Public Policy

LEADERS

Overview

Gibson, Dunn & Crutcher’s Public Policy Practice Group promotes and protects client interests before the U.S. Congress as well as federal, state, local and international government entities.

The Public Policy group’s clients receive timely, in-depth information on potential government actions that may affect their business.  Where necessary, we arrange for, and then prepare, clients to meet with members of the U.S. Congress and their staffs as well as executive branch officials.  Other services include providing:

  • Advocacy before legislative and executive branches of government
  • Assistance with general legislative, committee and floor strategy
  • Analysis and drafting of legislation, including legislative amendments
  • Establishment and running of coalitions to amplify advocacy efforts
  • Preparation prior to congressional committee testimony
  • Representation in congressional, U.S. Inspector General and Government Accountability Office (GAO) investigations
  • Assistance in securing appropriations and other government benefits
  • Assistance with products and capabilities marketing to federal government agencies
  • Ongoing regulatory counsel

Client work crosses industries and interest areas that include:

  • Financial institutions
  • Technology and communications
  • Managed funds
  • Defense
  • Housing
  • Taxation
  • U.S. state and local matters

Unlike a pure lobbying firm, Gibson Dunn’s work is grounded in traditional analytic and advocacy skills, combined with broad experience in U.S. and international government operations.  We have the credibility, access and reputation to be heard, and take pride in our ability to craft legal arguments and advocate for our clients.  We do this in a carefully targeted manner designed to achieve the desired result without fanfare or unwanted publicity.

Gibson Dunn’s Public Policy practice offers a bipartisan team of lawyers who have served in a wide range of high-ranking government positions.  The group’s practitioners include former congressional committee staff and senior officials with U.S. federal agencies, the judiciary and the White House Office of Management and Budget.

The Public Policy group’s goal is to maximize the potential benefit – or minimize the potential adverse impact – of governmental action on your business interests.  We work to develop broad policy strategies using analytical tools, our experience in building and managing coalitions, expert, firsthand knowledge of relevant processes and personal relationships with key members and staff of governmental entities.  The practice group offers a “policy plus” approach that blends traditional lawyering and business skills with the capabilities of a top-flight lobbying firm.

EXPERIENCE & RECENT REPRESENTATIONS

  • Helped create and run the Coalition for Derivatives End-Users, with approximately 300 active company and trade association members.  The Coalition works on both legislative and regulatory fronts to help protect interests of end-user companies in the debate over appropriate regulation of derivatives.
  • Assisted individual companies with derivatives-related issues.
  • Assisted two industrial banks with Dodd-Frank-related and other issues, including possible unintended impacts of the Volcker Rule.
  • Assisted an insurance company regarding possible designation as a systemically significant institution.
  • Helped and helping multiple financial institutions work to shape various aspects of final regulatory reform legislation that moved and is still moving through Congress.
  • Helped multiple financial services firms participate in federal rescue programs at the Federal Deposit Insurance Corporation (FDIC), the U.S. Department of the Treasury and the Federal Reserve.
  • Assisting managed funds in assessing political and regulatory risk relevant to investment decisions and in seeking or preventing legislation that could impact investments.
  • 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.

RECENT PUBLICATIONS

Mylan Denerstein Named Among City & State New York 2024 Trailblazers in Law

-March 18, 2024

Webcast: 2024 Forecast – Public Policy, Congressional Investigations, and Administrative Actions

-March 13, 2024

What a Government Shutdown Means for You

-February 27, 2024

Mylan Denerstein Named Among amNY Metro and PoliticsNY 2024 Black Power Players

-February 1, 2024

Gibson Dunn Receives 2023 Robert F. Mullen Pro Bono Award

-December 8, 2023

Michael Bopp and Roscoe Jones Jr. Named Top Lobbyists 2023

-December 6, 2023

Roscoe Jones, Jr. Elected as Chair of American Constitution Society Board of Directors

-December 1, 2023

Mylan Denerstein Named to City & State New York’s 2023 The Power of Diversity: Women 100

-November 13, 2023

Gibson Dunn Named 2023 Crisis Management and Government Oversight Winner

-October 27, 2023

Proposed Outbound Investment Regimes Trigger Widespread Commentary Across Many Industries

-October 20, 2023

Webcast: CFIUS Updates and Outbound Investment Preview (US)

-October 18, 2023

Webcast: CFIUS Updates and U.S. Outbound Investment Regime Preview

-October 17, 2023

Mylan Denerstein Receives 2023 Diversity Initiative Award

-October 5, 2023

The Power to Investigate – Table of Authorities of House & Senate 118th Congress

-September 14, 2023

The Rise of State Laws Restricting Foreign Entities from Acquiring Property: Another Front in U.S.-China Tensions and the Constitutional Challenge of Florida SB 264 in Shen v. Simpson

-September 12, 2023

Senate Judiciary Committee Seeks Guidance on Effective AI Regulation

-August 25, 2023

Lummis-Gillibrand Responsible Financial Innovation Act: An Overview of New Provisions in the Reintroduced Bill

