Philip Perry

For the American R&B singer, see Phil Perry.

Philip Perry
General Counsel of the United States Department of Homeland Security
In office 2005 – February 6, 2007
Preceded by	Joe D. Whitley
Personal details
Born	Philip Jonathan Perry (1964-10-16) October 16, 1964 San Diego, California, U.S.
Political party	Republican
Spouse	Elizabeth Cheney (m. 1993)
Children	5
Residence	Wilson, Wyoming
Alma mater	Cornell Law School (J.D.) Colorado College (B.A.)
Profession	Attorney
Website	Biography at Latham & Watkins, LLP, website

Philip Jonathan Perry (born October 16, 1964) is an American attorney and was a political appointee in the administration of George W. Bush. He was acting associate attorney general at the Department of Justice, general counsel of the Office of Management and Budget, and general counsel of the Department of Homeland Security. He is a partner at Latham & Watkins in Washington, D.C. He is the son-in-law of former Vice President Dick Cheney.

Early life and education

Perry was born in San Diego County, California. He graduated with a Bachelor of Arts degree in English from Colorado College in 1986. He earned a Juris Doctor degree from Cornell Law School in 1990.

Career

Counsel to United States Senate/campaign finance abuse

In 1997–98, Perry was counsel to the United States Senate hearings on campaign finance abuses in the 1996 presidential campaigns.

2000 Presidential Transition Team

In 2000, he was a policy advisor for the Bush-Cheney presidential transition team and an advisor on the Vice Presidential Debate preparation team. Of Perry, Cheney said, "He was tough...much tougher than I would have been on my father-in-law."

Department of Justice

Perry joined the Department of Justice and served in a number of roles before being named acting associate attorney general (the Department’s third-ranking official), overseeing DOJ's five civil litigating units: Civil, Tax, Environment and Natural Resources, Antitrust, and Civil Rights.

Office of Management and Budget

In 2002, Perry then moved to the White House to be general counsel for the Office of Management and Budget (OMB)under the then-Director Governor Mitch Daniels. In that capacity, Perry supervised the White House's clearance of federal regulations, mediated interagency disputes, addressed matters on the DOJ's civil litigation docket, formulated presidential executive orders, developed White House policy initiatives, and advised the president. Among his tasks as general counsel was drafting the legislation that created the new Department of Homeland Security. Kenneth Feinberg, special master of the September 11th Victim Compensation Fund called Perry "a first-rate lawyer," "quiet but determined, " and the "unsung hero" of the team of lawyers faced with settling the issue of which family members of September 11 victims would be eligible to receive compensation. Perry suggested that in cases where family wills did not stipulate beneficiaries (80%), the matter should be determined under the inheritance laws of the state in which a victim held residence.

Latham & Watkins

Mr. Perry's Latham & Watkins Biography reads as follows:  https://www.lw.com/people/PhilipJPerry

Phil Perry is a litigation partner in the Washington, D.C. office of Latham & Watkins. His career has been unique. Mr. Perry has served in private practice as lead trial counsel on high-profile matters of national importance, but has also served as the General Counsel to two federal agencies, and in multiple high-ranking positions in the US Department of Justice. Based on Mr. Perry’s multiple litigation victories this year, the National Law Journal recognized Mr. Perry for his “remarkable successes” in its Litigation Trailblazers report for 2018.

In 2005, Mr. Perry was nominated by the President and confirmed unanimously by the US Senate as General Counsel of the US Department of Homeland Security. In that role, Mr. Perry managed an office of 1,500 lawyers responsible for all components of the department. Prior to his appointment at Homeland, Mr. Perry served as General Counsel of the White House Office of Management and Budget, addressing budgetary, regulatory, and policy issues across the Executive Branch. Mr. Perry also previously served as acting Associate Attorney General for the US Department of Justice (the Department’s third-ranking official), overseeing the Department’s Civil, Civil Rights, Environment and Natural Resources, Tax, and Antitrust Divisions. Earlier in his career, Mr. Perry served as Counsel to the US Senate’s 1997 Special Investigation of Campaign Finance Abuses.

Mr. Perry’s current practice covers multiple subject matter areas. He is a recognized expert in federal regulation of biotechnology, and has successfully litigated the leading federal cases in that field. Mr. Perry also regularly litigates cases involving the Federal Food and Drug Administration (FDA), the US Environmental Protection Agency (EPA), and the US Departments of Agriculture, Interior, and Justice (including the Drug Enforcement Administration). He has successfully sued to invalidate federal regulations and agency actions (including in multiple cases in 2018), and has also successfully intervened to defend multiple US agencies in challenges critical to his client’s business interests. Mr. Perry has also served as lead trial counsel in water rights matters, and is currently representing Florida before the U.S. Supreme Court in a dispute against Georgia. (The Supreme Court recently ruled in Florida’s favor in that matter, and proceedings continue before a Special Master.)

