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

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. Please click here to see a detailed list of our lawyers' experience in government services.

Publications & News

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November 25, 2014

FERC Annual Enforcement Report Underscores the Importance of Effective Compliance Programs

Last week, the Federal Energy Regulatory Commission (FERC) released its annual report on enforcement.

November 24, 2014

US and China Agree to Reduce Tariffs and Expand High-Tech Trade Through the Information Technology Agreement

The United States and China last week announced a breakthrough bilateral understanding regarding negotiations to expand the scope of the Information Technology Agreement.

November 21, 2014

CFPB Calls for Changes to Mortgage Servicing with Proposed Rule

On November 20, 2014, the Consumer Financial Protection Bureau proposed changes to the rules governing mortgage servicing and foreclosures—Regulation X, which implements the Real Estate Settlement Procedures Act, and Regulation Z, the implementing regulation for the Truth in Lending Act.

November 19, 2014

WilmerHale Earns Perfect Score in Corporate Equality Index for Seventh Consecutive Year

For the seventh consecutive year, WilmerHale has earned a 100 percent rating in the annual Corporate Equality Index.

November 17, 2014

Firm Co-Sponsors Equal Justice Works Fellowship

WilmerHale joined with firm client Staples to co-sponsor an Equal Justice Works fellowship, which provides the opportunity for lawyers to positively impact vulnerable communities across the United States.

November 17, 2014

Afterword: Lorain Journal and the Antitrust Legacy of Robert Bork

An article by Leon Greenfield published in the American Bar Association’s Antitrust Law Journal in November 2014. Greenfield served as co-editor for the Bork Symposium.

November 17, 2014

CFPB Releases Long-Awaited Proposal on Prepaid Account Products

On November 13, 2014, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule to extend certain federal consumer protections to the prepaid market.

November 17, 2014

Proposed Prepaid Rule Unlikely To Stem Growth

An article by Franca Harris Gutierrez, Bradford Hardin and Maury Riggan, published by Law360 on November 17, 2014.

November 14, 2014

EU Legislates to Encourage Private Antitrust Damages Claims

On November 10, the EU Council adopted a Directive “on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union” (the Directive).

November 13, 2014

EU Litigation Practice Obtains Successful Cartel Conduct Ruling

WilmerHale’s EU litigation practice earned a successful victory on November 12, 2014, for clients Guardian Industries and Guardian Europe (Guardian) in a court ruling that granted a notable reduction in cartel conduct fines.