-August 22, 2023

Tech Outbound Investment Is Target of National Security Scrutiny

-August 18, 2023

With Biden Executive Order, a U.S. Outbound Investment Control Regime Takes an Important Step Forward – Focused on China, but Significant Steps Remain Before Implementation

-August 14, 2023

Federal Banking Agencies Issue Basel III Endgame Package of Reforms

-August 3, 2023

Crain’s Names Mylan Denerstein and Saee Muzumdar Among 2023 Notable Women in Law

-June 20, 2023

“Oversight of AI: Rules for Artificial Intelligence” and “Artificial Intelligence in Government” Hearings

-June 6, 2023

Federal Infrastructure Permitting Reform Update – Senate Environment and Public Works Committee: “We Need to Finish the Job” on Infrastructure

-May 19, 2023

Federal Policymakers’ Recent Actions Seek to Regulate AI

-May 19, 2023

Child and Forced Labor Risks Global Task Force

-May 17, 2023

CHIPS Act Update: New Guidance on Federal Environmental Permitting of CHIPS Act Projects

-May 16, 2023

Federal Infrastructure Permitting Reform Update: Senate Energy & Natural Resources Committee Members Bullish on Reform

-May 12, 2023

Federal Infrastructure Permitting Reform Update: Senate Environment and Public Works Committee Promotes Bipartisanship

-April 27, 2023

President Biden Issues Executive Order Making Important Changes to How Agencies Weigh the Costs and Benefits of Regulatory Actions

-April 25, 2023

Roscoe Jones, Jr. Elected as Fellow of the American Bar Foundation

-April 19, 2023

CHIPS Act Update: New Guidance on Financial Information Requirements

-April 14, 2023

FTC’s Latest Proposed Rulemaking Would Impose Significant New Requirements and Risks on Sellers Using Negative Option Offers

-April 12, 2023

CHIPS Act Update: U.S. Department of Commerce Provides Guidance for Funding Pre-Applications

-April 12, 2023

Outbound Investment Review Swiftly Takes Shape Amid China Worries

-April 11, 2023

Gas Stoves: Developing Regulatory and Litigation Actions

-March 29, 2023

Mylan Denerstein Named to City & State New York’s 2023 Law Power 100

-March 20, 2023

Gibson Dunn Distressed Banks Resource Center

-March 14, 2023

Distressed Bank Update – A New Paradigm

-March 14, 2023

Roscoe Jones, Jr. Elected to the Council on Foreign Relations

-March 6, 2023

CHIPS Act Update: Applications Wanted

-March 2, 2023

Webcast: Federal Infrastructure Permitting – FAST-41 Reforms and What’s Next on Capitol Hill

-February 21, 2023

Mylan Denerstein Named to City & State New York’s 2023 The Power of Diversity: Black 100

-February 17, 2023

Webcast: Congressional Investigations in the 118th Congress: What to Expect and How to Prepare

-January 18, 2023

New INFORM Consumers Act Imposes Seller Diligence and Disclosure Requirements for Online Marketplaces

-January 5, 2023

Gibson Dunn Adds Public Policy Of Counsel Amanda Neely in Washington, D.C.

-December 14, 2022

Webcast: What’s Next? The Legislative and Policy Landscape in the 118th Congress

-December 14, 2022

What Senator Sinema’s Party Switch Means for the Senate

-December 12, 2022

Michael Bopp and Roscoe Jones, Jr. Named Top Lobbyists 2022

-December 7, 2022

Roscoe Jones, Jr., Karin Portlock and Brendan Stewart Named to The National Black Lawyers Top 100 Black Lawyers 2023

-December 2, 2022

Biden’s National Security Strategy Reinforces Tech Decoupling and Increased Regulatory Focus

-November 18, 2022

Mylan Denerstein Named to City & State New York’s 2022 The Power of Diversity: Women 100

-November 15, 2022

New York Attorney General’s Office Fall Round-Up

-November 15, 2022

Gibson Dunn Adds Public Policy Of Counsel in Washington, D.C.

-November 10, 2022

118th Congress: Outlook for Congressional and Committee Leadership Selections

-November 9, 2022

Gibson Dunn Named Labor & Employment Winner for 2022 D.C. Litigation Department of the Year

-October 21, 2022

Roscoe Jones, Jr. Appointed to Lawyers’ Committee for Civil Rights Under Law Executive Committee

-September 9, 2022

Update: Senate Passes Revised Version of Inflation Reduction Act of 2022; Carried Interest Changes Omitted and Tax on Corporate Stock Buybacks Added

-August 10, 2022

Inflation Reduction Act of 2022 Would Modify the Tax Treatment of Carried Interests, Include a Corporate Minimum Tax, and Expand Clean Energy Tax Incentives

-July 29, 2022

Roscoe Jones, Jr. Elected to The American Law Institute

-July 25, 2022

Mylan Denerstein Named Among New York’s Notable Diverse Leaders in Law 2022

-July 11, 2022

The FTC at Full Strength: What to Expect Next

-May 16, 2022

CFPB Invokes Dormant Dodd-Frank Authority to Regulate Nonbank Financial Companies

