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Who We Are Our People Practices News and Events Insights Offices Join Us Diversity Home > Practices > Government and Regulatory Government & Regulatory We have more than 40 top-level attorneys in Washington, D.C., California and New York (including Sacramento and Albany), whose focus is to protect the vital interests of our clients in administrative and legislative hearings, rulemaking and regulatory proceedings, government contracts and government assistance agreements and lobbying. We help clients develop strategic approaches to every aspect of their interaction with federal, state and local governments, so that our clients can secure and maintain the benefit of government contracts, sources of public funding and regulatory approval for transactions and competitive initiatives. Our government practice attorneys draw upon years of experience gained in elective offices, service on legislative and executive staffs, and in senior appointive positions at every level of government. We use this practical background to maintain ongoing contact with members of Congress and their staffs, officials at the executive branch departments and agencies, as well as with state and local authorities. As a result, we can effectively communicate our clients’ interests and concerns directly to those responsible for policy decisions on the issues most important to them. Unlike narrowly focused boutique lobbying firms, our government and regulatory professionals can collaborate with colleagues throughout Manatt’s national and international practice. This collaboration lets us draw on the firm’s comprehensive resources to develop broad-based solutions to our clients’ complex business challenges. We thus can become an integral part of a client’s team, combining knowledge of government and sound business judgment to craft innovative solutions to the legal, governmental and political issues that impact our clients’ operations. Experience and Credibility We understand how governments work, and what makes them work well for our clients. Virtually all of us have significant government experience in the legislative or executive branch. Among our ranks are professionals who have federal government service as: U.S. ambassadors to the Dominican Republic and Mexico U.S. Congressmen (with service as chair of the House Budget Committee) Senior counsel to senators, representatives, and congressional committees, including legislators holding such key positions as Assistant Leader and Majority Whip Members of the U.S. Foreign Service and Senior U.S. State Department officials (including the Deputy Assistant Secretary of State for Southeast Asian Affairs and the Deputy Director of the Law of the Sea negotiations) Senior attorneys with the U.S. Department Commerce, U.S. Department of the Treasury, U.S. Department of Justice, U.S. Department of the Interior, Environmental Protection Administration, Federal Trade Commission, Equal Employment Opportunity Commission, and many other executive agencies General Counsels to the Central Intelligence Agency and the Immigration and Naturalization Service Senior staff members at the White House and for the heads of Cabinet-level departments. Former Members of State Legislatures A considerable part of our government and regulatory counsel involves state and local governments, and there too our attorneys have a background of extensive service that translates into effective access and impact for our clients. In California and New York, perhaps the nation’s two key states for public policy complexity and innovation, we have extensive executive and legislative experience. California members of our team have occupied such positions as Director of the Governor’s Office of Planning and Research, Deputy Attorney General and Counsel to the Public Utilities Commission. In New York our attorneys have served as Solicitor General and Assistant Counsel to the Governor, and have been elected to the State Assembly (rising there to the position of Minority Leader). We have an equally impressive record at the local government level, with attorneys who have served as city attorney for a number of communities (including as Corporation Counsel of New York City), as Commissioner of a New York City agency and as general counsels of major public authorities. And our local government leadership is not limited to California and New York – for example one of our team members served as an at-large member of the District of Columbia City Council for eighteen years and was Acting Chair of the Council. The depth of knowledge that we bring as veterans in a wide array of critical industries and issues complements our public policy experience. Our attorneys have served as senior executives, general counsel and board members at companies in such industries as energy, entertainment, financial services, healthcare, manufacturing, real estate and construction, and numerous other key sectors. Our record of leadership also encompasses numerous nonprofit organizations, privately owned companies, and trade and professional associations. We are lawyers, government leaders and businesspeople. The credibility and experience of our attorneys create an impressive network of working relationships in these three spheres of activity that combine to the benefit of our clients. We know the environment in which they operate, understand what drives their business decisions, and know how to facilitate those decisions in the public policy arena. Business Focus and Creative Solutions Unlike many law firms, we do more than open doors. We stay involved in the issues that are important to you, helping to shape critical events and decisions that affect your interests. Our professionals find unique and often unprecedented solutions by designing advocacy strategies, directing lobbying of elected and appointed officials and orchestrating coalitions of business, labor, not-for-profit entities, community-based organizations and other “grassroots” groups to support lobbying initiatives. Our goal is to be the link between government and your business. The actions of global, federal, state and local decision makers regularly impact your sourcing and marketing decisions, investment opportunities, sales prospects, business plan, contracts, cost of capital, operating expenses, tax obligations, corporate structure, and compliance activities. We help successful businesses understand this environment and to manage public policy change by anticipating it, creating it and making it work for them. We are creative problem solvers who work in partnership with you to achieve the best possible results. You can rely on Manatt government practice professionals to: Assess key political risk and opportunity factors Engage the interest and support of key U.S. federal, state and local officials in your business objectives Secure international, federal, state or local funding for your projects Protect your business against adverse regulation, legislation or policy actions that could adversely impact your business Advocate legislative, regulatory or policy actions that can improve the terms on which you do business Advise you regarding anticipated regulatory, legislative, and other important emerging developments, and help you assess and respond to the business impact of these changes Facilitate your pursuit of competitive government contract and financial assistance opportunities and guide you through the applicable laws and regulations to ensure your compliance Safeguard your vital interests in key business concerns such as land use, environmental compliance, tax policy and employer/employee relationships Establish and maintain strategic partnerships with key public relations experts, grassroots coalitions, media consultants and community organizations to manage and promote your objectives and your organization effectively. Legislative Advocacy Our attorneys have represented clients on legislation in every major committee of the U.S. House of Representatives and the Senate, and have demonstrated their ability to work with the Republican and Democratic leaderships and members of both bodies. We have first-hand experience as members of Congress, as senior staff advisors to Senators and Congressmen, and as counsel to the House and Senate Energy Committees, Senate