Government

Hinshaw has substantial experience with federal, state, county and local governmental activities and policymaking. Our Government and Administrative Affairs Practice attorneys have a unique understanding of government as the core of their career experience is derived from high-level government service. Hinshaw’s attorneys have served as U.S. Attorneys, Assistant U.S. Attorneys, State’s Attorneys and counsel to federal and state agencies and members of government, including as Chief Legal Counsel to former Illinois Governor Jim Edgar.

Additionally, we have served as Deputy Governor of Illinois, legal counsel to the Illinois House Republican staff, Chief Counsel for the Illinois Department of Transportation, Chief Legal Counsel for the Illinois Department of Natural Resources, Acting Director of the Illinois Division of Aeronautics, Administrator of the Illinois Gaming Board, and on various state and local task forces.

Hinshaw's attorneys serve as Special Assistant Attorneys General, Special Assistant State’s Attorneys and Special Assistant Corporation Counsel. We have also served as hearing officers with the Illinois Department of Transportation, the Illinois Capital Development Board and the Illinois Commerce Commission. Our attorneys include a former administrative law judge for the Illinois Department of Public Health and legal advisor to the Deputy Clerk of the Illinois Court of Claims. The insights obtained through this experience enable Hinshaw's Government and Administrative Affairs team to determine the most effective representation strategy for their clients.

Hinshaw is highly experienced in all aspects of local government organization and operations, including general and bond elections, election contests, conflict of interest laws applicable to local government officers and contracts, annexations, budgets and appropriations, meeting requirements and parliamentary procedure, and publication requirements for legal notices. We have worked with Illinois bonding authorities, pension funds, state police, Department of Corrections, the Criminal Justice Information Authority, Police Training Board, the Industrial Commission and the Illinois Gaming Board.

For municipal clients, we provide counsel on environmental issues and legislative advocacy services, including drafting legislation, lobbying before governmental entities, working with legislatures in promoting legislative changes and securing government funding assistance. We also have broad experience in both federal and state courts defending municipalities, police officers, cities, counties, and elected and appointed employees and officials against charges of civil rights violations.

Our attorneys publish and lecture extensively on all aspects of governmental law, authoring the treatise "Illinois Municipal Tort Liability," a publication often cited by federal courts and the Illinois Supreme Court, which focuses on liability issues facing units of government and public officials in state and federal litigation.

We represent companies before all levels of government, and have significant experience in handling bid protests, claims and defective pricing litigation in the federal courts. Hinshaw has assisted major defense contractors in preparing voluntary disclosures to federal agencies, including the FBI, Office of Inspector General and the U.S. Department of Defense, and has represented several companies in handling whistleblower claims and qui tam actions.

Areas of Focus Include:

Civil Rights and Constitutional Litigation

We regularly appear in state and federal court, as well as administrative tribunals, such as the U.S. Equal Employment Opportunity Commission (EEOC) and state departments of human rights. In doing so, we represent businesses, professionals and other individuals, and state and local public bodies and officials who are defendants in claims involving alleged violations brought under 42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal and state civil rights statutes.

We also provide legal assistance to business entities and individuals in diverse regulatory matters. This includes representing parties in professional licensing and disciplinary actions and appearing before boards and commissions that regulate gaming, health care, insurance, transportation, and intrastate and interstate commerce.

In addition, we counsel governmental entities and universities as outside counsel involving: air and ground transportation, data retention practices, employee discipline, freedom of information, open meetings, public contracting (awarding and bidding of contracts), records retention and telecommunications, among many other issues.

Government Contracts and Procurement

We have extensive knowledge and experience in advising clients regarding issues surrounding government procurement law and regulation at the federal, state, county and local level. We use this knowledge and experience to assist our clients in drafting and organizing bid responses to requests for proposals and formulating and drafting contract award protests, and to defend clients cited by a government entity for an alleged failure to comply with existing federal, state or local law, statute or ordinance. We also help our clients acquire disadvantaged business certification from certifying government entities.

