Overview

Shane Pennington serves as counsel in Vicente Sederberg's New York office. His practice focuses on federal appeals and regulatory issues. As a former law clerk to federal judges on the D.C. Circuit, the Fifth Circuit, and the D.C. District Court, Shane’s unique insights can also assist clients in evaluating potential or pending cases involving complex regulatory issues.

Shane is recognized as “One to Watch” by Best Lawyers in America® and as a “Texas Rising Star” in Appellate Law by Thomson Reuters’ Super Lawyers. He provides commentary regarding administrative law issues to the Yale Journal on Regulation "Notice & Comment" blog, as well as his own blog, admin.law. He is also a regular contributor to the “News From the Circuits” column published in the American Bar Association’s Administrative and Regulatory Law News.

Experience

Leadership & Community Involvement

• Co-chair, Amicus Committee, International Cannabis Bar Association

Case Highlights

• Scottsdale Research Institute v. DEA (D. Ariz.). Co-lead counsel in FOIA suit to force release of a secret 2018 opinion of DOJ’s Office of Legal Counsel, “Licensing Marijuana Cultivation in Compliance with the Single Convention on Narcotic Drugs.” Within weeks of filing complaint—and without filing a FOIA request—secured settlement requiring DOJ to disclose OLC opinion barring DEA from processing medical research applications under the Controlled Substances Act until DEA brought its regulations in line with federal law and United States treaty obligations.

• In re Scottsdale Research Institute (D.C. Cir.). Co-lead counsel in mandamus action seeking order requiring DEA to process clinical research applications after years of delay. In response to order from D.C. Circuit calling for its response to petition for writ of mandamus, DEA capitulated, processed 33 overdue applications, and announced at long last its intent to move forward with a comprehensive program. In May 2021, DEA announced that it had preliminarily approved Scottsdale Research Institute’s application to grow marijuana for research purposes. DEA and Scottsdale Research Institute are currently negotiating a Memorandum of Agreement to govern Scottsdale Research Institute’s federal grow license going forward.

• Sierra Frac Sand, L.L.C. v. CDE Global Limited (5th Cir.). Defended appeal of district court order dismissing claims against Northern Irish company on forum non conveniens grounds. Fifth Circuit canceled oral argument and issued published opinion affirming ruling in client’s favor. 

• California State Lands Commission v. Plains Pipeline LP (Cal. App.). Briefing and oral argument on behalf of party appearing as amicus curiae; in opinion favorable to client, state appellate court expressly rejected federal appellate court’s ruling in client’s case presenting same important and novel issue of California law.

• Sabre Travel International, Ltd. v. Deutsche Lufthansa AG (Tex.). Successfully represented airline before Texas Supreme Court; secured ruling that federal Airline Deregulation Act did not preempt airline’s state-law claims against third-party vendor.

• Halliburton Co. v. Erica P. John Fund, Inc. (U.S.). Merits briefing on behalf of petitioner resulting in a unanimous Supreme Court opinion in client’s favor holding that securities-fraud defendants must be afforded an opportunity to rebut the presumption of reliance before class certification with evidence of a lack of price impact.

• Baker Botts LLP v. ASARCO, LLC (U.S.). Certiorari- and merits-stage briefing in case questioning whether Bankruptcy Code permits bankruptcy courts to award attorney fees to counsel or other professionals employed by the bankruptcy estate for work in defense of fee application in court.

Recognition

• Thomson Reuters Super Lawyers, "Rising Stars," 2020-2021

• Best Lawyers®: Ones to Watch, Appellate Law, 2020

Publications

VS Insights

• Co-author, "Memo to the INCB Regarding Draft Guidelines on Control Requirements for Medical and Scientific Cannabis," May 24, 2021

Events

• Speaker, Hemp Industries Association, "Hemp Industry Litigation in Response to DEA Overreach,” Online, May 15, 2021