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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July 29, 2014

Online Consumer Privacy: Airlines Under Scrutiny

An article written by Heather Zachary and Allison Trzop, published in The Air & Space Lawyer, Volume 27, Number 1, 2014 by the American Bar Association.

July 25, 2014

The Consumer Financial Protection Bureau as a Privacy & Data Security Regulator

An article by Jonathan Cedarbaum and Elijah Alper, published in the May/June 2014 edition of the Fintech Law Report.

July 18, 2014

US Targets Major Russian Financial and Energy Firms in Sector-Specific Sanctions

This week, the United States announced new sanctions against Russia in response to what the Obama Administration describes as Russia’s continued attempts to destabilize Ukraine.

July 10, 2014

EU Commission Unveils Plans Regarding Enforcement of IP Rights

On July 1, 2014, the European Commission adopted two Communications calling for better protection and enforcement of intellectual property rights. This is the first major initiative in the Commission’s international IP rights agenda, following the European Parliament’s rejection of the Anti-Counterfeiting Trade Agreement (“ACTA”) in July 2012.

July 2, 2014

DC Circuit Issues Major Ruling Affirming Broad Applicability of Attorney-Client Privilege to Corporate Internal Investigations

On June 27, 2014, the US Court of Appeals for the DC Circuit issued a major decision clarifying the scope of the attorney-client privilege as applied to corporate internal investigations.

July 2, 2014

US Supreme Court Agrees To Address Two Important False Claims Act Issues

Yesterday, the Supreme Court granted certiorari in Kellogg Brown & Root v. United States ex rel. Carter, No. 12-1497, a case presenting two important issues under the False Claims Act (FCA).

July 2, 2014

The American Lawyer A-List Ranks WilmerHale Among the Top Five Law Firms in the Nation

WilmerHale has again been honored among the nation's stand-out law firms, earning its place among the top five firms in the 2014 edition of The American Lawyer's A-List.

June 26, 2014

WilmerHale Named a “Top Workplace” From Coast to Coast

The firm's Palo Alto and Washington DC offices have been named "Top Workplaces" by Bay Area News and The Washington Post, based on results generated from employee surveys.

June 23, 2014

Sarah Pfuhl Named a “Rising Star” by New York Law Journal

Partner Sarah Pfuhl is one of 42 attorneys named a 2014 New York Law Journal “Rising Star.” This annual competition honors the top legal talent under 40 years old.

June 19, 2014

UK Businessman Pleads Guilty to UK Criminal Cartel Offence

Peter Snee, former managing director of Franklin Hodge Industries, has pleaded guilty to a single count of the UK’s criminal cartel offence for his role in fixing prices for the supply of water storage tanks.