Regulatory and Government Affairs

WilmerHale’s Regulatory and Government Affairs Department comprises approximately 150 lawyers and other professionals whose practices focus on advising clients and litigating matters where governmental regulation, public policy and business intersect. The Department’s capabilities are global, extending from the United States to Europe to Asia and beyond.

We have lawyers admitted to practice in 10 countries. Our clients include major multinational corporations and financial institutions, trade associations and government entities across a range of industries, with particular focus on the aviation, defense, communications, education, energy, financial services, high tech and pharmaceutical sectors.

The Department’s professionals have an intimate knowledge of how government works in the countries where we practice. Not surprisingly, more than 100 of our lawyers have served in senior government positions in the United States, in Europe and in multilateral organizations. These include the White House, independent agencies and Departments of the Federal Government, the United States Congress, the European Commission, the German Federal Government and the World Trade Organization. Click here to see a detailed list of all firm professionals with government service.

Clients turn to us to handle complex, visible and critically-important controversy and counseling matters, whether to achieve a particular business objective, such as merger or other regulatory agency approvals or licensing authority; to ensure regulatory compliance and manage governmental investigations, often when the client’s reputation is at stake; to devise and implement policy and political strategies in anticipation of future government activity or to litigate before agencies, the courts and international institutions in the United States, the EU and elsewhere. Recent representative matters include:

  • Advise major pharmaceutical companies and major trade and business associations about Justice Department and HHS enforcement policies in the area of the False Claims Act and FDCA enforcement;
  • Represented a major pharmaceutical company in a House Energy and Commerce Committee investigation related to the passage of the Affordable Care Act;
  • Secured for Lucent approval by the Committee on Foreign Investment in the United States (CFIUS) for its merger with Alcatel;
  • Representing the Industrial and Commercial Bank of China in its application to the Federal Reserve Board and New York State Banking department to open a branch in New York;
  • Secured approval for Statoil’s merger with Norsk Hydro’s petroleum business, a merger that created the world’s largest offshore production group;
  • Obtained for The Hartford Financial Group dismissal of all antitrust claims in the Insurance Brokerage Antitrust Multidistrict Litigation;
  • Obtained a grant of immunity from US antitrust laws from the US Department of Transportation for alliance agreements among nine members of the Star Alliance, including United Airlines and Lufthansa German Airlines;
  • Representing The Boeing Company in the United States’ challenge to EU subsidies to Airbus before the World Trade Organization;
  • Secured for United Airlines from the Department of Transportation authority to introduce non-stop service between Washington, DC and Beijing;
  • Representing Verizon in its suits arising out of the National Security Wiretap program;
  • Represented an international consortium of telecommunications carriers in negotiating a sensitive national security agreement with the FBI and the Departments of Homeland Security, Justice, and Defense, concerning the operation and ownership of a new, undersea cable between the United States and several Asian countries;
  • Advised PhRMA during negotiations and Congressional passage of landmark FDA reform legislation;
  • Negotiated on behalf of Textrona first-in-the-nation settlement simultaneously resolving environmental and government contract claims relating to contamination at an active military base; and
  • Advised Cisco and Google in House International Relations Committee hearings on Chinese internet censorship.

While the Department is organized along the nine listed Practice Groups, our clients benefit from the diverse capabilities, perspectives and nationalities of professionals across Practice Groups and across Departments.

WilmerHale’s Regulatory and Government Affairs Department comprises approximately 150 lawyers and other professionals whose practices focus on advising clients and litigating matters where governmental regulation, public policy and business intersect. The Department’s capabilities are global, extending from the United States to Europe to Asia and beyond.

We have lawyers admitted to practice in 10 countries. Our clients include major multinational corporations and financial institutions, trade associations and government entities across a range of industries, with particular focus on the aviation, defense, communications, education, energy, financial services, high tech and pharmaceutical sectors.

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Moss, Randolph D.

Randolph D. Moss

Chair, Regulatory and Government Affairs Department

+1 202 663 6640 (t)

randolph.moss@wilmerhale.com

Experience

Over 100 of our lawyers have served in senior government positions in the United States, in Europe and in multilateral organizations. These include the White House, independent agencies and Departments of the Federal Government, the United States Congress, the European Commission, the German Federal Government and the World Trade Organization. Please click here to see a detailed list of our lawyers' experience in government services.

Publications & News

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April 22, 2014

SEC To Examine Cybersecurity Preparedness at More Than 50 Registered Broker-dealers and Investment Advisers

On April 15, 2014, the Securities and Exchange Commission's Office of Compliance Inspections and Examinations issued a "Risk Alert" announcing steps being taken to assess cybersecurity preparedness in the securities sector.

April 21, 2014

MOFCOM to Publicize Administrative Penalties for Illegal Implementation of Concentrations

To increase the incentives for compliance in the name of transparency of law enforcement, China’s Ministry of Commerce (“MOFCOM”) has decided to publicize its decisions to penalize companies which fail to notify concentrations that meet the regulatory thresholds for notifications under China’s Anti-Monopoly Law (the “AML”).

April 8, 2014

WilmerHale Shortlisted for Chambers USA Award for Excellence in IP, Securities and Financial Services Regulation

WilmerHale's Intellectual Property and Securities Departments, and its IP Litigation, Securities Litigation and Enforcement, Broker-Dealer and Financial Institutions Groups have received special recognition by Chambers USA as part of this year's Awards for Excellence program.

April 7, 2014

WilmerHale Provides Wide-Ranging Antitrust Insights at ABA Antitrust Spring Meeting

WilmerHale was a significant contributor to the 62nd Spring Meeting of the ABA Section of Antitrust Law, an annual three-day event recognized as the largest antitrust and consumer protection conference in the world, with nearly 2,900 registered participants.

April 7, 2014

High Level Patent Reform

A guest post featured on Patently-O, written by Ken Salazar and Quentin Palfrey, published on April 7, 2014.

April 7, 2014

Department of Justice Obtains First Litigated Extradition for Antitrust Violations

On April 4, 2014, the United States Department of Justice’s Antitrust Division announced the first successful extradition of a foreign national to the United States to stand trial for alleged US criminal antitrust law violations.

April 4, 2014

Reforms to China's Company Registration Law

Both the amended Company Law and the amended Registration Regulations took effect on March 1, 2014. These reforms create a simplified and more capital-efficient registration system with respect to registered capital and regulatory requirements for companies in China.

April 1, 2014

Important Changes to the UK’s Competition Regime

Changes to UK Competition Law: As from today, the prosecution no longer needs to prove dishonesty to convict an individual of the criminal cartel offence in the UK. The change is intended to make it easier to prosecute individuals for cartel behaviour; to date, the authorities have had little success in securing convictions. Today also marks the coming into being of the UK Competition and Markets Authority (CMA). The CMA replaces the Competition Commission and the Office of Fair Trading. While there are some procedural changes, the UK’s civil enforcement of competition law will not change substantially.

April 1, 2014

Sanctions and Trade Update: Russia and Ukraine

In response to recent events in Ukraine, the United States, the European Union, Canada, Switzerland, and other nations have adopted a series of targeted asset freezes and travel bans, which vary in scope, as well as broader trade restrictions against Russia.

March 31, 2014

Former FBI Chief of Staff Aaron Zebley to Join WilmerHale

WilmerHale is pleased to announce that Aaron Zebley is joining the firm today as a partner. Zebley, who has been both an FBI Special Agent and an Assistant United States Attorney, served as Chief of Staff to Robert S. Mueller III, the former Director of the Federal Bureau of Investigation (FBI).