Government Strategies

McDermott’s Government Strategies Practice Group provides four distinct but often interrelated services:   We defend those subject to congressional, state legislature and government investigations, working closely with a crisis communications team unique among law firms.  We provide traditional government relations and lobbying services and government contract and procurement services.  The group offers well-developed strategies integrating legal, political and public relations considerations.  Unlike many traditional lobbying firms, however, McDermott’s government strategies practice also includes practicing lawyers—many with senior-level experience in state and federal government.  Furthermore, our lawyer lobbyists and non-lawyer lobbyist professionals offer clients something that most lobbying firms cannot:  the reassurance that their communications and advice will be protected, when appropriate, by the attorney-client privilege.

The experienced and creative advocates in McDermott’s government strategies practice have developed a strong record of success in representing clients.   We often partner with other McDermott lawyers who are deeply knowledgeable in specific areas—e.g., tax, trade, health care—to achieve client goals.  Our lawyers and professionals not only have mastered the complex, technical and procedural aspects of the legislative, regulatory and administrative policy-making process, but also have demonstrated time and again that they have the insight and strategic know-how to address and meet client needs.

Our team of more than 15 registered lobbyists includes individuals with decades of senior-level experience in all branches of federal and state government, as well as national media outlets.   Here are a few members of the team:

  • Steve Ryan, a top litigator and lobbyist, who is the former General Counsel of a full Senate committee and an assistant U.S. attorney
  • Bill Weld, the former two-term Republican Governor of Massachusetts, who also served as head of the Criminal Division at the U.S. Department of Justice
  • Teddy Eynon, former Deputy Chief of Staff to Arizona Congressman John Shadegg
  • David Ransom, the former Senior Communications and Policy Advisor to U.S. House Majority Leader Steny Hoyer, and also a lawyer
  • Dan Haley, former Assistant Chief of Staff to Governor Mitt Romney
  • Peggy Binzer, former FDA official and former Senior FDA Health Counsel to two Senate Committees
  • Jon Decker, former White House Correspondent for Reuters Television
  • Mark Harkins, former Chief of Staff for Congressman Brad Miller and Legislative Director for the Democrats on the House Science Committee,
  • Erica Stocker, former Deputy Chief of Staff Congressman Jim Saxton
  • Strategic alliance with Lanny J. Davis, former special counsel to President Clinton

Congressional & Government Investigations

McDermott’s government and congressional investigations team has a dynamic record representing clients successfully in the most difficult and delicate congressional investigations.  Members of our practice group have a deep understanding of the interplay between the legislative and executive branches, as well as the political and public relations considerations that come into play in any congressional investigation.  We have represented clients before members of the Senate and House, and before every significant committee.   We work with clients to formulate political, legal and press strategies that meet their strategic needs.  We pride ourselves on vigorous, thorough preparation that enables our clients to anticipate and effectively respond to all lines of inquiry at committee hearings.  We know from experience what questions staff and members are likely to ask, and how best to answer them. 

In the past year, our team has represented clients who have received inquiries from a number of Senate and House committees.   Our Firm is often asked to manage communications with investigating committee staff and members.  We assist in seeking modification of any document production requested by the committees, to ensure it is realistically limited given the often short duration of the response period, and to protect company secrets.  For example, in the series of extensive investigations conducted by the House Energy and Commerce Committee regarding health care and insurance issues, we represented many of the United States’ most important health care insurers.  We have also represented prominent U.S. and international corporations in sectors including defense, technology and financial services in recent investigations before the Energy and Commerce Committee and the Government Reform and Oversight Committee.  In addition to the U.S. House Energy and Commerce Committee, we have recently represented clients before the following committees:

  • Senate Commerce Committee
  • Senate Health, Education, Labor and Pensions Committee
  • Senate Permanent Subcommittee on Investigations (of the Homeland Security and Government Affairs Committee)
  • House Oversight and Government Reform Committee

Crisis Management & Communications

Our crisis management and communications team, which complements our investigations practice, truly sets us apart from many other government relations practices in Washington, D.C.   We have decades of experience helping clients worldwide to identify potential risks and implement appropriate controls and policies to minimize the likelihood of legal, business and public relations controversies, utilizing the value of the attorney-client privilege and giving clients the reassurance that internal investigations and other activities in support of existing or potential litigation can be conducted without fear of public disclosure.  When unforeseen events do arise, we work quickly and effectively to help clients take control of fast-moving, high-stakes investigations, news stories and media events, both behind the scenes and in front of the camera.

As experienced litigators, lobbyists and public relations professionals, we understand the importance of a proactive media effort as part of a client’s overall litigation strategy.   We utilize our extensive networks built over many years within state and federal governments, regulatory agencies and the press corps to ensure that factually accurate information that presents our clients in the best possible light is disseminated and used to head off and counteract unfair or inaccurate representations.

Traditional Government Relations & Lobbying

Our practice successfully represents a wide range of clients across a number of industry sectors.   In most cases, we devise strategies that initiate legislative or administrative change on behalf of clients, rather than simply reacting to change proposed by others.  However, clients often retain us to monitor the congressional or administrative landscape in order to identify challenges and to capitalize on opportunities.  We regularly assist clients in meeting their strategically important business challenges through the legislative process, which includes both drafting and shepherding legislation through Congress, securing funding through the appropriations process, forestalling adverse legislation, influencing regulatory actions, guiding presidential appointees through the Senate confirmation process, and advising clients on ethics and government contract issues.  In addition to our work with Congress, we represent clients on the same subjects before numerous federal agencies.  Representative clients, taken from public reports, include Hewlett-Packard, Mayo Clinic, Intermountain Health Care, Sunkist Growers, Wyndham Worldwide and CNX Gas Corp.

Government Contracts & Public Procurement

Government contracts are a market with great potential and even greater legal and business challenges.   The executive agencies of the U.S. government spend hundreds of billions of dollars annually to purchase an incredible range of goods and services.  The government’s ability to acquire the goods and services it requires is governed by laws and regulations intended to promote fair and open competition prior to a contract being awarded, and also to ensure that the goods and/or services sold comply with the government’s stated requirements.  Further, many of the laws that govern federal government contracts are complicated because they also seek to promote various societal, economic and international trade goals.

McDermott’s government contracts and public procurement practice has broad experience in all aspects of federal, state and local government procurement, helping clients across industry sectors secure and/or perform contracts.   The practice includes partners who served as counsel to congressional committees responsible for the creation of many of the procurement laws and regulations, and others who held senior positions in the executive branch, giving our clients unique insight into the plethora of statutes, regulations and licensing requirements necessary for successfully doing business with the government. 

Whether the matter involves a U.S. Government Accountability Office or Claims Court protest, General Services Administration Schedule contract for office supplies or a multi-year contract with the U.S. Department of Defense or Homeland Security for computer systems, McDermott lawyers have the background and experience to provide “cradle-to-grave” guidance and legal representation with respect to the various stages, as well as all aspects of a government contract and subcontract and related audits, investigations and protests.   Our lawyers are well versed in the laws governing government contracts, including the Contract Disputes Act, the Competition in Contracting Act, the Truth in Negotiations Act, the Anti-Kickback Act, the Procurement Integrity Act, the False Claims Act, Equal Employment Opportunity, the Fair Labor Standards Act, the Small Business Act, the Buy American Act, the Trade Agreements Act and many others.

Audio file - The 2010 Election: What Does it Mean for Your Business (For a copy of the slides please email Stuart Davis, sdavis@mwe.com)

Contacts

Government Strategies Client Services

McDermott Will & Emery

McDermott Will and Emery