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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May 13, 2013

GSA-Joint Cybersecurity Working Group Issues Request for Information on Cybersecurity Standards in Government Contracts

Today, in response to a directive in President Obama’s February Executive Order on Critical Infrastructure Cybersecurity, the Joint Working Group on Improving Cybersecurity and Resilience through Acquisition (“Joint Working Group”), headed by the General Services Administration, published a Request for Information (“RFI”) to be used in its report to the President making recommendations on the possibility of incorporating cybersecurity standards into federal acquisition planning and contract administration, and, to the extent applicable, the foundation for establishing or identifying government-wide cybersecurity contracts.

May 3, 2013

Partners Waxman, Gorelick Among WilmerHale Attorneys to Receive Prestigious DC Rankings in Super Lawyers

The annual edition of the Washington DC Super Lawyers magazine, published by The Washington Post Magazine, listed 34 WilmerHale attorneys in this year’s rankings.

April 29, 2013

Elizabeth Canizares and Julianne Harper Named 2013 Pickering Fellows

Counsel Elizabeth Canizares and Senior Associate Julianne Harper have been named WilmerHale’s 2013 Pickering fellows.

April 26, 2013

China Clears Glencore's Acquisition of Xstrata Subject to Remedies

April 24, 2013

FinCEN Updates: Treasury Identifies Kassem Rmeiti & Co. For Exchange and Halawi Exchange Co. as Financial Institutions of “Primary Money Laundering Concern”

In an unprecedented use of its USA PATRIOT Act Section 311 authority, Treasury's Financial Crimes Enforcement Network (FinCEN) yesterday issued orders effective immediately, accompanied by formal findings, identifying two Lebanon-based exchange houses as “primary money laundering concerns.”

April 22, 2013

Bloomberg BNA's Privacy and Security Law Report Publishes Article by WilmerHale Attorneys

"Implementation of the Cybersecurity Executive Order and Presidential Policy Directive: Timetable and Processes," an article by Partner Jonathan Cedarbaum and Associate Leah Schloss, was published in the April 22, 2013 edition of Bloomberg BNA's Privacy and Security Law Report.

April 17, 2013

Business Law Today Publishes "Preparing for CFPB Examinations" by Eric Mogilnicki

An article by Partner Eric Mogilnicki, published in the March 2013 edition of Business Law Today.

April 11, 2013

WilmerHale Partner William Kolasky Receives Lifetime Achievement Award

Partner Bill Kolasky was honored with the Global Competition Review’s (GCR) 2013 Lifetime Achievement Award during the GCR’s third annual awards ceremony on Tuesday, April 9, in Washington DC.

April 10, 2013

Four WilmerHale Partners to Speak at 2013 ABA Section of Antitrust Law Spring Meeting

Four WilmerHale partners have been invited to speak on panels during the 61st ABA Section of Antitrust Law Spring Meeting, which will be held April 10-12 at the JW Marriott Hotel in Washington DC.

April 5, 2013

WilmerHale Collectively Launches Cologne Compendium on Air Law in Europe

2012 Highlights

The firm’s regulatory and policy expertise was at the core of many of the year’s most significant matters. We continued our work for BP in the aftermath of the Deepwater Horizon accident, while addressing congressional and other inquiries for HSBC and a number of the largest domestic financial institutions. We handled significant antitrust litigation; helped clients in the United States and Europe respond to civil and criminal antitrust probes in the automotive, shipping, financial, rail and natural gas industries, among others; and assisted with merger clearance filings for major acquisitions. Clients like AT&T and Verizon turned to us for spectrum auction, network transition and net neutrality work. We represented a growing number of clients in matters before the new Consumer Financial Protection Bureau and the Committee on Foreign Investment in the United States. We helped cleantech companies navigate the regulatory approval process for alternative energy projects; handled government contract matters across a range of industries and government agencies; and assisted many clients with compliance and enforcement issues related to US economic sanctions, export controls and trade policy. Below is a selection of our 2012 highlights:

  • We represented International Paper, the world’s largest pulp and paper manufacturer, in its $4.3 billion acquisition of Texas-based Temple Inland, the third-largest producer of corrugated packaging in the United States. The transaction was approved after a consent decree in February 2012, marking the end of nearly four months of discussion between the two companies.
  • We continued our representation of Broadcom in both Europe and the United States on challenging issues related to standards-essential patents.
  • Our antitrust team achieved a victory for The Walt Disney Company when the Ninth Circuit affirmed the dismissal of the complaint in Brantley v. NBC Universal Inc., an antitrust class action challenging the bundling of cable channels by cable programmers and distributors, and seeking an order requiring them to make channels available to consumers on an à la carte basis.
  • Clients across the United States and Europe relied on our representation in criminal cartel investigations and follow-on civil suits in industries like LIBOR, car parts, bearings, natural gas, shipping and rail.
  • Our communications lawyers represented AT&T in connection with high-profile FCC proceedings relating to the upcoming auction of UHF spectrum to mobile wireless providers, and the industry-wide transition from conventional telephone networks to next-generation networks based on the Internet Protocol.
  • We represented Verizon in its pending DC Circuit appeal of the FCC’s net neutrality rules.
  • We successfully prosecuted and defended numerous challenges to government contract awards in protests filed at the Government Accountability Office, including protests involving contracts with a total value of more than $500 million on behalf of our clients General Dynamics and SAIC.
  • We advised financial institutions and clean energy companies on House Committee on Oversight and Government Reform investigations concerning section 1705 loan guarantees issued by the US Department of Energy for renewable energy projects, as well as US Treasury Department investigations into grants issued for such projects under the section 1603 program.
  • Well prepared for the new challenges posed by the Consumer Financial Protection Bureau, we represented a growing number of financial institutions as they responded to CFPB investigations, prepared for examinations, resolved enforcement actions and proactively addressed compliance issues.
  • We assisted a leading IT networking company on a broad range of US export control and related issues with respect to its establishment of a joint venture in China, and advised a major global cruise line and vacation travel provider on US and EU sanction matters.
  • The Vermont Public Service Department turned to us for representation in a closely watched and hotly contested state administrative proceeding regarding whether to relicense the Vermont Yankee nuclear power facility for a term of 20 years.