Government Affairs Committee and other legislative groups on the Hill. Because we have served on both sides of the aisle and have maintained strong relationships in Congress and with key players in the Administration, our ability to advance your interests in Congress is unsurpassed. We have a solid record of success at securing legislation and federal appropriations on behalf of clients, including millions of dollars in funding on a wide variety of transportation projects as well as water, housing, and other areas of concern to business and regional interests. We have represented a number of public sector entities in dealing with Congress and understand the needs and pressures confronting public organizations and elected officials. Whether the need is to address a competitive imbalance (such as our work to strengthen the anti-piracy laws against trade counterfeiters), to secure regulatory relief through legislation, or to advocate new programs for expanding the transportation and housing infrastructure, Manatt professionals have earned respect and attention for client positions from members in both houses and both parties of Congress. Administrative Advocacy Manatt’s public policy advocacy is an integral part of virtually every area of business law in which we practice. Local, state, federal and international regulations and legal requirements are pervasive in every industry, and we have the governmental understanding and clout to defend the competitive interests of our clients. Among our primary areas of regulatory counsel are the following industries and concerns: Advertising Our attorneys, who include former senior legal counsel with the Federal Trade Commission, frequently appear on behalf of clients before the courts, the FTC and other federal agencies and state attorneys general to answer allegations of false advertising, unfair competition, produce disparagement and abusive telemarketing and email practices: Antitrust We have full capabilities to deal with Department of Justice and Federal Trade Commission inquiries and complaints under the Sherman, Clayton and Robinson-Patman antitrust laws, and effectively represent clients in administrative hearings. We also guide mergers, acquisitions, divestitures and joint ventures through the Hart-Scott-Rodino review process at the FTC and DOJ. Banking and financial institutions Financial institution operations are subjected to intense scrutiny by government regulators for their compliance with a wide range of laws and regulations covering everything from lending policies to strength of financial reserves. Manatt attorneys are in frequent contact with financial institution agencies in many states, and constantly interact on compliance and expansion matters with federal regulators at the Comptroller of the Currency, Federal Reserve Board, Federal Deposit Insurance Corporation, Federal Home Loan Bank Board and numerous other agencies. Our lawyers also represent clients before the federal and state examiners, agency staff attorneys and other regulators that enforce consumer credit laws. Business crimes Manatt is nationally known for skillfully advising companies and individuals facing criminal and regulatory scrutiny as targets of investigations conducted by federal or state governments or other regulatory agencies. We also help our clients implement programs and standards to avoid, detect or resolve criminal business conduct by making sure that they meet the requirements of the U.S. Sentencing Guidelines for Organizational Defendants and that reflect the criteria considered by the Department of Justice’s Criminal Division when deciding to bring charges against a corporation. Corporate finance Manatt helps publicly held clients comply with all federal and state securities laws. When companies go public through initial public offerings of securities, we handle all the reporting issues that arise during the IPO registration process with the Securities & Exchange Commission. We also help established public companies with all SEC reporting and disclosure requirements. On the broader issues of corporate governance, we ensure that the compliance programs of our clients conform to Sarbanes-Oxley certification procedures. Employment and labor We are capable of handling legal issues arising under virtually all state and federal labor and employment laws. Manatt attorneys regularly represent employers in administrative hearings and actions before the National Labor Relations Board, U.S. Department of Justice, Equal Employment Opportunity Commission, state labor and employment agencies, U.S. Department of Labor and the Occupational Safety and Health Administration. Some of our attorneys, while serving with the DOJ, NLRB, EEOC and various congressional committees, participated in the drafting of many labor laws and regulations currently in effect. Energy The energy industry operates within a complex web of international, federal and state regulations, and Manatt is skilled at advocacy in every part of it. We handle a variety of matters before the U.S. Department of Energy, and for decades have represented clients in Federal Energy Regulatory Commission pricing, restructuring and deregulation matters. Our attorneys also prepare electric generating facility siting applications, and secure related licenses and permits from state regulators. Environmental Manatt’s environmental lawyers have the practical experience to give sound counsel on the full range of compliance issues involving federal and state environmental laws. Members of our team have worked for the U.S. Environmental Protection Agency and U.S. Department of the Interior, have held senior environmental regulatory positions in California and other state governments, and have headed local planning commissions. We are skillful and effective at representing clients in administrative proceedings before these regulatory authorities, and address environmental issues on behalf of our clients before Congressional committees and state legislatures. Healthcare Manatt attorneys are well qualified to advise healthcare providers on their responsibilities regarding the Stark Law, antikickback statutes, fraud and abuse safe harbors, Office of Inspector General (OIG) investigations and other enforcement investigations and proceedings. We also help on a variety of specialized industry issues, including federal and state licensure and certification requirements for long-term care providers, representing providers before Medicare and Medicaid agencies in reimbursement disputes, and properly constructing provider contracting arrangement as well as mergers and acquisitions to comply with antitrust guidelines. Insurance Manatt insurance attorneys have the contacts and experience to manage state and federal regulatory relationships effectively. We have established excellent working relationships with most state insurance departments, and – combined with our strong public advocacy presence in Washington, DC – can assist insurers with such regulatory issues as holding company matters, merger approval, investment activity, agent licensing, and consumer and regulatory complaints. International trade and advocacy We represent clients in antidumping and countervailing duty proceedings before the International Trade Administration of the U.S. Department of Commerce and the U.S. International Trade Commission and NAFTA panels. Much of our work focuses on client advocacy before the U.S. Customs Service disputes concerning classification and valuation of imported merchandise. We handle similar issues for our clients before such international bodies as the World Trade Organization (“WTO”) and World Customs Organization (“WCO”). Our attorneys also offer a full range of other counseling services related to international issues, from promoting policy and legislative initiatives by foreign governments to helping clients access business expansion and trade incentives offered by agencies like the World Bank and the Overseas Private Investment Corporation. Real estate and land use We have the public policy skills and contacts to help real estate developers secure financing from numerous local, state and federal programs for their commercial and residential developments. Once projects are under way, our attorneys represent private and public landholders and developers before