Subash S. Iyer
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Subash S. Iyer

Partner

New York
929.642.0317

I enjoy drawing on my experience at the highest levels of federal government and in the courts to help solve clients’ pressing challenges. Having navigated the complexities of federal grantmaking, loan programs, environmental review, litigation, and regulation, I help states, transit agencies, airports, and others advance their major projects and resolve novel, high-stakes regulatory and litigation matters.

Subash brings a significant depth of legal and public policy experience to the firm. As Acting General Counsel of the U.S. Department of Transportation, he led the Department’s regulatory, enforcement, and litigation efforts and supervised legal review of federal grant and loan programs. He also worked closely with the Department’s senior leadership to respond to high-stakes safety and emergency matters and oversaw a team of nearly 500 attorneys.

Subash was previously Chief Counsel of the Federal Transit Administration. There, he worked with transit agencies to advance many critical projects, helped implement the Infrastructure Investment and Jobs Act of 2021, and focused on critical safety issues. He has experience working at a transit agency as well. He served as special counsel to the largest North American transit agency, the Metropolitan Transportation Authority of New York, where he worked on various governance and oversight matters.

Before his government service, Subash was a trial and appellate litigator, playing a significant role in multiple Supreme Court and court of appeals victories. He also served as a law clerk to three federal judges, including Associate Justice Ruth Bader Ginsburg of the U.S. Supreme Court.

His work at the Firm includes advising transit agencies and airports nationwide on high-stakes regulatory and litigation matters, major capital projects, federal grant and loan funding, rail and airline industry mergers and bankruptcies, and environmental review.

Representative Experience

U.S. Department of Transportation

  • Served as principal legal advisor to Secretary of Transportation Pete Buttigieg and oversaw nearly 500 attorneys throughout the Department
  • Worked with the White House and senior DOT leaders to implement programs under the Infrastructure Investment and Jobs Act of 2021.
  • Finalized over two dozen significant rules on safety, environmental, and economic issues affecting all transportation modes.
  • Defended the agency in multiple lawsuits challenging rulemakings and agency programs, including in the aftermath of several landmark Supreme Court decisions on constitutional and administrative law.
  • Worked with the Secretary and senior DOT officials to develop and carry out responses to major safety and emergency events, including natural disasters and air travel incidents.
  • Finalized major grant and loan agreements and environmental reviews and accelerated project delivery by streamlining review processes.
  • Led a major transformation of DOT’s Office of Aviation Consumer Protection, resulting in record-setting civil penalties against air carriers for violations of consumer protection and disability rights laws and new landmark regulations protecting air travelers, including passengers with disabilities.

Federal Transit Administration

  • Served as FTA’s principal legal officer and managed a 25-person legal team for the DOT modal administration charged with funding and supporting American public transportation.
  • Developed implementation strategy and provided legal guidance for FTA’s grant programs, including $70 billion in supplemental coronavirus relief funding and four new grant programs
  • Advanced critical regulatory actions, including the revised Capital Investment Grants policy guidance, and contributed substantially to major safety investigations.
  • Worked with transit agencies and labor, advocacy, and other groups on various legal and policy issues.

N.Y. Metropolitan Transportation Authority

  • Served as risk counsel to the largest public transportation agency in North America.
  • Led MTA’s Board office and its staff in preparing for board briefings and meetings; ensuring compliance with statutes, by-laws, and committee charters; and reviewing board materials.
  • Provided legal guidance on, and managed implementation of, various MTA initiatives, including on fare and toll changes, overtime management, and external audit responses.

Private Practice

  • Secured multiple Supreme Court and appellate victories for clients including:
    • A car dealership, challenging a Department of Labor Fair Labor Standards Act regulation in a victory before the Supreme Court in Encino Motorcars, LLC v. Navarro, 136 S. Ct. 2117 (2016).
    • The Omaha Tribe, in a unanimous Supreme Court win in Nebraska v. Parker, 577 U.S. 481 (2016)).
    • A major sports league, in a disciplinary matter involving a star player.
  • Conducted witness examinations and argued trial motions and jury instructions in a six-day federal civil jury trial.

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