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Chip English

Partner

Partner-in-Charge, Washington, D.C.

T 202.973.4272 Washington, D.C.
I enjoy applying law and policy, including the U.S. Constitution, where my clients' business interests intersect with government.
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Main Food + Beverage Bio

Chip English navigates and maximizes his clients' success as affected by governments. He focuses on practical advice with the goal of minimizing risk while valuing reward. This means understanding and finding a creative and legal way to the client's underlying goals where other lawyers might simply say "no." He thus concentrates his practice on complex commercial litigation and regulatory matters for business and trade association clients, especially in food and agriculture. He proudly has more than 25 years of experience in organic farming and processing regulation. Chip handles significant FDA recall and other food safety issues. He regularly advises clients on labeling issues and defends clients against class-action claims that products are mislabeled or misleading. Chip also focuses on constitutional matters involving the Commerce Clause, federal preemption, commercial speech, and the First Amendment.

Chip has represented clients before multiple state and federal agencies, especially including the U.S. Food and Drug Administration, the U.S. Department of Agriculture, the New York Department of Agriculture and Markets, and the California Department of Food and Agriculture where he has obtained numerous favorable rulings and results. He has also appeared successfully before the U.S. Supreme Court, in addition to arguing regularly before a number of trial and appellate courts.

Practice Highlights

Litigation

Represented private parties and trade associations in federal court litigation challenging and defending federal and state regulatory decisions involving the food and beverage industry.

Hearings and rulemaking

Represented processor and producer groups in formal hearings and informal rulemaking before the USDA and state agencies (e.g., California Department of Food and Agriculture).

Regulatory

Represented private parties in compliance, enforcement, recall, and regulatory review before the FDA and state health agencies.

Capper-Volstead counseling

Regularly advise farmer-owned dairy and fruit cooperatives on Capper-Volstead under 7 U.S.C. § 291-292. (Ongoing)

Aurora Organic Dairy

Defended Aurora Organic Dairy against an activist complaint alleging violations of the “access to pasture” rules for organic certification by the National Organic Program at USDA. USDA conducted a monthslong investigation and found our client to be always in compliance with organic rules. (Ongoing)

Sandviks v. PhD Fitness LLC, Johnston et al v. PhD Fitness LLC, Bohr v. PhD Fitness

Defended PhD Fitness LLC against multiple class action claims that dietary supplements are mislabeled and make misleading claims, in federal courts in Michigan, South Carolina, and Illinois. (E.D. Mich., D.S.C., N.D. Ill. 2017-2018)

Carlin, et al. v. DairyAmerica, Inc. et al.

Defending class action alleging damage from purported improper reporting of product prices to USDA. Appeal pending. (E.D. Cal., 9th Cir. Ongoing)

Digimarc Corporation

Advising Digimarc in submitting comments on the USDA’s proposed rule to establish the National Bioengineered Food Disclosure Standard mandated by Congress in 2016. (Ongoing)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • District of Columbia, 1985
  • Maryland, 1990
  • Virginia, 1984
  • U.S. Supreme Court, 1987
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, District of Maryland
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Michigan

Education

  • J.D., University of Virginia School of Law, 1984
  • B.S., Commerce, University of Virginia, 1981

Memberships & Affiliations

    • Agricultural Law Association
    • Administrative Law Section; Litigation Section – American Bar Association

Professional Recognition

    • Named as one of "America's Leading Lawyers for Business" by Chambers USA in Food & Beverages: Regulatory & Litigation (Nationwide), 2022-2024
    • Received the "The Edward J. Davis Diversity & Mentorship Award," Davis Wright Tremaine, 2019
    • Selected to "Washington, D.C. Super Lawyers" in FDA and Administrative Law, Thomson Reuters, 2007, 2013-2017

Background

    • Principal, Ober|Kaler, Washington, D.C., 2008-2012; 1992-2000
    • Partner, Thelen LLP, 2000-2008
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Publications
03.05.25
News
Quoted in "EU court puts US organic food exporters in labeling dilemma," Agri-Pulse Read More External Link
Grocery Store Vegetables
02.19.25
Insights
Food + Beverage
New Administration Outlook: Four Food Industry Insights, From RFK to FDA and SNAP to Tariffs Read More
Lousiana levee
09.09.24
Insights
Food + Beverage
The New Frontier of Regenerative Agriculture Certifications Read More
Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
Veggie produce at the grocery store
02.06.23
Advisories
Food + Beverage
FDA Issues Proposal to Redesign Its Oversight of Human Foods Read More
Publications
06.07.22
News
Chambers USA Recognizes Davis Wright Tremaine for Excellence in Key Practice Areas and Industry-Leading Success With DEI Read More
Presentation
06.29.21
Presentations
Food + Beverage
Panelist, "Inside Washington: What to Expect from the Biden Administration and a Balanced Congress," the California Creamery Operators Association Read More
Publications
2020
News
"Supporting the Equal Rights Amendment," Davis Wright Tremaine Pro Bono & Social Impact Report Read More External Link
Chef in industrial kitchen
03.03.20
Advisories
Food + Beverage
Coronavirus: Food Safety Readiness Read More
Anti_SLAPP_Title
09.27.19
Insights
Fall 2019
Supreme Court Expands Application of Exemption for Business Data Under Freedom of Information Act Read More
Insights
06.26.19
Advisories
Food + Beverage
Supreme Court Expands Application of Exemption for Business Data Under FOIA Read More
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