Bryan M. Haynes serves clients by developing and implementing creative solutions for complex issues. Specializing in tobacco industry regulatory compliance and enforcement matters, Bryan efficiently assists clients in complying with regulatory obligations and managing risk, consistent with clients’ business objectives.
Bryan devotes his practice to representing businesses in disputes and regulatory compliance matters involving government agencies, including the Food and Drug Administration (FDA) and state attorneys general, and in other commercial litigation.
Bryan is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country, representing both domestic and international clients.
As head of the firm’s tobacco law practice, he focuses on representing tobacco manufacturers, distributors, retailers and suppliers in all aspects of their businesses, including regulatory compliance, FDA requirements, administrative disputes involving a federal or state governmental entity, commercial agreements, and tobacco taxation matters.
Bryan works with clients in all segments of the tobacco industry, including cigarette, cigar, pipe tobacco, and e-cigarettes and other novel products. Bryan has been advising clients regarding compliance with the Family Smoking Prevention and Tobacco Control Act since before the law was passed in 2009.
Bryan also advises companies that sell products subject to the FDA’s “deeming rule,” which gave the FDA authority to regulate e-cigarettes and other electronic nicotine delivery systems, cigars and pipe tobacco.
Bryan assists clients with FDA premarket review requirements, including substantial equivalence (SE) and premarket tobacco applications, and has helped companies obtain numerous SE marketing orders for new products.
He also advises tobacco companies in connection with Master Settlement Agreement (MSA) compliance issues, including negotiations with state regulators and in litigation. Further, Bryan represents distributors and retailers in connection with state and federal tax compliance and disputes, and has successfully defended manufacturers and distributors in disputes with the Alcohol and Tobacco Tax and Trade Bureau and state revenue departments.
Representative Matters :
- In the course of approximately one year, obtained three preliminary injunctions and/or temporary restraining orders as lead counsel on behalf of tobacco companies in disputes with states or the federal government.
- Obtained a verdict following a four-day bench trial in favor of a regional tobacco company, affirmed on appeal, in a declaratory judgment action implicating a sale on interest in $70 million in qualified settlement fund escrow accounts.
- Served as counsel to numerous companies in connection with the purchase of tobacco businesses, which included conducting due diligence and providing advice regarding associated federal and state regulatory issues.
- Obtained a $5.2 million judgment, after a two-day trial, on behalf of a cigarette manufacturer in a commercial dispute with a distributor.
Professional and Community Involvement : Tobacco Committee, Food & Drug Law Institute
Professional Experience : Judicial Clerk to the Honorable Diane Gilbert Sypolt of the U.S. Court of Federal Claims, Washington, D.C., 1998-1999
- George Mason University Antonin Scalia Law School, J.D., magna cum laude, 1998, George Mason Law Review
- Virginia Polytechnic Institute & State University, B.A., 1993
BAR ADMISSIONS : Virginia, District of Columbia
COURT ADMISSIONS :
- U.S. District Court for the Eastern District of Virginia
- U.S. Bankruptcy Court for the Eastern District of Virginia
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the District of Columbia
- U.S. Court of Federal Claims
- Supreme Court of Virginia
Rate : $$$$