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, 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, 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

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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February 4, 2016

Energy Sector Alert Series: Risks and Opportunities in Distressed Oil and Gas

Recent volatility in the energy markets has put increasing stress on the capital structures of companies operating in those markets. When commodity prices were higher between 2010 and 2014, many of those companies took on significant amounts of debt to pursue new opportunities.

January 31, 2016

Getting the Deal Through: Cybersecurity 2016

Benjamin A. Powell and Jason C. Chipman were contributing editors for Getting the Deal Through: Cybersecurity 2016 (published in January 2016). Powell and Chipman also co-authored the chapter “Global Overview” (p. 5) with Marik String, and “United States” (pp. 72-77) with Leah Schloss. Reproduced with permission from Law Business Research Ltd. For further information please visit www.gettingthedealthrough.com.

January 28, 2016

Energy Sector Alert Series: A Legislative Outlook

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from environmental disclosures and risk management in business transactions to insolvency, compliance programs and intellectual property.

January 26, 2016

OFAC and BIS Announce Further US Sanctions Authorizations and Export Licensing Policies for Cuba

The US Departments of the Treasury and Commerce are taking further action to implement President Obama's initiatives to normalize US-Cuba relations and to “engage and empower the Cuban people.”

January 26, 2016

WilmerHale 2015 in Review

As the new year gathers momentum, we want to pause and thank you for your support over the past 12 months—a period in which we enjoyed challenging legal work, strong client relationships, and a collegial culture grounded in hard work, teamwork and dedication to community.

January 25, 2016

As Iran Sanctions Wane, SEC Reporting Will Not

An article by Marik String and David Horn, published in the January 25, 2016 issue of Bloomberg BNA's Securities Regulation & Law Report. As global companies assess the implications of Iran sanctions relief announced on January 16, 2016, they should remain mindful that their Iran-related activities will actually increase the complexity of their compliance obligations in several areas, including so called ''Section 219'' Securities and Exchange Commission (SEC) disclosure requirements under the Iran Threat Reduction Act.

January 22, 2016

WilmerHale Named a Leading Antitrust and Competition Practice in the World by Global Competition Review 

Global Competition Review has named WilmerHale one of the world's leading competition law firms in its annual GCR 100 list, a compilation of the world's leading competition practices. 

January 21, 2016

AML Litigation and Individual Liability: FinCEN's Landmark Haider Case Moves Forward 

A federal district court in Minnesota recently held that the Bank Secrecy Act (BSA) permits the Financial Crimes Enforcement Network (FinCEN) to bring suit against individuals for willfully violating the BSA's AML program requirement. 

January 21, 2016

FinCEN Sets Its Sights on Luxury Real Estate  

On January 13, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) issued Geographic Targeting Orders that will temporarily require title insurance companies to report the identities of the natural persons behind companies paying cash for high-end residential real estate in Manhattan and Miami-Dade County. 

January 19, 2016

Iran Nuclear Sanctions Relief Implemented: New Opportunities Await Non-US Companies, but Comprehensive US Transaction and Export Restrictions Remain in Effect 

On January 16, 2016, the United States, its negotiating partners and Iran announced the arrival of Implementation Day for the Joint Comprehensive Plan of Action, to which the parties agreed on July 14, 2015 with respect to the Iranian nuclear program.