Partner Andrew Grossman recently appeared before the House of Representatives Subcommittee on the Constitution and Limited Government of the Committee on the Judiciary to discuss “sue and settle” agreements.
His June 6, 2023, testimony centered on the “collusion” of federal agencies with interest groups who bring suits resulting in settlements that force policy and action not just on the current administration (which may support it), but also on future administrations, which may not.
In “sue and settle” cases, “regulators are only too happy to face collusive lawsuits by friendly ‘foes’ aimed at compelling government action that would otherwise be difficult or impossible to achieve,” Grossman told the subcommittee.
He proposed reform legislation to “ensure the Executive Branch is not abusing its settlement power” and greater oversight of the Department of Justice with respect to its policies on settlements. His testimony was titled “Government Litigation and the Need for Reform.”