Regulatory and enforcement actions by the EPA, FTC, OSHA, SEC, FCC, FDIC and many other federal and state agencies can result in the imposition of substantial costs and penalties, disrupt business operations, foreclose opportunities and can even threaten an entire industry. Dechert lawyers have exceptional experience representing clients challenging or defending government regulations or seeking appropriate regulatory action.
We have represented clients in countless controversial federal and state agency rulemakings and enforcement actions, often successfully persuading the agency of our client’s position. Our lawyers regularly represent clients in formal and informal enforcement actions before administrative law judges, commissions and in federal and state court.
Dechert lawyers also handle judicial review of agency actions for our clients and always establish the best possible record of agency actions and rule determinations to assure the strongest case going forward should litigation become necessary.
Our regulatory team provides comprehensive counsel to clients in a wide range of regulatory matters, with a specific focus on issues related to healthcare and health law regulations, environmental regulations and rules and regulations impacting financial institutions. Our strategic advice enables clients to maintain compliance with current regulatory requirements and plan for changes in laws, regulations and directives in the U.S., Europe and Asia.
We regularly counsel clients on compliance, due diligence and risk management, including avoiding the expensive penalties associated with regulatory violations. Our Regulatory team advises clients on a broad array of regulatory matters, helping them implement compliance programs relating to privacy, security and regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), the “Stark Law,” the Emergency Medical Treatment and Active Labor Act (EMTALA) and other statutes. Clients benefit from our proactive advice on fraud and abuse issues, certificates of need and licensure, survey and certification and other matters.
We have developed policies, procedures and training programs for clients and regularly advise our healthcare clients on the legal implications of compliance, auditing and remediation, monitoring, incident response and access controls.
Dechert lawyers regularly represent clients in government investigations, audits and inquiries involving the Medicare anti-kickback statute, the Stark laws and the False Claims Act. We have also negotiated a significant number of corporate integrity agreements with the government and have assisted clients in implementing, monitoring, and enforcing these programs. Because many Dechert lawyers have served as federal prosecutors, we are well prepared to advise on and represent clients in civil, criminal and administrative government disputes and investigations.
We counsel clients on the full range of regulations impacting their businesses, industries and transactions. Our lawyers guide clients through regulatory and management audits, the permitting process and UK planning permission as well as assist clients with developing, implementing and monitoring audit programs to assure ongoing compliance with environmental laws, regulations and directives. We advise clients on best practices to prepare for and follow up on environmental inspections by regulatory authorities and, when facing penalties, our clients can rely on our skillful negotiation of consent agreements and penalty assessments. We also represent clients in the full range of audits, investigations and litigation involving environmental regulations and compliance.
Financial Institutions Rules and Regulations
Dechert lawyers regularly handle matters that raise novel and complex regulatory issues, whether connected to a transaction, enforcement action, litigation or internal investigation. As former government officials, they drafted a wide variety of government rules, including those that deal with changes in bank control and the formation of bank and savings and loan holding companies.
This experience has recently been called upon by the American Bankers Association (ABA), which engaged us to advise with regard to the 2,500-page Dodd-Frank Act, and the Securities Industry and Financial Markets Association (SIFMA) with regard to clarification of FDIC receivership rules under Dodd-Frank, which could have had an adverse impact on securitization markets.
We routinely appear before the FDIC, the Federal Reserve Board, the Office of the Comptroller of the Currency, the Federal Housing Finance Agency, the Office of Thrift Supervision (formerly the Federal Home Loan Bank Board), the National Credit Union Administration, the SEC, the Commodities Futures Trading Commission, the Financial Industry Regulatory Authority, the Internal Revenue Service, the Department of Justice and various self-regulatory organizations (SROs). We are also actively advising clients on Financial Stability Oversight Council (FSOC) and Consumer Financial Protection Bureau issues resulting from enactment of the Dodd-Frank Act.
International Trade and Government Regulation
Dechert’s international trade and government regulation group advises on a wide range of matters. We routinely advise clients across industries and jurisdictions on issues including export controls, economic sanctions, trade embargoes, anti-corruption, customs procedures, trade defense measures and national security reviews of foreign direct investment. We also advise regarding trade and investment barriers, EU internal market law and trade policy and public affairs matters arising before the EU, national governments and multinational entities.
In addition to experienced practitioners, our uniquely qualified global team includes former national and multinational officials, comprising regulators, compliance officers and enforcement agents as well as trade negotiators and public affairs experts. Our blend of experience allows for a multidisciplinary approach that is unique in a law firm, offering a comprehensive and coordinated mix of legal, strategic and public affairs advice to assist clients. Our innovative approach provides clients with practical, commercially focused solutions to legal and political challenges. With multilingual teams in offices across the United States, Europe, Asia and the Middle East, we address complex, global trade issues, collaborate with internal legal and compliance teams, and provide seamless, practical, commercially-focused solutions.