Shannen W. Coffin

Partner

• scoffin@steptoe.com
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• Washington Office

Shannen W. Coffin is a partner in the Washington office of Steptoe & Johnson LLP, where he is a member of the Litigation Department, focusing on Supreme Court and appellate litigation.

Mr. Coffin rejoins Steptoe after distinguished service as a senior official of the federal government. From 2005 to 2007, Mr. Coffin served in the Office of the Vice President of the United States as Counsel to the Vice President–the chief legal adviser to the Vice President and general counsel to the Office of Vice President. In that capacity, he handled the full range of legal issues affecting the Vice Presidency and the Office of the Vice President (OVP). Mr. Coffin provided legal advice to the Vice President and his staff on constitutional, regulatory, national security, and related policy issues. He coordinated the OVP's response to congressional investigations and to litigation in both trial and appellate courts. Additionally, he participated in the inter-agency process on behalf of the OVP with respect to a variety of federal regulation and legislation, and handled federal and state election and ethics law matters for the OVP.

Earlier in his federal service, Mr. Coffin served as the Deputy Assistant Attorney General for the Federal Programs Branch in the US Justice Department’s Civil Division. There, he was responsible for overseeing and coordinating trial litigation on behalf of the federal government for constitutional challenges to federal statutes, statutory and constitutional challenges to agency programs, defense of national security and anti-terrorism programs, and employment litigation on behalf of federal agencies. He personally argued numerous significant litigation matters for the federal government in both trial courts and courts of appeals, including constitutional challenges to Presidential action, disputes over access to government information, and an intervention by the federal government into a major labor-management dispute. 

Mr. Coffin returns to Steptoe where he has been both a partner and an associate. His prior practice concentrated on appellate and Supreme Court litigation. He has advised clients on litigation strategy and represented clients before state and federal courts of appeals in cases involving tribal jurisdiction, employment law, antitrust law, commercial and insurance law, administrative law, and a wide range of constitutional issues.

Representative Matters

• Esso Standard Oil Co. v. Freytes, 467 F. Supp. 2d 156 (D.P.R. 2006). Successfully prosecuted federal civil rights claim to enjoin Puerto Rico's Environmental Quality Board (EQB) from imposing $76 million proposed fine against oil company. Court concluded that pervasive bias inherent in the EQB's structure denied company due process of law. 
• Cheney v. US District Court, 124 S. Ct. 1391 (2004) ( DC Dist. Court; DC Cir., US Supreme Court 2002-04). Argued in US District Court Federal Advisory Committee Act challenge to the President's formation of the National Energy Policy Development Group, a Presidential advisory group headed by the Vice President to advise and assist the President in the formation of a national energy policy. 
• Northwestern Memorial Hospital v. Ashcroft, 362 F.3d 923 (7th Cir. 2004). Argued appeal of discovery dispute addressing the appropriate role of privacy provisions of the federal Health Insurance Portability & Accountability Act (HIPAA) and implementing regulations in litigation in federal court over constitutionality of federal statute. Court adopted position advocated that federal law, and not state privacy laws, provides privilege rules in federal litigation.  
• Smith v. Snow, 346 F.3d 264 (2d Cir.  2003). Successfully defended President's determination to seize and vest previously frozen Iraqi assets for use in rebuilding Iraq against attempts to attach assets by victims of Iraqi terrorism.
• Kucinich v. Bush, 263 F. Supp. 2d 1 (D.D.C.  2002). Successfully defended the President's authority to terminate Anti-Ballistic Missile Treaty without the advice and consent of Congress. Constitutional challenge brought by members of the House of Representatives dismissed on separation of powers and nonjusticiability grounds.
• United States v. Pacific Maritime Association, No. 3:02-CV-04859, 2002 WL 31301033 (N.D. Cal. Oct. 8, 2002). Successfully argued first Taft-Hartley injunction action in the last 30+ years. At the President's direction, obtained order from US District Court for the Northern District of California, ending protracted labor dispute between West Coast Ports shipping companies and International Longshore and Harbor Workers Union.
• Atkinson Trading Co. v. Shirley, 532 U.S. 495 (2001). Successfully represented non-Indian hotel and trading post situated on Navajo Indian Reservation in challenge to tribal taxation imposed on hotel guests.
• Rice v. Cayetano, 528 U.S. 495 (2000). Filed amicus brief in support of successful petitioners in voting rights challenge to Hawaiian statute that limited eligibility to vote in particular statewide election to racial class of “Native Hawaiians.” US Supreme Court held that Hawaiian voting scheme violated Fifteenth Amendment prohibition against racial classifications in voting.
• Kreschollek v. Southern Stevedoring Co., 223 F.3d 202 (3d Cir. 2000). Successfully represented Stevedoring Company and its workers’ compensation insurer in opposing constitutional challenge to termination provisions of Longshore and Harbor Workers’ Compensation Act. US Court of Appeals for the Third Circuit held that employer and insurer were not state actors under the Due Process Clause when they terminated payment of benefits to an injured employee under the Act.

Noteworthy

• Counsel to the Vice President of the United States, 2005-07.
• Deputy Assistant Attorney General, Federal Programs Branch, Civil Division, United States Department of Justice, 2002-04. 

Select News & Events

• Shannen Coffin Returns to Steptoe & Johnson LLP
• Appearances on various syndicated radio and television programs, including Fox News, MSNBC, CNN, and National Public Radio.

Publications

• "Victory for the Executive," National Review Online, June 25, 2004.
• “Energy and the Executive,” National Review Online, June 24, 2004.
• “An Examination of Cheney v. US District Court: A Win for the Executive,” Federalist Society White Paper, June 2004.
• Mark F. Horning and Shannen W. Coffin, “Constitutional Regulation” of Private Actors: A New Threat to Free Enterprise? Washington Legal Foundation Critical Legal Issues: Working Paper Series No. 88, September 1998.
• Richard K. Willard and Shannen W. Coffin, Prison Capacity & “Low-Level” Drug Offenders, Washington Legal Foundation Critical Legal Issues: Working Paper Series No. 60, February 1995.

Professional Affiliations

• Federalist Society on Law and Public Policy: Vice-Chairman, Publications (2000-02); Vice-Chairman, Committee Oversight (1997-99)