city councils, county boards, state planning commissions and other local, state and federal administrative bodies. We help them obtain permits and other entitlements, including general plan amendments, specific plans, zone changes, environmental compliance documentation, tract maps and development agreements. If projects hit a snag, we vigorously represent our clients in defense of project approvals and in actions challenging adverse administrative actions. Taxation Our tax attorneys advance client interests in a wide range of regulatory and compliance issues. We represent them in tax controversies before the Internal Revenue Service and state taxing authorities, and work behind the scenes to comment on and influence proposed changes in the tax code. Among the many specialized tax issues we handle are certification and renewal of tax-exempt status for non-profit organizations, structure and compliance issues of tax-sensitive investments such as real estate investment trusts, representation of employers on ERISA and similar matters involving qualified retirement and benefit plans, and assistance with international tax compliance issues. Technology We represent emerging technology companies on a wide range of issues involving Internet privacy and the implementing regulations of the Gramm-Leach-Bliley Act. We also advise clients on regulatory developments involving email spam (including the FTC’s enforcement of the CAN-SPAM Act), online obscenity, encryption, online gambling, electronic copyright infringement, Internet taxation, universal high-speed Internet access, and cable open access requirements. Manatt is a member of TechNet, the Silicon Valley-based advocacy group, and a founding member of CapNet, a bipartisan Washington, D.C.-based technology advocacy group. Telecommunications Manatt represents telecommunications clients before the Federal Communications Commission and the congressional oversight committees in the U.S. House and Senate that establish the FCC’s operational framework. Our clients include major domestic and international long-distance and local telephone service carriers and providers of telephone and data services. We currently represent clients with matters pending before the FCC’s Common Carrier Bureau, the Wireless Telecommunications Bureau and the Cable Services Bureau. Transportation We are a leader in the representation of governmental and private sector transportation clients, with particular skill at helping governmental entities develop and finance major transportation infrastructure projects working with the Department of Transportation and Congress. For example, we represent companies in connection with the Northeast Corridor high speed project, including equipment acquisition and finance, long term maintenance arrangements, and claims resolution. Our attorneys have also worked with local transit authorities, such as LA MTA, Boston MBTA and others. We have also represented rail authorities in the United Kingdom and Taiwan. Government Contracts The government contracts lawyers at Manatt are a strategic legal and business resource for individuals and companies that market and provide products and services to international, federal, state and local government units. We also help government purchasers procure goods and services more effectively. Our government contracts lawyers are able to provide “cradle to grave” guidance and representation on government contracts and subcontracts. Our business clients include large corporations, small and emerging companies, trade associations – in a wide array of industries, including, but not limited to, information technology, telecommunications, construction, leasing, weapons systems, and various manufacturing and consulting services in a wide variety of fields. We provide guidance to our clients whether they sell commercial off the shelf (COTS) products and services or custom designed and built products and solutions to the government and every variation in between. Contracting with federal, state and local governments requires knowledge of, and compliance with, the complex statutes and regulations that govern government contracts. Clients who are successful in this highly competitive arena understand that compliance starts early at the bid and proposal stage and must continue through the duration of a contract. Perceived noncompliance can result in disputes that can involve government investigations and/or civil or criminal litigation. The government contracts lawyers at Manatt assist clients at all stages of the contracting process, advising them on: Teaming agreements Bid and proposal preparation Bid protests and defenses Contract negotiations Contract administration Subcontract negotiation and administration Cost and pricing issues Claims preparation Contract disputes and appeals Internal compliance programs and audits Procurement fraud issues General business issues involving commercial contracts, business combinations, taxation, employment law, environmental compliance and similar issues Legislative and executive advocacy Bid Protests Our lawyers have experience advising clients on when to bring, or intervene in, a bid protest. Our attorneys have successfully represented clients in federal bid protest actions at the federal agency level as well as before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims.. At the state level, we are experienced in a variety of venues. In California, for example, our attorneys represented clients in protests before the California State Board of Equalization, the California Department of Health, the California Board of Control, the City and County of Los Angeles, the Los Angeles Airport, the Port of Los Angeles, and the Los Angeles County Metropolitan Transportation Authority. In New York we have represented clients in bid protests before a number of City and State agencies. Contract Administration, Claims and Disputes Once the government contract is awarded, we help clients resolve contract interpretation and performance issues at both the prime contract and subcontract level. We are very familiar with the Contract Disputes Act, and where disputes cannot be resolved, through negotiation, we have successfully represented clients in claims and appeals through contract litigation before various Boards of Contract Appeals, the Court of Federal Claims, and the Court of Appeals for the Federal Circuit. We are equally familiar with state and local contract disputes processes and have successfully brought claims before various state and local boards and courts. Compliance Audits Government contractors must comply with a number of Executive Orders, Statutes and regulations intended to promote Equal Employment, Organized Labor, Small Businesses, Domestic Sources of Supply (where not waived by the Trade Agreements Act), Contractor Ethics and Integrity and eliminate Fraud, Waste and Abuse. We are experienced in setting up and advising on compliance programs, conducting internal audits to ensure compliance with such programs and quickly addressing potential matters of concern. Our clients routinely ask for our assistance with agency Office of Inspector General (OIG). Procurement Fraud “Procurement Fraud” ranges from invoicing the government for work not performed and goods not delivered to making false certifications of compliance with statutes such as the Buy American Act and Trade Agreements Act. Working with Manatt’s business crimes attorneys, our government contract lawyers represent government contractors and individuals in civil and criminal Inspector General and grand jury investigations and litigation arising out of the Truth in Negotiations Act, the False Claims Act, The Anti-Kickback Act, the Procurement Integrity Act, the Buy American Act, the Trade Agreements Act and other statutes intended to ensure the integrity of government, its contractors and their contracts and eliminate fraud, waste and abuse. Mergers and Acquisitions: Due Diligence Our government contracts attorneys understand the unique nature of government contractors and the areas that require particular focus in a stock or asset acquisition or providing capital. We routinely evaluate the government contract assets and advise on the potential value and risks of acquiring such assets. Where government approval is required, such as a novation agreement, our