Public Policy

• Assisting a communications company overcome legislative and regulatory obstacles put in place by other companies.
• Helped a social networking company navigate through a congressional oversight matter involving questions concerning client communications and interface.

• Working to prevent bankruptcy-related legislation that would unfairly impact United States-based investors.
• Assisting clients in meeting objectives with respect to patent reform legislation.

• Assisting a university in securing funding for an innovative renewable energy generation program.

Our legislative lawyers have substantive experience in both the development of legislation and the implementation of laws and regulations.  Issue areas in which we are particularly active include:

• Employee relations
• National security
• International trade
• Securities
• U.S. and international banking
• Nonbank financial institutions
• High technology and communications
• Taxation of corporate activities
• Procurement fraud
• The environment (U.S. statutes and wetlands policy)

Drawing on our deep legislative familiarity and capabilities, we are able to serve clients in every aspect of legislative representation.  Particular services are:

• Advice and representation in connection with U.S. congressional oversight investigations
• Monitoring of legislative proposals and counseling on potential impact
• Strategic advice and planning for aggressive legislative advocacy designed to protect client interests and influence legislation
• Submission of petitions to the U.S. Congress in opposition to pending legislation
• Coalition-building to strengthen client positions in the legislative process
• Preparation of amendment legislation, including line-item appropriations, and securing its inclusion during the legislative process

Our regulatory practice permits us to provide clients with ongoing counsel in a wide range of areas that include:

• Environmental and securities rules and regulations
• Banking, thrift and diversified financial firm regulation
• Hart-Scott-Rodino filings
• Communications regulation
• Health and pension benefits restructuring
• U.S. Occupational Safety and Health Administration (OSHA) standards
• The U.S. Employee Retirement Income Security Act (ERISA)
• The U.S. Americans With Disabilities Act, Family and Medical Leave Act, and wage and hour laws
• Financial institution recapitalization and restructuring
• Benefits qualification under the United States-Canada, United States-Israel and North American Free Trade Agreements.

In addition, U.S. federal laws contain enforcement provisions, backed by substantial penalties, that enable the government to bring administrative proceedings and civil and criminal enforcement actions.  As a result, businesses may find themselves in negotiations with the government in the context of penalty assessments and compliance orders as well as actual litigation.  We represent clients in connection with such governmental enforcement actions in all areas of federal activity.

Congressional investigations and oversight present unique challenges.

The Public Policy Practice Group has handled major investigations initiated in both chambers of Congress, by all major investigative committees, and by special investigative entities.  We have worked closely with many of the chairs and ranking members, as well as their staffs.  These relationships open lines of communication with the committees and enable us to anticipate the members’ next moves.  Our lawyers have deep experience as well defending executive branch investigations that result from congressional inquiries.

These capabilities allow us to effectively handle every aspect of an investigation, including:

• Responding to committee subpoenas
• Negotiating the terms of document production
• Preparing for interviews, depositions and hearings
• Managing the public relations responses
• Anticipating and neutralizing collateral consequences

Our lawyers’ unique blend of experience and capabilities sets Gibson Dunn apart in the small cadre of law firms that work in this area. Congressional investigations often involve public attacks on a company’s reputation.  This can imperil the goodwill on which it has built its business and maintains its competitive advantages.  Congressional investigations also often unfold in a hearing room, in front of television cameras and on the front pages of major newspapers.

The Public Policy group works with you to assess these issues from a strategic perspective.  We strive to develop a positive message, and divert committee attention away from our client, toward other targets.  We apply pressure where possible to dissuade committees from pursuing the investigations.  Creative, effective means that we employ include triggering U.S. General Accounting Office (GAO) investigations, investigations by other committees and pressure from other members of Congress.   Please see our Congressional Investigations Practice for further details.