Procurement

• Advising and formulating bid and contract award protests
• Defending clients faced with suspension or debarment
• Formulating responses to requests for proposal and qualifications
• Government procurement laws and procedures

General Governance

• Business consulting
• Legislative advocacy
• Licensure
• Permitting procedures and acquisition
• Regulatory compliance

Contractor Set-Aside Programs

In the field of government disadvantaged contractor set-aside programs, our team is skilled in determining the path of least resistance to resolve regulatory compliance, permitting and legislative affairs such as: 

• Assisting clients in responding to preliminary and permanent certification denials
• Assisting with corporate ownership and control re-alignment
• Certification application review, organization and submittal
• Certification eligibility audits
• Defending clients faced with suspension or debarment as a vendor in "good standing"

Municipal and Licensing

We provide general counsel to governmental bodies, handling of all types of operational legal issues. Among other activities, we have aided public entities by: advising on and drafting policies, procedures and legislation; handling public and private sector financial transactions; lobbying; and securing government funding assistance. We have also defended public entities in all types of federal and state litigation.

Our clients in this area also include government employees, municipalities, park districts, school districts and other public bodies. Our services include: 

Municipal and Civil Rights Liability

Hinshaw has represented state and local officials and public entities in virtually every type of civil rights and municipal liability case imaginable. One of our senior partners wrote, and has updated regularly, the leading treatise in this area of law, "Illinois Municipal Tort Liability." This publication focuses on liability issues facing units of government and public officials in state and federal litigation. Both the Illinois Supreme Court and lower courts have cited this publication in judicial opinions.

The countless types of cases we have successfully defended have involved:

• Claims of discrimination in the provision (or lack thereof) of governmental benefits, regulation or services
• Claims of fabrication of evidence and/or malicious prosecution
• Claims of false arrest and excessive force
• Claims of illegal municipal zoning and local land use regulations
• Claims of retaliation in violation of the First Amendment
• Federal class action civil rights claims

Public Law and Finance

Hinshaw helps governmental entities grow and thrive by providing comprehensive assistance with public and private financial deals. We provide borrower's and underwriter's counsel services, and our Municipal Practice attorneys are supported by the firm's robust tax and real estate practice. Services we have provided include:

• Acting as bond counsel in drafting resolutions, ordinances and other proceedings and, where appropriate, trust indentures
• Acting as underwriter's counsel in connection with tax-exempt or taxable financing by municipalities and other public bodies
• Advising clients of new local or state legislation
• Lobbying before state legislatures
• Rendering unqualified legal opinions as to the validity and, where appropriate, tax-exempt status of the securities in question
• Representing local public entities before regulatory agency hearings

Specifically, we represent local governments generally and in connection with financing matters concerning bond issues, federal and state legislation, grant development, tax anticipation warrants, and tax issues, including tax and rate objections.

Employment and Labor

At the federal, state and local levels, we help public entities manage their human resources by providing advice, counsel and representation on labor and employment matters.

We represent public entities in employment matters involving, among other issues: breach of contract; discrimination; employer's liability; and terminations, layoffs and suspensions. Our Municipal and Employment Law attorneys also assist public bodies with drafting and revising employee and management handbooks, personnel rules and policies.

Additionally, we advise, counsel and represent public entities in labor matters such as: collective bargaining negotiations and labor contract disputes; union election campaigns and organizational drives; unfair labor practice charges; and other difficult labor situations, including dealing with the public relations aspect of strikes.

Real Estate

Our municipal and real estate attorneys routinely help public entities manage the legal aspects of their diverse and often unique property-related endeavors and challenges. The numerous construction, real estate, zoning and land use, and other matters with which we have assisted our public clients include:

• Public bidding
• Construction and professional services contracts
• Construction litigation
• Land use planning and zoning
• Leasing, financing, sales and acquisitions of real estate
• Property taxation
• Performance and payment bonds and other surety matters

Environmental

In addition to the many real estate services that Hinshaw provides to public entities, we also aid clients with broad-based and sophisticated environmental advice, counsel and representation. Issues on which we have frequently assisted governmental bodies include:

• Civil and criminal environmental enforcement cases
• Compliance counseling
• Development of internal compliance and risk management programs
• Disaster response
• Sales and purchases of property
• Self-audits

We also actively consult with clients on loss prevention and risk management issues in their new ventures and ongoing operations. Issues that we advise on in this context include: process risk management, indoor air quality, asbestos, mold and other types of potential exposure, and ongoing remediation of property.

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