Litigation
 
  Government Relations
 
Charles English handles litigation and government relations at Ober|Kaler.  

    

Charles M. English
Principal
  cenglish@ober.com
202-326-5009
202-336-5209 fax
Contact Charles EnglishDownload vCard
 
  Experience  

Chip is a principal in Ober|Kaler's Commercial Litigation and Government Relations Groups. Chip serves as outside general counsel for business and trade association clients and is one of the firm's seasoned federal court litigators. His litigation practice covers a wide range of complex litigation, including jury trials, from general commercial disputes to the defense of clients in enforcement actions and investigations initiated by state and federal agencies.

Chip devotes substantial time to litigating Commerce Clause, Preemption and First Amendment commercial speech disputes involving state agencies and has led successful teams at the federal District, Circuit and Supreme Court. Clients in these areas include waste haulers, automotive companies, energy companies, nurseries, dairy farmers, milk processors, and state agencies. Chip has successfully sought certiorari in the U.S. Supreme Court involving aspects of the negative Commerce Clause and the Privileges and Immunities Clause and as successor counsel, he successfully tried and defended on appeal a Commerce Clause case that was on remand after a reversal with adverse instructions for the client, a state agency.

Chip also represents numerous food and agriculture clients before state and federal agencies and the litigation that arises out of such proceedings. Chip has worked for more than fifteen years in organic farming regulation and is experienced in food and drug law and antitrust law relating to agriculture. He represents processor and producer groups in virtually all hearings before the USDA and was active in the Federal Milk Market Order Reform rule-making proceedings mandated by the 1996 Farm Bill. Chip has obtained numerous agency rulings and has successfully defended them in federal court on multiple occasions. Due to his mastery of state and federal marketing order regulations, Chip serves as regulatory counsel in numerous mergers and acquisitions and has represented and advised unsecured creditors committees regarding operation and interaction of federal and state milk marketing order regulations. Chip is also well-versed in other agriculture regulatory programs, including the Perishable Agricultural Commodities Act (PACA), food labeling, food safety and standards of identity.

Chip also provides legislative support and lobbying at both the state and federal levels and was involved in the formulation of the 1990 and 1996 Farm Bills as well as the Milk Regulatory Equity Act of 2005.

 
 
    Representative Cases

Hillside Dairy v. Lyons 123 S.Ct. 2142 (2003) (reversing and remanding for decision on the merits); 317 F. Supp.2d 1194 (E.D. CA 2004) (merits decision in favor of plaintiffs)

California Association of Nursery Growers v. Farmer, Case No. 04-38- JMH (E.D. KY 2004)

Cloverland-Greenspring v. PMMB, 462 F.3rd 249 (3rd Cir. 2006)

Edaleedn Dairy LLC v. Johanns, 467 F.3rd 778 (D.C. Cir. 2006)

 
 
    Admitted

Court of Appeals of the District of Columbia

Court of Appeals of Maryland

Supreme Court of Virginia

 
 
  Education

University of Virginia, J.D., 1984

University of Virginia, B.S., 1981

 
 
   Professional & Community

Agriculture Law Association

American Bar Association

Section on Administrative Law
Section on Litigation

 
 
   Honoraries

Listed in Washington, DC Super Lawyers, FDA and Administrative Law, 2007