-May 5, 2022

The Biden Administration’s Digital Assets Executive Order and Its Implications

-March 10, 2022

Mylan Denerstein and Randy Mastro Named to City & State New York’s 2022 Law Power 100

-March 7, 2022

Mylan Denerstein Named Among New York’s Notable Black Leaders 2022

-February 23, 2022

Roscoe Jones, Jr. Named to The National Black Lawyers Top 100 Black Lawyers

-December 13, 2021

Roscoe Jones, Jr. Receives Lawyers’ Committee for Civil Rights Under Law Award

-December 9, 2021

Infrastructure Bill’s New Reporting Requirements May Have Sweeping Implications for Cryptocurrency Ecosystem

-November 18, 2021

Mylan Denerstein Named to City & State New York’s 2021 The Power of Diversity: Women 100

-November 9, 2021

Gibson Dunn Promotes 27 Lawyers to Partnership

-November 4, 2021

Webcast: Recent Developments at the New York State Department of Financial Services

-October 25, 2021

U.S. House Ways and Means Committee Proposes Substantial Extension and Expansion of Clean Energy Tax Incentives

-October 13, 2021

The U.S. Comptroller of the Currency Nominee and Her Writings: What They Mean for Banks and Fintechs

-September 27, 2021

Bipartisan Group of Senators Strikes Infrastructure Deal, But Challenges For Senate Passage Remain

-June 15, 2021

Second Circuit Dismisses New York DFS Lawsuit Challenging Special Purpose National Bank Charters

-June 7, 2021

New York State Legalizes Online Sports Wagering

-April 13, 2021

Senator Klobuchar Proposes Major Antitrust Bill

-March 22, 2021

Mylan Denerstein and Randy Mastro Named to City & State New York’s 2021 Law Power 100

-March 16, 2021

President Biden Issues Executive Orders on Climate Change Policy

-February 9, 2021

New York State Department of Financial Services Round-Up – February 2021

-February 2, 2021

Webcast: New Congress and New Administration: A Different Legislative and Policy Landscape for Companies

-January 22, 2021

Small Business Administration Publishes Interim Final Rules for First Draw and Second Draw PPP Loans

-January 14, 2021

Financial Policy in the Incoming Biden Administration: What Can We Expect?

-January 8, 2021

Coronavirus Relief Package Passed by Congress Would Revive Paycheck Protection Program and Provide Additional Relief to Eligible Businesses

-December 23, 2020

Webcast: What’s Next? The Legislative and Policy Landscape After the 2020 Election

-December 2, 2020

Gibson Dunn Ranked in the 2021 UK Legal 500

-October 5, 2020

Webcast: Recent Developments at the New York State Department of Financial Services

-July 9, 2020

Best Lawyers in France 2021 Recognizes 17 Gibson Dunn Attorneys

-June 25, 2020

New York State Businesses Must Adhere to Strict Compliance Requirements As They Reopen

-June 18, 2020

Federal Reserve Modifies Main Street Lending Programs to Expand Eligibility and Attractiveness

-June 9, 2020

President Signs Paycheck Protection Program Flexibility Act

-June 8, 2020

New York State Legislature Passes Relief Package for Renters and Property Owners

-June 2, 2020

Mylan Denerstein Named to City & State New York’s 2020 Albany Power 100

-June 1, 2020

Federal Reserve Releases Application Materials and Guidance for the Main Street Lending Programs

-June 1, 2020

President Trump Issues Executive Order on Regulatory Relief to Support Economic Recovery

-May 20, 2020

Small Business Administration Publishes Loan Forgiveness Application

-May 18, 2020

New York Moratorium on Residential and Commercial Evictions Extended Through August 20, 2020

-May 7, 2020

Federal Reserve Issues New Guidance on Primary Market Corporate Credit Facility, Including Use of Subsidiary Issuers

-May 5, 2020

Federal Reserve Announces Revisions To And Expansion Of The Main Street Lending Programs

-May 1, 2020

The Constitutional Consequences of Governmental Responses to COVID-19:  The Right to Travel and the Dormant Commerce Clause

-May 1, 2020

Small Business Administration Publishes Additional Interim Final Rules and New Guidance Related to PPP Loan Eligibility and Accessibility

-April 29, 2020

The Multipronged Approach to Government Oversight and Investigations Related to COVID-19 and the CARES Act

-April 24, 2020

Colorado and Georgia Plan to Relax COVID-19 Restrictions and Allow Some Businesses to Reopen

-April 22, 2020

California’s COVID-19 Executive Orders Create a Layered Patchwork of Rules That Are Sometimes Conflicting and Always Changing

-April 20, 2020

New York Governor v. New York City Mayor: Who Has the Last Word on New York City’s Business Shutdown?

-April 18, 2020

Constitutional Implications of Rent- and Mortgage-Relief Legislation Enacted in Response to the COVID-19 Pandemic

-April 15, 2020

New York Empire State Development Corporation Further Updates Guidance on Businesses Deemed Essential Under Governor Andrew Cuomo’s “New York State on PAUSE” Executive Order

-April 10, 2020

Treasury and Fed Release High-Level Terms of Main Street and Paycheck Protection Lending Facilities

-April 9, 2020