Mr. Perry is also an expert on federal and state express and implied preemption issues, and has taken a lead role in multiple successful products liability and other civil litigation matters where such issues were critical. In addition to litigation in federal courts, Mr. Perry has also served as lead counsel in hearings before federal administrative law judges and in federal investigatory matters. Drawing on his prior experience with congressional investigations, Mr. Perry has represented clients in multiple congressional hearings and inquiries. Mr. Perry also handles certain federal regulatory issues, including in particular environmental matters and on matters of homeland and national security.

Mr. Perry’s litigation successes include: Eagle Pharmaceuticals v. Azar, 16-CV-790 (D.D.C. Jun. 8, 2018) (Argued and won case requiring FDA to grant seven years of marketing exclusivity for a particular chemotherapy drug). National Association of Wheat Growers et al v. Zeise, 2:17-cv-02401 (E.D. Cal. Feb. 26, 2018) (Injunction granted against California’s Proposition 65 warning requirement on First Amendment grounds; first such injunction granted in the 32 year history of Proposition 65). Florida v. Georgia, No. 142, Original (U.S. Sup. 2018) (Supreme Court ruling in Florida’s favor, instructing Special Master to make factual findings, “balance the equities” and quantify the amount of water to which Florida is entitled). Par Sterile Products, LLC et al. v. Hargan, 1:17-cv-02221 (D.D.C. Apr. 4, 2018) (Challenge to FDA’s policy/guidance regarding pharmacy compounding practices causes FDA to comply with the law and issue a favorable finding for client). Atay v. County of Maui, 842 F.3d 688 (9th Cir. 2016) (Affirming lower court victory invalidating county ban on biotechnology crops as preempted by federal and state law). Robert Ito Farm, Inc. v. County of Maui, --- F. Supp. 3d ---, No. CIV. 14-00511, 2015 WL 4041480 (D. Haw. 2015) (Invalidating county ban on biotechnology crops as preempted by federal and state law). Alika Atay et al. v. County of Maui et al.1:14-cv-00582-SOM-BMK (D. Haw. 2015). Teva Pharmaceutical Industries, Ltd. v. Sebelius, No. 1:14-cv-00786 (D.D.C. May 15, 2014) (Defeating challenge to pending FDA generic drug application). Monsanto Co. v. Geertson Seed Farms, 130 S. Ct. 2743 (2010) (Supreme Court victory on injunction law and power of federal courts in APA litigation). Entergy Corp. v. Riverkeeper, Inc., 129 S. Ct. 1498 (2009) (Supreme Court victory on Clean Water Act issue). Center for Food Safety v. Vilsack, __ F.3d __, 2013 WL 2128324 (9th Cir. May 17, 2013) (Defeating challenge to biotechnology crop approval). Walgreen Co. v. DEA, No. 12-1397 (D.C. Cir. filed Oct. 10, 2012) (Challenging DEA enforcement action and regulatory interpretation). Center for Food Safety v. Vilsack, 636 F.3d 1166 (9th Cir. 2011). Sottera, Inc. v. FDA, 627 F.3d 891 (D.C. Cir. 2010). Center for Food Safety v. Vilsack, 844 F. Supp. 2d 1006 (N.D. Cal. 2012). Center for Food Safety v. Vilsack, No. 10-4038, 2011 US Dist. LEXIS 31688 (N.D. Cal. Mar. 17, 2011). Sottera, Inc. v. FDA, 680 F. Supp. 2d 62 (D.D.C. 2010) (Defeating FDA action re. e-cigarettes). Wyeth Pharmaceuticals v. FDA, No. 1:09-cv-01810-FJS, slip op. (D.D.C. Sept. 24, 2009) (Dispute regarding generic drugs).

General counsel for Department of Homeland Security

In April 2005, President George Bush nominated Perry to be the general counsel for the Department of Homeland Security. Perry was confirmed unanimously by the U.S. Senate later that year. In his position as the general counsel for the DHS, Perry supervised over 1,500 lawyers, and advised Secretary Michael Chertoff and the White House on the Department's legal and policy issues. Issues of influence for Perry included, but were not limited to, "the transit of people and cargo, comprehensive immigration reform, and critical infrastructure such as chemical plants." A Cornell Law alumni newsletter reports, "While at DHS, he was joined by Gus P. Coldebella '94, current acting general counsel, and Julie L. Myers '94, assistant secretary of homeland security for U.S. Immigration and Customs Enforcement."

Return to private sector

Perry was also "closely involved" in the inter-agency Committee on Foreign Investment in the United States (CFIUS) National Security Agreement process.

Awards and honors

Perry has been recognized as a leading litigator in the Euromoney Institutional Investor Benchmark: Litigation 2008 guide.

Personal life

Perry is married to Elizabeth Cheney, an alumna of Colorado College. They have five children. Elizabeth Cheney is the daughter of former Vice President Dick Cheney. She is the former deputy assistant secretary of state for near eastern affairs at the State Department, and was a member of the Iran Syria Policy and Operations Group, and was elected to the U.S. House of Representatives from Wyoming's at-large congressional district.

Quotes

• "The term 'revolving door' implies people going in and out of government in order to obtain monetary gain. The reason people go into government is to serve their country. It's not appropriate to describe that as a 'revolving door.'"

External links

• Appearances on C-SPAN