues in Impact Cannabis Litigation


Average Rating:
   22
Categories:
Litigation |  Medical/Healthcare/Access |  Racial Justice
Faculty:
Shane Pennington |  Chelsie Spencer |  Ari Gerstin |  Tom Haren
Duration:
1 Hour 13 Minutes
Format:
Audio and Video
SKU:
INCBA031121KEOD
License:
Access for 6 month(s) after purchase.
Short Description:
Join our litigators as we discuss considerations for cannabis litigation from pre-filing to trial, including issues such as forum and challenge bases.
Price:
$75.00 - Non Member Price

Product Type
On Demand

Appellate Law 101


Average Rating:
Not yet rated
Categories:
Appellate Law |  Administrative Law |  Federal Law |  Litigation |  Regulation law |  Webinar with CLE credit
Faculty:
Shane Pennington |  David Axelrad |  Andrea Russi
Duration:
1 Hour 4 Minutes
Format:
Audio and Video
SKU:
INCBA07142021OD
License:
Access for 6 month(s) after purchase.
Short Description:
This webinar provides an overview of the appellate process. Attendees will become acquainted with the phases of an appeal as well as key concepts like error preservation, the record, amicus practice, ...
Price:
$75.00 - Non Member Price

Product Type
On Demand

Average Rating:
   2
Bundle:
INCBA’s Cannabis Law Crash Course Bundle
Categories:
Administrative Law |  Cannabis |  Federal Law |  Regulation law |  Regulations
Faculty:
Matt Zorn |  Shane Pennington |  Marisa Malek
Duration:
56 Minutes
Format:
Audio and Video
SKU:
INCBA08152021CFROD
License:
Access for 6 month(s) after purchase.
Short Description:
How is Cannabis regulated at the federal level and how did we get here? What lessons have we learned from the regulation of hemp?
Price:
$75.00 - Non Member Price

Product Type
On Demand

Average Rating:
Not yet rated
Bundle:
CLI2022 On-Demand
Categories:
Federal Law |  Hemp Law |  Regulation law
Faculty:
Shane Pennington |  Matt Zorn |  Alan B. Morrison |  Michael Hiller |  Jay Wexler
Duration:
1 Hour 19 Minutes
Format:
Audio and Video
SKU:
INCBA090522MootOD
License:
Access for 6 month(s) after purchase.
Short Description:
Our distinguished panel of judges will hear argument from both sides—petitioners and the government—and make a decision regarding the legality of marijuana’s continued classification as a Schedule I s...
Price:
$75.00 - Non Member Price

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