attorneys have worked with clients and obtained such approvals. Rights to Intellectual Property We routinely advise our clients on the implications of developing intellectual property and/or data at government expense under a government contract or funding assistance agreement. Our attorneys have responded to governmental inquiries with respect to its perception of rights acquired under government contracts or funding assistance agreements. Small Business and Small Disadvantaged Business Subcontracting Our government contracts lawyers understand the regulations governing small business and small disadvantaged business preferences. We routinely counsel small and large clients on the various small business contracting programs and steps for compliance. In addition, we counsel large businesses on Small Business Subcontracting Plan compliance. General Services Administration Federal Supply Schedule Contracts Our GSA Schedule Contract clients are distributors, manufacturers and service providers. We have counseled our clients on GSA’s Commercial Sales Practice’s submission requirements, the application of the Price Reduction Clause and represented our clients in simple Contractor Assistance Visits as well as Inspector General Investigations. Other Substantive Areas We have additional experience in such specialized government contracting issues as: Information technology and telecommunications contracting Brooks Act, Architect and Engineering contracting Transportation service and equipment contracting Build to suit leases Electrical utility contracting Privatization Assignment of claims matters Suspensions and debarments State and Local Government Manatt is one of the few law firms with an extensive state and local government law practice in addition to its federal advocacy. Our government and regulatory team includes professionals who have held or currently hold state and local elective or appointive offices in jurisdictions throughout the United States. When combined with our experience at the federal level, that makes us uniquely positioned to address client concerns in the most appropriate governmental forum. Our efforts on your behalf at the state and local level can be legislative or administrative, proactive or remedial, as circumstances warrant. We use our extensive contacts to stay on top of proposed laws and regulations, advising clients of those that could have a direct impact on their business and helping present testimony and other position statements to inform and influence the right centers of authority. We make sure our clients understand how to comply with agency decisions, opinions, rules and regulations, providing the proper focus to balance federal, state and local authority and obligations. Our attorneys also advise on state and local government contracting processes. And our land use and environmental practice is concentrated at the state and local levels. We regularly work for the passage, modification or defeat of legislation throughout the country, including the legislatures of California, Maryland, Missouri, New York, Pennsylvania, South Carolina, Tennessee and Virginia. We are intimately involved in all aspects of the municipal and regional governmental processes in Los Angeles, New York City and the District of Columbia, as well as in Baltimore, Philadelphia and numerous other regional and local governmental bodies. Conflicts of Interest, Gifts and Revolving Door Laws Many state and local jurisdictions have adopted extensive, complex and oftentimes overlapping laws that regulate financial conflicts of interest by government officials. Manatt regularly advises private and public sector clients on these laws and their potential effect on government decisions (such as on government contracts or entitlements). We regularly advise private and public sector clients on state and local laws on the gifts, honoraria and travel that can (or cannot) be provided to, or accepted by, a public official. We advise clients on the annual disclosure of economic interests (such as California's Form 700) that many government officials must file on an annual basis. In addition to providing legal advice in these areas, we also counsel our clients on the potential public perception issues that can develop in these areas. Many governments have also adopted so-called revolving door laws that regulate when and how government employees can become employed by a private sector company that does business with the person's former government employer. We provide advice to our clients about these revolving door restrictions, their effects on hiring practices, and an employer's ability to utilize the expertise of former government employees while remaining in compliance with these laws. Political and Election Law Manatt has an extensive nationwide practice advising the direct participant in the political process. Our attorneys counsel elected officials, candidates, political committees, business entities, trade associations, individual contributors, and similar players on the rules and compliance requirements in the business of politics. Election Law Compliance We advise candidates for office on compliance with the Federal Election Campaign Act and the complex array of other federal laws, state laws, and local ordinances regulating campaign contributions and reporting requirements. Our attorneys have represented presidential candidates, as well as candidates for the U.S. Senate, the U.S. House of Representatives, and various state offices. We also help state and federal political committees, business entities, trade associations, and individuals comply with the various laws regulating contributions and reporting, as well as related activities that involve lobbying, political ethics, conflicts of interest and foreign agent registration. Investigations and Enforcement Our attorneys represent candidates, elected and appointed officials, and individuals who are subject to investigations and enforcement actions by: The Federal Elections Commission State regulatory bodies Criminal agencies, such as district attorneys and city prosecutors Legislative bodies, including the U.S. House of Representatives We also advise public officials about their obligations under applicable ethics laws and help them respond to charges of public corruption. Such controversies often make national headlines. For example, our attorneys played key roles in the impeachment proceedings against President Clinton (advising the Democratic members of the House Judiciary Committee and the U.S. Senate as well as the White House Counsel’s Office) and in the 2004 impeachment of three-term Connecticut Governor John Rowland (serving as Special Counsel to the Select Committee charged by the state’s House of Representatives with determining whether to recommend articles of impeachment). Election Litigation Our litigation and political practices converge when we represent candidates, committees, and others accused of violating election and campaign law. We represent clients in litigation over the legality of contributions, the propriety of reporting, access to documents, ballot access and designation, and reapportionment. We also have represented clients in recounts and election contests. We are often called upon to handle high-profile disputes. For example Manatt undertook an aggressive defense of a number of institutions and individuals in connection with criminal and Congressional investigations alleging improprieties in campaign finance during the 1996 elections. Our attorneys developed a variety of defense strategies that led to favorable outcomes ranging from no charges to resolution and settlement. Initiatives As part of our grassroots political efforts, we advise committees formed to support and oppose ballot initiatives. Our attorneys have drafted many of these proposals, analyze the propriety of initiatives proposed by others, advise committees on contribution and reporting rules, and even help prepare voter information materials in support of our clients’ positions. We have also brought and defended challenges to local and statewide initiatives, handling the arguments at both the trial and appellate court levels. Overview Areas of Focus Attorneys & Advisors Selected Clients Contacts Press Releases Press Coverage Newsletters Events Articles By Us Legislative Updates

