Capabilities

Legislative and Public Policy

Arnold & Porter Kaye Scholer's Legislative and Public Policy practice operates at the intersection of public policy and law, providing strategic advice and counsel and direct legislative and executive branch governmental affairs services on a host of issues critical to our clients' successes. Our attorneys and senior legislative advisors have served in key positions in the government and maintain strong ties with key policymakers. They bring a sophisticated understanding of the pivotal relationship between government and business to the clients they serve. The hallmark of our Legislative and Public Policy practice is our focus on clients with complex legal and public policy challenges.

The Legislative and Public Policy group has experienced significant growth and success over the past few years, evidenced by its inclusion in the Legal Times' "Influence 50" report since 2007. The group currently serves as government affairs professionals for major US and international corporations. Our clients typically face a myriad of concerns in multiple venues including adverse legislative or regulatory activity and intense media scrutiny. Our seasoned legislative and public policy team achieves results because we offer clients:

  • Experience. We have represented clients on high-profile and often precedent-setting policy matters since the founding of the firm in 1946.
  • Judgment. The complex "hot button" issues we tackle require deft political handling and sensitivity to the impact that policy battles have in other areas, such as litigation risk management, business reputation, the media, and the marketplace.
  • Seasoned Team. The Legislative and Public Policy team has extensive experience working with Capitol Hill and the administration. The group includes a former member of Congress, as well as Capitol Hill and administration staff. In addition, the team draws upon the substantive experience of lawyers throughout the firm.
  • Experience in Government Affairs Compliance and Oversight Investigations. We counsel clients on the rules regarding campaign activity, lobbying law, and political contributions, so clients can fully and lawfully engage in the political process. We also represent them in investigations before congressional oversight committees.

At the Forefront of the Major Public Policy Debates of Our Time

The firm has been involved in many of the major public policy debates in Congress, including:

  • Energy and climate change legislation;
  • The financial bailout legislation;
  • The economic stimulus legislation;
  • Product liability and class action reform proposals;
  • Homeland security legislation and related issues;
  • Money laundering legislation;
  • Medicare/Medicaid reform;
  • Food and drug regulation reform;
  • Prescription drug coverage;
  • Pension reform proposals;
  • US policy on the export of encryption technology;
  • Systemic risk legislation;
  • Securities reform legislation;
  • National transportation policy; and
  • National education policy.

We also have represented numerous clients before congressional oversight committees, investigating:

  • Waste, fraud, and abuse in government contracting;
  • Federal government bailout of financial institutions;
  • Accounting and financial reporting scandals;
  • Prescription drug pricing and promotion; and
  • Securities fraud allegations.

In an environment in which clients face multiple challenges on various fronts, it is critical to be serviced by an experienced team equipped to handle all of the issues in an integrated and sophisticated fashion. The firm's Legislative and Public Policy team is committed to an innovative, proactive, and multidisciplinary approach to solving whatever problems, in whatever forum, a client faces.

Examples of our Legislative and Public Policy Matters:

  • Energy Future Holdings, the major electric utility in Texas, on issues relating to federal energy and climate change legislation.
  • UPS, a major international parcel carrier, in securing amendments to congressional legislation that would have imposed burdensome regulations on the client.
  • Finmeccanica, Italy's largest defense contractor, in negotiating US government requirements in connection with the client's acquisition of DRS Technologies, a major US defense contractor.
  • Reckitt Benckiser, a large international consumer products corporation, in securing legislative provisions to oppose federal regulations restricting the use of a major product of the corporation.
  • ArvinMeritor, a major international vehicle parts manufacturer, in securing federal legislation and funding to advance research and development of advanced hybrid engine technology for heavy duty trucks.
  • BP, a major oil and gas production company, on major oil and gas energy, climate change, and tax legislation.
  • Scientific Protein Laboratories, a major manufacturer of heparin active pharmaceutical ingredient, in a broad range of government investigations relating to the global heparin contamination crisis.
  • Major manufacturer in two congressional investigations relating to its atypical anti-psychotic drug product.
  • Major pharmaceutical company in responding to a highly complex and adversarial congressional and US Food and Drug Administration investigation relating to a marketed antibiotic product.
  • Several student lending organizations before the US Congress and federal agencies to oppose provisions in the budget reconciliation legislation and Reauthorization of the Higher Education Act that would have major impact on the student lending industry.
  • The Association of Unmanned Vehicle International, the largest unmanned vehicle trade association, to achieve more rapid deployment of unmanned systems in the national air space.
  • A state's department of transportation in working with members of Congress to prioritize appropriations funding.
  • Represented pro bono a group of US military officers to maintain their right to leave the military upon expiration of their original military service obligation. Our successful representation required the Army to respect the long-established rights of officers in today's volunteer army.
  • Assisted General Dynamics in obtaining federal appropriations funding for the corporation for research, development, and procurement of equipment for the military.

Perspectives

Trump's Enviro Law Impact May Not Be What Many Anticipate
Law360
The Internet of Things: How Will Policymakers Strike the Balance Between the Freedom to Innovate and the Need to Regulate in 2017?
Arnold & Porter Kaye Scholer LLP
Restraining the Current Regulatory State Through the Congressional Review Act
Advisory. Published in two parts on Bloomberg Government. Republished on Columbia Law School's Blue Sky Blog.
21st Century Cures Act: What Life Sciences Companies Need To Know
Arnold & Porter LLP
Presidential Powers: Avenues Available to President Trump to Change Law and Policy
Arnold & Porter Advisory
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Recognition

Chambers USA
Government Relations (2006-2016)
Chambers UK
Ranked six Arnold & Porter attorneys as leaders in their field in the areas of Administrative & Public Law, Intellectual Property, Life Sciences, and Product Liability (2005)
The National Law Journal
"Best of Legal Times – Reader's Rankings" for Law Firm Government Affairs / Lobbying Group (2013)
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