Mergers & Acquisitions - Federal Government Review

Transactions that may raise public policy or political issues in the United States require development of public policy campaigns. These efforts must take place in close coordination with the public announcement—and subsequent regulatory review of the transaction—by appropriate agencies of the U.S. government.

To cultivate political support and preemptively mitigate potential roadblocks, it is essential to engage policy-makers and stakeholders to proactively convey the facts and rationale underlying the transaction. Key elements of these public policy campaigns include:

Early and comprehensive pre-announcement planning.
Identification of key policy and opinion makers.
Effective and timely rollout of public policy campaign to support the transaction.
Close coordination with legal/regulatory and media relations activities.

We have extensive experience advising clients and implementing public policy strategies in support of transactions with sensitivities due to issues such as the profile of the parties involved, concentration in an economic sector or transnational technicalities affecting major aspects of the transaction.

Such transactions frequently require regulatory review by and approvals from major federal agencies, such as the Federal Trade Commission (FTC), the Department of Justice (DOJ) or the Committee on Foreign Investment in the United States (CFIUS), among others. The firm routinely assembles teams of experienced professionals holding relevant experience with the regulatory agencies reviewing a transaction. Practitioners from our public law and policy (PLP) practice develop and implement the full range of regulatory, policy and political advice and advocacy concerning all aspects of the U.S. government’s review of and response to a transaction.

Our team also works closely with other outside parties working on the transaction—such as media relations specialists, state and local government policy advocates and third-party advocates—to effectively communicate benefits arising from and respond to potential concerns regarding the transaction.

The firm’s PLP lawyers and professionals routinely team with our lawyers in other practices, including antitrust, corporate, energy, environmental, financial restructuring, government contracts, international trade, tax and telecommunications, to address issues raised during regulatory or congressional consideration of a proposed transaction.