Government & Regulatory

We have more than 40 top-level attorneys in Washington, D.C., California and New York (including Sacramento and Albany), whose focus is to protect the vital interests of our clients in administrative and legislative hearings, rulemaking and regulatory proceedings, government contracts and government assistance agreements and lobbying. We help clients develop strategic approaches to every aspect of their interaction with federal, state and local governments, so that our clients can secure and maintain the benefit of government contracts, sources of public funding and regulatory approval for transactions and competitive initiatives.

Our government practice attorneys draw upon years of experience gained in elective offices, service on legislative and executive staffs, and in senior appointive positions at every level of government. We use this practical background to maintain ongoing contact with members of Congress and their staffs, officials at the executive branch departments and agencies, as well as with state and local authorities. As a result, we can effectively communicate our clients’ interests and concerns directly to those responsible for policy decisions on the issues most important to them.

Unlike narrowly focused boutique lobbying firms, our government and regulatory professionals can collaborate with colleagues throughout Manatt’s national and international practice. This collaboration lets us draw on the firm’s comprehensive resources to develop broad-based solutions to our clients’ complex business challenges. We thus can become an integral part of a client’s team, combining knowledge of government and sound business judgment to craft innovative solutions to the legal, governmental and political issues that impact our clients’ operations.

Experience and Credibility
We understand how governments work, and what makes them work well for our clients. Virtually all of us have significant government experience in the legislative or executive branch. Among our ranks are professionals who have federal government service as:

U.S. ambassadors to the Dominican Republic and Mexico
U.S. Congressmen (with service as chair of the House Budget Committee)
Senior counsel to senators, representatives, and congressional committees, including legislators holding such key positions as Assistant Leader and Majority Whip
Members of the U.S. Foreign Service and Senior U.S. State Department officials (including the Deputy Assistant Secretary of State for Southeast Asian Affairs and the Deputy Director of the Law of the Sea negotiations)
Senior attorneys with the U.S. Department Commerce, U.S. Department of the Treasury, U.S. Department of Justice, U.S. Department of the Interior, Environmental Protection Administration, Federal Trade Commission, Equal Employment Opportunity Commission, and many other executive agencies
General Counsels to the Central Intelligence Agency and the Immigration and Naturalization Service
Senior staff members at the White House and for the heads of Cabinet-level departments.
Former Members of State Legislatures

A considerable part of our government and regulatory counsel involves state and local governments, and there too our attorneys have a background of extensive service that translates into effective access and impact for our clients.

In California and New York, perhaps the nation’s two key states for public policy complexity and innovation, we have extensive executive and legislative experience. California members of our team have occupied such positions as Director of the Governor’s Office of Planning and Research, Deputy Attorney General and Counsel to the Public Utilities Commission. In New York our attorneys have served as Solicitor General and Assistant Counsel to the Governor, and have been elected to the State Assembly (rising there to the position of Minority Leader).

We have an equally impressive record at the local government level, with attorneys who have served as city attorney for a number of communities (including as Corporation Counsel of New York City), as Commissioner of a New York City agency and as general counsels of major public authorities. And our local government leadership is not limited to California and New York – for example one of our team members served as an at-large member of the District of Columbia City Council for eighteen years and was Acting Chair of the Council.

The depth of knowledge that we bring as veterans in a wide array of critical industries and issues complements our public policy experience. Our attorneys have served as senior executives, general counsel and board members at companies in such industries as energy, entertainment, financial services, healthcare, manufacturing, real estate and construction, and numerous other key sectors. Our record of leadership also encompasses numerous nonprofit organizations, privately owned companies, and trade and professional associations. We are lawyers, government leaders and businesspeople. The credibility and experience of our attorneys create an impressive network of working relationships in these three spheres of activity that combine to the benefit of our clients. We know the environment in which they operate, understand what drives their business decisions, and know how to facilitate those decisions in the public policy arena.

Business Focus and Creative Solutions
Unlike many law firms, we do more than open doors. We stay involved in the issues that are important to you, helping to shape critical events and decisions that affect your interests. Our professionals find unique and often unprecedented solutions by designing advocacy strategies, directing lobbying of elected and appointed officials and orchestrating coalitions of business, labor, not-for-profit entities, community-based organizations and other “grassroots” groups to support lobbying initiatives.

Our goal is to be the link between government and your business. The actions of global, federal, state and local decision makers regularly impact your sourcing and marketing decisions, investment opportunities, sales prospects, business plan, contracts, cost of capital, operating expenses, tax obligations, corporate structure, and compliance activities. We help successful businesses understand this environment and to manage public policy change by anticipating it, creating it and making it work for them. We are creative problem solvers who work in partnership with you to achieve the best possible results.

You can rely on Manatt government practice professionals to:

Assess key political risk and opportunity factors
Engage the interest and support of key U.S. federal, state and local officials in your business objectives
Secure international, federal, state or local funding for your projects
Protect your business against adverse regulation, legislation or policy actions that could adversely impact your business
Advocate legislative, regulatory or policy actions that can improve the terms on which you do business
Advise you regarding anticipated regulatory, legislative, and other important emerging developments, and help you assess and respond to the business impact of these changes
Facilitate your pursuit of competitive government contract and financial assistance opportunities and guide you through the applicable laws and regulations to ensure your compliance
Safeguard your vital interests in key business concerns such as land use, environmental compliance, tax policy and employer/employee relationships
Establish and maintain strategic partnerships with key public relations experts, grassroots coalitions, media consultants and community organizations to manage and promote your objectives and your organization effectively.

Legislative Advocacy
Our attorneys have represented clients on legislation in every major committee of the U.S. House of Representatives and the Senate, and have demonstrated their ability to work with the Republican and Democratic leaderships and members of both bodies. We have first-hand experience as members of Congress, as senior staff advisors to Senators and Congressmen, and as counsel to the House and Senate Energy Committees, Senate Government Affairs Committee and other legislative groups on the Hill. Because we have served on both sides of the aisle and have maintained strong relationships in Congress and with key players in the Administration, our ability to advance your interests in Congress is unsurpassed.

