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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Gorelick, Jamie

Jamie Gorelick

Chair, Regulatory and Government Affairs Department

Chair, Defense, National Security and Government Contracts Practice Group

Co-Chair, Strategic Response Group

+1 202 663 6500 (t)

jamie.gorelick@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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May 28, 2015

EPA and Army Corps Issue Final Rule on "Waters of the United States"

Yesterday, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers released a final rule defining the scope of waters protected under the Clean Water Act, or “waters of the United States.”

May 26, 2015

Supreme Court Strengthens False Claims Act’s Statute of Limitations, Narrows First-to-File Bar

The U.S. Supreme Court today resolved two important questions under the False Claims Act, holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2) the FCA’s first-to-file bar, 31 U.S.C. § 3730(b)(5), ceases to apply once the earlier-filed action that might have created the bar has been dismissed.

May 22, 2015

Federal Trade Commission Signals Intensified Focus on Security-By-Design and the Internet of Things With New Start with Security Initiative for Small and Medium-Sized Businesses

While the FTC's initial focus in the Start with Security initiative has been on providing guidance to small and medium-sized businesses, it also serves to put companies of all sizes on notice that the FTC will be increasingly targeting security practices relating to emerging technologies, apps, connected household devices and the "Internet of Things."

May 19, 2015

WilmerHale Practices, Lawyers Ranked Among Nation’s Best by Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2015 edition, with WilmerHale ranking among the nation's best in 46 practice area categories. Chambers also ranked 86 WilmerHale attorneys as leaders in their respective fields.

May 14, 2015

Salazar Says Draft NEPA GHG Guide Leaves Host Of Unresolved Issues

An article published in InsideEPA discusses "Regulatory Divergence May Be New Norm After GHG Guidance," an article by Ken Salazar, Mark Kalpin and David Gold, previously published in Law360 on March 24, 2015.

May 12, 2015

Former Co-Managing Partner William J. Perlstein to Join BNY Mellon as Senior Deputy General Counsel

WilmerHale Partner William J. Perlstein will be joining BNY Mellon as Senior Deputy General Counsel, effective June 15, 2015.

May 11, 2015

Ken Salazar Named Energy & Environmental Trailblazer By The National Law Journal

The National Law Journal has named WilmerHale Partner Ken Salazar an Energy & Environmental Trailblazer, placing him as one of the top 50 business leaders in the energy and environmental space.

May 6, 2015

In Warning to Bitcoin and Other Virtual Currency Businesses, FinCEN Issues First Enforcement Action for Virtual Currency Activity

The US government took its strongest step yet in its oversight of other virtual currency yesterday, fining prominent "Bitcoin alternative" company Ripple Labs Inc. $700,000 for what the government called a willful violation of the anti-money laundering laws.

May 5, 2015

Minimizing Risk Under the Clean Water Act

An article by Carol Clayton, David Gold, Brent Gurney, Mark Kalpin and Alexander White, published in the Energy Law Journal, Vol. 36, No. 1 (2015).

May 4, 2015

A Primer on FTC Expectations for Your Partner and Vendor Relationship: Enforcement Shows You Are Your Brother’s Keeper

An article by Reed Freeman and Maury Riggan, published in Bloomberg BNA's Privacy and Security Law Report on May 4, 2015.