State and Local Advocacy and Legislative Drafting
Federal Advocacy and Legislative Drafting
We advise on federal legislation, including with respect to commerce, communications, cybersecurity, financial services, privacy, tax, technology, and trade. We have particular skill in legislative drafting of bills and amendments. We also create and implement strategies to advance legislation, advise on coalition building and grass roots lobbying, and prepare witnesses for legislative hearing testimony and working with the media.
We advise on legislative matters in state capitols and city halls around the nation, providing the same key legislative services we provide at the federal level. We have particular experience in transportation, technology, privacy, healthcare, gaming, trade associations, and election law matters, as well as in nationwide legislative efforts for emerging industries and issues.
We advise on merger, cartel, business practice regulatory requirements and investigations. This includes civil litigation involving government and follow-on lawsuits by private plaintiffs (which often arise from investigations by government regulators and Congressional committees). Additionally, we provide counseling on Foreign Direct Investment (FDI) and State Aid controversies.
We advise on federal and state laws related to advertising, marketing, and other aspects of customer acquisition. This includes UDAP issues, telemarketing, autorenewal, and issues related to customer authorization and consent, as well as enforcement activities involving those issues.
We advise on federal and state safety laws applicable to motor vehicle and equipment manufacturers. This includes compliance with safety requirements, defects investigations and recall campaigns, vehicle import, testing and distribution rules, and manufacture registration and reporting requirements. We have particular skill in autonomous and connected vehicle testing and development. This also includes assistance in rulemaking, legislative, and litigation proceedings concerning safety and spectrum regulatory issues.
We advise on EU chemical regulatory developments, including REACH and Classification, Labelling and Packaging of Substances and Mixtures (CLP) Regulation, EU Chemicals Strategy for Sustainability (CSS), and other legislation affecting chemicals and chemicals in products within the European Union. This includes strategic advice and advocacy with authorities at the EU and national level; support on product approval; notification and authorization, including product recalls, supply chain communications, contracts and certifications, scientific and regulatory compliance reviews; audits and due diligence, as well as product and substance defense and litigation before EU courts and agencies.
We advise on federal and state regulatory, licensing, and rulemaking matters relevant to the wireless, broadband, media, satellite, and public safety industries. Our services include drafting of rulemaking petitions and comments, responding to regulator inquiries, and advocacy with senior regulatory officials and career staff.
We advise on federal, state and international data privacy and cybersecurity regulatory requirements (e.g. GDPR, CPRA, data breach notification and reporting laws) and best practices. Comprehensive client services include strategic and product counseling, regulatory compliance, government investigations, litigation, policy development, and legislative and regulatory advocacy. Our lawyers have been at the forefront of developments in privacy laws at the federal and state level.
We advise on federal safety laws, including the Consumer Product Safety Act (CPSA), applicable to consumer products ranging from electric scooters to baby cribs. This includes compliance with safety requirements of CPSA and implementing regulations, product safety investigations, recalls and other enforcement actions, and enforcement agency interpretations and rulings. We also assist in related product liability and class action litigation and legislative matters.
We advise on federal, state, and local laws related to elections and political activities. This includes campaign finance rules, pay-to-play limitations and rules, candidate qualification, political action committee (PAC) and independent expenditure committee (Super PAC) formation and operations, lobbying qualification and reporting, gift and other ethics laws, and drafting, qualification, and financing of state and local ballot measures. Additionally, this includes legislative redistricting processes and litigation.
We advise on federal and state electric power direct and indirect investment and mergers and acquisitions, market entry, and energy-related corporate and securities authorizations and compliance. This includes representation of clients in formal agency proceedings, as well as in government and industry SRO enforcement proceedings.
We advise on federal, state, and local environmental requirements and liabilities. This includes the development of new rules and statutes, challenges to new rules, counseling, defending against enforcement, personal injury, toxic tort, and contamination claims, cleanup disputes, land use entitlements, and CEQA compliance.
We advise on impact of proposed federal and state tax law and regulatory changes and assist in their revision when necessary. Services include drafting of legislative and rulemaking proposals and amendments, along with related legislative and regulatory advocacy and other support.
We advise on state and local legal issues related to obtaining land use entitlements and compliance with the California Environmental Quality Act (CEQA). This includes obtaining permits for new development projects, performing due diligence related to the acquisition and financing of real property, and drafting of state and local ordinances related to housing and CEQA.
We advise clients on sanctions and exports controls, trade remedies and trade defense instruments such as anti-dumping, countervailing duties and safeguards, customs, trade agreement negotiations and policies, the Committee on Foreign Investment in the United States, and Section 337 ITC proceedings. We also represent clients in international litigation and dispute settlements before the World Trade Organization.
We advise clients on all aspects of state and federal insurance regulation, including licensing, insurance holding company systems regulation, financial and solvency regulation, permissible investments for insurers, uses of technology and innovation, data privacy and cybersecurity, state insurance receivership and insolvency proceedings, insurance agent and broker arrangements, permissible compensation for sales of insurance and permissible value-added services, reinsurance transactions, surplus lines eligibility, captive insurers, offshore insurers, alternative risk transfer products, mergers, redomestications, and acquisitions and changes of control. We also conduct internal investigations, review complaints, and represent clients in regulator investigations.
We advise on all aspects of federal procurement laws and regulations (e.g., Federal Acquisition Regulations and Defense Federal Acquisition Regulation Supplements), ethics rules, and policy. Includes analysis and advocacy involving procurement laws and regulations, negotiation of contracts, including supplier and teaming agreements and grants, development of compliance programs, litigation of contract disputes and bid protests, defense of clients in audits, Inspector General and False Claims investigations, and suspension and debarment proceedings, and support of sales of companies involved in government contracting, particularly with regard to security clearance matters. We also advise and represent companies in state and local procurement matters, including bid protests and disputes.
We advise and assist employers in applying for work authorization and related immigration benefits, on compliance with federal statutes, including employment-based visa sponsorship, employment verification, and anti-discrimination claims. Additionally, we conduct internal audits and represent employers in government investigations including in worksite enforcement actions.
We advise on state and local gambling regulatory laws, as well as federal laws relevant to interstate and foreign gaming activities (e.g., US Wire Act, Unlawful Internet Gambling Enforcement Act (UIGEA)). This includes licensing, ongoing regulatory compliance; also includes legislative and rulemaking activities.
We represent clients with the development and commercialization of products regulated by the US Food and Drug Administration (FDA), including pharmaceutical and biotechnology products, medical devices, foods, cosmetics and dietary supplements. We have particular focus in novel drug and biologic therapies, orphan drugs for rare diseases, and drug-device combination products.
Global Mobility & Migration
We represent clients in state Attorney General and other state and local government investigations concerning individual company or industry-wide practices. This includes legal and political risk analysis and strategy, witness and document production, preparation and management, privilege preservation, media and public relations management.
We represent clients in all aspects of congressional and federal investigations, including legal and political risk analysis, response to document production and other information requests, preservation of client communications and document privileges, and hostile hearing witness preparation.
State AGs and State
& Local Agencies
Congressional and Federal Agencies
We advise and represent financial services companies on federal and state investigations, enforcement, regulatory, and advocacy matters. Issues include, among others, Dodd-Frank Act enhanced prudential standards, capital, master account, and financial stability oversight council designation requirements for regional banks and financial market utilities, Federal Home Loan Bank review, Federal Trade Commission proposal on non-compete clauses, and SEC proposal on private funds. We have additional experience in navigating congressional and other federal investigations.