We have a solid record of success at securing legislation and federal appropriations on behalf of clients, including millions of dollars in funding on a wide variety of transportation projects as well as water, housing, and other areas of concern to business and regional interests. We have represented a number of public sector entities in dealing with Congress and understand the needs and pressures confronting public organizations and elected officials. Whether the need is to address a competitive imbalance (such as our work to strengthen the anti-piracy laws against trade counterfeiters), to secure regulatory relief through legislation, or to advocate new programs for expanding the transportation and housing infrastructure, Manatt professionals have earned respect and attention for client positions from members in both houses and both parties of Congress.

Administrative Advocacy
Manatt’s public policy advocacy is an integral part of virtually every area of business law in which we practice. Local, state, federal and international regulations and legal requirements are pervasive in every industry, and we have the governmental understanding and clout to defend the competitive interests of our clients. Among our primary areas of regulatory counsel are the following industries and concerns:

Advertising
Our attorneys, who include former senior legal counsel with the Federal Trade Commission, frequently appear on behalf of clients before the courts, the FTC and other federal agencies and state attorneys general to answer allegations of false advertising, unfair competition, produce disparagement and abusive telemarketing and email practices:

Antitrust
We have full capabilities to deal with Department of Justice and Federal Trade Commission inquiries and complaints under the Sherman, Clayton and Robinson-Patman antitrust laws, and effectively represent clients in administrative hearings. We also guide mergers, acquisitions, divestitures and joint ventures through the Hart-Scott-Rodino review process at the FTC and DOJ.

Banking and financial institutions
Financial institution operations are subjected to intense scrutiny by government regulators for their compliance with a wide range of laws and regulations covering everything from lending policies to strength of financial reserves. Manatt attorneys are in frequent contact with financial institution agencies in many states, and constantly interact on compliance and expansion matters with federal regulators at the Comptroller of the Currency, Federal Reserve Board, Federal Deposit Insurance Corporation, Federal Home Loan Bank Board and numerous other agencies. Our lawyers also represent clients before the federal and state examiners, agency staff attorneys and other regulators that enforce consumer credit laws.

Business crimes
Manatt is nationally known for skillfully advising companies and individuals facing criminal and regulatory scrutiny as targets of investigations conducted by federal or state governments or other regulatory agencies. We also help our clients implement programs and standards to avoid, detect or resolve criminal business conduct by making sure that they meet the requirements of the U.S. Sentencing Guidelines for Organizational Defendants and that reflect the criteria considered by the Department of Justice’s Criminal Division when deciding to bring charges against a corporation.

Corporate finance
Manatt helps publicly held clients comply with all federal and state securities laws. When companies go public through initial public offerings of securities, we handle all the reporting issues that arise during the IPO registration process with the Securities & Exchange Commission. We also help established public companies with all SEC reporting and disclosure requirements. On the broader issues of corporate governance, we ensure that the compliance programs of our clients conform to Sarbanes-Oxley certification procedures.

Employment and labor
We are capable of handling legal issues arising under virtually all state and federal labor and employment laws. Manatt attorneys regularly represent employers in administrative hearings and actions before the National Labor Relations Board, U.S. Department of Justice, Equal Employment Opportunity Commission, state labor and employment agencies, U.S. Department of Labor and the Occupational Safety and Health Administration. Some of our attorneys, while serving with the DOJ, NLRB, EEOC and various congressional committees, participated in the drafting of many labor laws and regulations currently in effect.

Energy
The energy industry operates within a complex web of international, federal and state regulations, and Manatt is skilled at advocacy in every part of it. We handle a variety of matters before the U.S. Department of Energy, and for decades have represented clients in Federal Energy Regulatory Commission pricing, restructuring and deregulation matters. Our attorneys also prepare electric generating facility siting applications, and secure related licenses and permits from state regulators.

Environmental
Manatt’s environmental lawyers have the practical experience to give sound counsel on the full range of compliance issues involving federal and state environmental laws. Members of our team have worked for the U.S. Environmental Protection Agency and U.S. Department of the Interior, have held senior environmental regulatory positions in California and other state governments, and have headed local planning commissions. We are skillful and effective at representing clients in administrative proceedings before these regulatory authorities, and address environmental issues on behalf of our clients before Congressional committees and state legislatures.

Healthcare
Manatt attorneys are well qualified to advise healthcare providers on their responsibilities regarding the Stark Law, antikickback statutes, fraud and abuse safe harbors, Office of Inspector General (OIG) investigations and other enforcement investigations and proceedings. We also help on a variety of specialized industry issues, including federal and state licensure and certification requirements for long-term care providers, representing providers before Medicare and Medicaid agencies in reimbursement disputes, and properly constructing provider contracting arrangement as well as mergers and acquisitions to comply with antitrust guidelines.

Insurance
Manatt insurance attorneys have the contacts and experience to manage state and federal regulatory relationships effectively. We have established excellent working relationships with most state insurance departments, and – combined with our strong public advocacy presence in Washington, DC – can assist insurers with such regulatory issues as holding company matters, merger approval, investment activity, agent licensing, and consumer and regulatory complaints.

International trade and advocacy
We represent clients in antidumping and countervailing duty proceedings before the International Trade Administration of the U.S. Department of Commerce and the U.S. International Trade Commission and NAFTA panels. Much of our work focuses on client advocacy before the U.S. Customs Service disputes concerning classification and valuation of imported merchandise. We handle similar issues for our clients before such international bodies as the World Trade Organization (“WTO”) and World Customs Organization (“WCO”). Our attorneys also offer a full range of other counseling services related to international issues, from promoting policy and legislative initiatives by foreign governments to helping clients access business expansion and trade incentives offered by agencies like the World Bank and the Overseas Private Investment Corporation.

