Marlan Golden | Washington, D.C. | Hogan Lovells

Marlan Golden

Senior Associate Litigation, Arbitration, and Employment

golden-marlan

Marlan Golden
golden-marlan
  • Overview
  • Experience
  • Credentials
  • Insights and events

Marlan Golden represents clients in high-stakes litigation challenging or defending government regulatory action.  

Marlan is an administrative law specialist who helps clients overcome complicated regulatory hurdles through litigation.  A member of the firm’s Administrative Procedure Act (APA) group, he handles disputes involving federal and state legislation and regulation that often raise complex questions of administrative procedure, constitutional rights, federal preemption, and statutory interpretation.  In addition to litigating these matters, Marlan counsels clients confronting regulatory issues that may result in litigation.

Marlan has worked with clients facing disputes involving the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the Centers for Medicare & Medicaid Services (CMS), the Health Resources and Services Administration (HRSA), the Environmental Protection Agency (EPA), the Department of Education (ED), and other federal and state administrative agencies.  He represents clients before trial courts, appellate courts, and administrative forums, and he briefs and argues critical motions in federal court.  

As part of his regulatory litigation practice, Marlan advises clients on and litigates Freedom of Information Act (FOIA) and reverse-FOIA disputes as well as complex commercial litigation matters with a regulatory dimension.  He also maintains an active pro bono practice.

Marlan earned his J.D. from Harvard Law School, where he was a finalist in the Ames Moot Court Competition.  He began his career at Hogan Lovells as a summer associate.  Before rejoining the firm, Marlan clerked for Judge Rossie Alston on the U.S. District Court for the Eastern District of Virginia.  

Representative experience

Represented pharmaceutical manfuacturer as intervenor in Administrative Procedure Act litigation defending FDA approval of product, resulting in unanimous Supreme Court victory on standing grounds.

Represented client in precedential Administrative Procedure Act challenge resulting in decision vacating agency action as contrary to law.

Obtained dismissals of Department of Justice civil enforcement action and citizen suit brought against client under the Toxic Substances Control Act.

Briefed and argued jurisdictional issues in Administrative Procedure Act challenge in federal district court.

Obtained stay pending appeal for pharmaceutical manufacturer client challenging FDA action in the D.C. Circuit.

Briefed multiple constitutional challenges to federal and state laws in various trial and appellate courts.

Represented health insurer in Administrative Procedure Act challenge resulting in decision setting aside administrative action as contrary to agency’s regulations.

Successfully litigated Administrative Procedure Act challenge resulting in withdrawal of agency action.

Defended confidentiality of client’s propriertary data and information in Freedom of Information Act litigation.

Succeeded in obtaining summary resolution of appeal in client’s favor in D.C. Circuit.

Represented drug manufacturer in Administrative Procedure Act challenge to agency interpretation of statutory provisions governing federal drug discount program.

Litigated challenge to state regulatory actions resulting in emergency injunctive relief on federal preemption grounds.

Credentials

Education
  • Juris Doctor, Harvard Law School, 2019
  • B.A., University of Alabama, 2014
Bar admissions and qualifications
  • District of Columbia
Court admissions
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Supreme Court
Memberships
  • American Bar Association Section of Administrative Law & Regulatory Practice