Real estate and land use
We have the public policy skills and contacts to help real estate developers secure financing from numerous local, state and federal programs for their commercial and residential developments. Once projects are under way, our attorneys represent private and public landholders and developers before city councils, county boards, state planning commissions and other local, state and federal administrative bodies. We help them obtain permits and other entitlements, including general plan amendments, specific plans, zone changes, environmental compliance documentation, tract maps and development agreements. If projects hit a snag, we vigorously represent our clients in defense of project approvals and in actions challenging adverse administrative actions.

Taxation
Our tax attorneys advance client interests in a wide range of regulatory and compliance issues. We represent them in tax controversies before the Internal Revenue Service and state taxing authorities, and work behind the scenes to comment on and influence proposed changes in the tax code. Among the many specialized tax issues we handle are certification and renewal of tax-exempt status for non-profit organizations, structure and compliance issues of tax-sensitive investments such as real estate investment trusts, representation of employers on ERISA and similar matters involving qualified retirement and benefit plans, and assistance with international tax compliance issues.

Technology
We represent emerging technology companies on a wide range of issues involving Internet privacy and the implementing regulations of the Gramm-Leach-Bliley Act. We also advise clients on regulatory developments involving email spam (including the FTC’s enforcement of the CAN-SPAM Act), online obscenity, encryption, online gambling, electronic copyright infringement, Internet taxation, universal high-speed Internet access, and cable open access requirements. Manatt is a member of TechNet, the Silicon Valley-based advocacy group, and a founding member of CapNet, a bipartisan Washington, D.C.-based technology advocacy group.

Telecommunications
Manatt represents telecommunications clients before the Federal Communications Commission and the congressional oversight committees in the U.S. House and Senate that establish the FCC’s operational framework. Our clients include major domestic and international long-distance and local telephone service carriers and providers of telephone and data services. We currently represent clients with matters pending before the FCC’s Common Carrier Bureau, the Wireless Telecommunications Bureau and the Cable Services Bureau.

Transportation
We are a leader in the representation of governmental and private sector transportation clients, with particular skill at helping governmental entities develop and finance major transportation infrastructure projects working with the Department of Transportation and Congress. For example, we represent companies in connection with the Northeast Corridor high speed project, including equipment acquisition and finance, long term maintenance arrangements, and claims resolution. Our attorneys have also worked with local transit authorities, such as LA MTA, Boston MBTA and others. We have also represented rail authorities in the United Kingdom and Taiwan.

Government Contracts
The government contracts lawyers at Manatt are a strategic legal and business resource for individuals and companies that market and provide products and services to international, federal, state and local government units. We also help government purchasers procure goods and services more effectively. Our government contracts lawyers are able to provide “cradle to grave” guidance and representation on government contracts and subcontracts. Our business clients include large corporations, small and emerging companies, trade associations – in a wide array of industries, including, but not limited to, information technology, telecommunications, construction, leasing, weapons systems, and various manufacturing and consulting services in a wide variety of fields. We provide guidance to our clients whether they sell commercial off the shelf (COTS) products and services or custom designed and built products and solutions to the government and every variation in between.

Contracting with federal, state and local governments requires knowledge of, and compliance with, the complex statutes and regulations that govern government contracts. Clients who are successful in this highly competitive arena understand that compliance starts early at the bid and proposal stage and must continue through the duration of a contract. Perceived noncompliance can result in disputes that can involve government investigations and/or civil or criminal litigation. The government contracts lawyers at Manatt assist clients at all stages of the contracting process, advising them on:

Teaming agreements
Bid and proposal preparation
Bid protests and defenses
Contract negotiations
Contract administration
Subcontract negotiation and administration
Cost and pricing issues
Claims preparation
Contract disputes and appeals
Internal compliance programs and audits
Procurement fraud issues
General business issues involving commercial contracts, business combinations, taxation, employment law, environmental compliance and similar issues
Legislative and executive advocacy

Bid Protests
Our lawyers have experience advising clients on when to bring, or intervene in, a bid protest. Our attorneys have successfully represented clients in federal bid protest actions at the federal agency level as well as before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims.. At the state level, we are experienced in a variety of venues. In California, for example, our attorneys represented clients in protests before the California State Board of Equalization, the California Department of Health, the California Board of Control, the City and County of Los Angeles, the Los Angeles Airport, the Port of Los Angeles, and the Los Angeles County Metropolitan Transportation Authority. In New York we have represented clients in bid protests before a number of City and State agencies.

Contract Administration, Claims and Disputes
Once the government contract is awarded, we help clients resolve contract interpretation and performance issues at both the prime contract and subcontract level. We are very familiar with the Contract Disputes Act, and where disputes cannot be resolved, through negotiation, we have successfully represented clients in claims and appeals through contract litigation before various Boards of Contract Appeals, the Court of Federal Claims, and the Court of Appeals for the Federal Circuit. We are equally familiar with state and local contract disputes processes and have successfully brought claims before various state and local boards and courts.

Compliance Audits
Government contractors must comply with a number of Executive Orders, Statutes and regulations intended to promote Equal Employment, Organized Labor, Small Businesses, Domestic Sources of Supply (where not waived by the Trade Agreements Act), Contractor Ethics and Integrity and eliminate Fraud, Waste and Abuse. We are experienced in setting up and advising on compliance programs, conducting internal audits to ensure compliance with such programs and quickly addressing potential matters of concern. Our clients routinely ask for our assistance with agency Office of Inspector General (OIG).

Procurement Fraud
“Procurement Fraud” ranges from invoicing the government for work not performed and goods not delivered to making false certifications of compliance with statutes such as the Buy American Act and Trade Agreements Act. Working with Manatt’s business crimes attorneys, our government contract lawyers represent government contractors and individuals in civil and criminal Inspector General and grand jury investigations and litigation arising out of the Truth in Negotiations Act, the False Claims Act, The Anti-Kickback Act, the Procurement Integrity Act, the Buy American Act, the Trade Agreements Act and other statutes intended to ensure the integrity of government, its contractors and their contracts and eliminate fraud, waste and abuse.

Mergers and Acquisitions: Due Diligence
Our government contracts attorneys understand the unique nature of government contractors and the areas that require particular focus in a stock or asset acquisition or providing capital. We routinely evaluate the government contract assets and advise on the potential value and risks of acquiring such assets. Where government approval is required, such as a novation agreement, our attorneys have worked with clients and obtained such approvals.

Rights to Intellectual Property
We routinely advise our clients on the implications of developing intellectual property and/or data at government expense under a government contract or funding assistance agreement. Our attorneys have responded to governmental inquiries with respect to its perception of rights acquired under government contracts or funding assistance agreements.

Small Business and Small Disadvantaged Business Subcontracting
Our government contracts lawyers understand the regulations governing small business and small disadvantaged business preferences. We routinely counsel small and large clients on the various small business contracting programs and steps for compliance. In addition, we counsel large businesses on Small Business Subcontracting Plan compliance.

General Services Administration Federal Supply Schedule Contracts
Our GSA Schedule Contract clients are distributors, manufacturers and service providers. We have counseled our clients on GSA’s Commercial Sales Practice’s submission requirements, the application of the Price Reduction Clause and represented our clients in simple Contractor Assistance Visits as well as Inspector General Investigations.

Other Substantive Areas
We have additional experience in such specialized government contracting issues as:

Information technology and telecommunications contracting
Brooks Act, Architect and Engineering contracting
Transportation service and equipment contracting
Build to suit leases
Electrical utility contracting
Privatization
Assignment of claims matters
Suspensions and debarments

State and Local Government
Manatt is one of the few law firms with an extensive state and local government law practice in addition to its federal advocacy. Our government and regulatory team includes professionals who have held or currently hold state and local elective or appointive offices in jurisdictions throughout the United States. When combined with our experience at the federal level, that makes us uniquely positioned to address client concerns in the most appropriate governmental forum.

Our efforts on your behalf at the state and local level can be legislative or administrative, proactive or remedial, as circumstances warrant. We use our extensive contacts to stay on top of proposed laws and regulations, advising clients of those that could have a direct impact on their business and helping present testimony and other position statements to inform and influence the right centers of authority. We make sure our clients understand how to comply with agency decisions, opinions, rules and regulations, providing the proper focus to balance federal, state and local authority and obligations. Our attorneys also advise on state and local government contracting processes. And our land use and environmental practice is concentrated at the state and local levels.

We regularly work for the passage, modification or defeat of legislation throughout the country, including the legislatures of California, Maryland, Missouri, New York, Pennsylvania, South Carolina, Tennessee and Virginia. We are intimately involved in all aspects of the municipal and regional governmental processes in Los Angeles, New York City and the District of Columbia, as well as in Baltimore, Philadelphia and numerous other regional and local governmental bodies.

Conflicts of Interest, Gifts and Revolving Door Laws
Many state and local jurisdictions have adopted extensive, complex and oftentimes overlapping laws that regulate financial conflicts of interest by government officials. Manatt regularly advises private and public sector clients on these laws and their potential effect on government decisions (such as on government contracts or entitlements). We regularly advise private and public sector clients on state and local laws on the gifts, honoraria and travel that can (or cannot) be provided to, or accepted by, a public official. We advise clients on the annual disclosure of economic interests (such as California's Form 700) that many government officials must file on an annual basis. In addition to providing legal advice in these areas, we also counsel our clients on the potential public perception issues that can develop in these areas.

Many governments have also adopted so-called revolving door laws that regulate when and how government employees can become employed by a private sector company that does business with the person's former government employer. We provide advice to our clients about these revolving door restrictions, their effects on hiring practices, and an employer's ability to utilize the expertise of former government employees while remaining in compliance with these laws.

Political and Election Law
Manatt has an extensive nationwide practice advising the direct participant in the political process. Our attorneys counsel elected officials, candidates, political committees, business entities, trade associations, individual contributors, and similar players on the rules and compliance requirements in the business of politics.

Election Law Compliance
We advise candidates for office on compliance with the Federal Election Campaign Act and the complex array of other federal laws, state laws, and local ordinances regulating campaign contributions and reporting requirements. Our attorneys have represented presidential candidates, as well as candidates for the U.S. Senate, the U.S. House of Representatives, and various state offices. We also help state and federal political committees, business entities, trade associations, and individuals comply with the various laws regulating contributions and reporting, as well as related activities that involve lobbying, political ethics, conflicts of interest and foreign agent registration.

Investigations and Enforcement
Our attorneys represent candidates, elected and appointed officials, and individuals who are subject to investigations and enforcement actions by:

The Federal Elections Commission
State regulatory bodies
Criminal agencies, such as district attorneys and city prosecutors
Legislative bodies, including the U.S. House of Representatives

We also advise public officials about their obligations under applicable ethics laws and help them respond to charges of public corruption. Such controversies often make national headlines. For example, our attorneys played key roles in the impeachment proceedings against President Clinton (advising the Democratic members of the House Judiciary Committee and the U.S. Senate as well as the White House Counsel’s Office) and in the 2004 impeachment of three-term Connecticut Governor John Rowland (serving as Special Counsel to the Select Committee charged by the state’s House of Representatives with determining whether to recommend articles of impeachment).

Election Litigation
Our litigation and political practices converge when we represent candidates, committees, and others accused of violating election and campaign law. We represent clients in litigation over the legality of contributions, the propriety of reporting, access to documents, ballot access and designation, and reapportionment. We also have represented clients in recounts and election contests.

We are often called upon to handle high-profile disputes. For example Manatt undertook an aggressive defense of a number of institutions and individuals in connection with criminal and Congressional investigations alleging improprieties in campaign finance during the 1996 elections. Our attorneys developed a variety of defense strategies that led to favorable outcomes ranging from no charges to resolution and settlement.

Initiatives
As part of our grassroots political efforts, we advise committees formed to support and oppose ballot initiatives. Our attorneys have drafted many of these proposals, analyze the propriety of initiatives proposed by others, advise committees on contribution and reporting rules, and even help prepare voter information materials in support of our clients’ positions. We have also brought and defended challenges to local and statewide initiatives, handling the arguments at both the trial and appellate court levels.