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Focus on Regulation

Topics

Antitrust, Competition and Economic Regulation

Today’s global businesses face a challenging framework of antitrust and competition laws in jurisdictions around the world. Hogan Lovells’ Antitrust, Competition and Economic Regulation team is ideally placed to help clients deal with these effectively.

We have one of the largest global practices with presence in 16 countries, and we operate at the cutting edge of every major area of antitrust and competition law. This includes the most significant multinational mergers and joint ventures, cartel cases, abuse of dominance and restrictive practices cases, as well as other competition and antitrust investigations. We represent clients in litigation and advise on public law and policy issues and legislation, as well as State aid and public procurement matters. We regularly represent clients before the European Commission, the U.S. federal and state agencies, and other national antitrust and competition authorities, and have extensive experience before the EU, U.S., and national courts.

We also help companies to anticipate and avoid antitrust and competition problems. We offer ongoing advice, compliance audits, interactive compliance and dawn raid e-learning courses, training seminars, and mock dawn raids.

Our range of experience extends to all sectors of the economy including energy, defense, financial services and insurance, healthcare and life sciences, manufacturing, media and entertainment, technology, and transportation.

Aviation

Hogan Lovells is one of a small number of leading global law firms with in-depth knowledge in aviation-related matters worldwide. Our aviation team and its partners regularly receive first-tier rankings from Chambers USA, which notes that we “couple regulatory expertise with a strong litigation offering.”  We are also known for strong cross-border and asset finance work in global markets, earning praise from The Legal 500 for “clarity of thought, a solutions-driven approach and exceptionally talented partners.”  

Clients benefit from our aviation lawyers’ experience in public service, which include positions as U.S. Under Secretary and Assistant Secretary of Transportation, Deputy Assistant Secretary of State for Transportation Affairs (and chief U.S. aviation negotiator), and Chief Counsel of the U.S. Federal Aviation Administration (FAA). In addition, our aviation lawyers team with lawyers from the firm’s network of more than 40 offices worldwide to address a broad range of legal issues, including antitrust, corporate, finance, environmental, tax, litigation, lobbying, and regulatory matters.

We represent all segments of the aviation industry, including air carriers, airport operators, aerospace manufacturers, repair facilities, aviation trade associations, foreign governments, business aviation operators, fractional ownership providers, and aircraft leasing and financing organizations. The insights we derive from our diverse practice enable us to achieve our clients’ goals more efficiently and effectively.

Climate Change

A successful climate change strategy requires a thorough understanding of the regulatory environment as well as a company’s environmental impact. Our climate change lawyers bring clients these insights, which we apply to issues across industries, geographies, and legal areas. Our creative approach can help clients mitigate governmental burdens while positioning them to leverage opportunities created by the regulations, such as the development of environmentally friendly products and services. The impact of our work has earned us high rankings from Chambers & Partners, which notes that our climate change team can handle “the full spectrum of climate change matters” and are “well versed in the regulations.”

Our interdisciplinary team views climate change through an industry-specific lens. Lawyers who regularly advise clients in their industry, many of whom have worked in-house for companies or regulatory agencies, bring focused insights to the questions clients raise. Thus, clients in the energy, automobile, aviation, shipping, food, chemical, retail, manufacturing, construction, insurance, and financial industries who are adding climate change to their list of critical business considerations can work with lawyers who know their businesses and understand what climate change regulation can mean for them.

We advise clients on all major climate change regulatory regimes, including voluntary programs and emerging proposals for state, regional, national, and international mandates. We are increasingly assisting clients in navigating the intersections and conflicts between the various regulatory regimes and their business strategies in the face of the regulatory uncertainty.

Our legal advice on climate change is tailored to the prevailing business environment of the client’s particular industry.

Education

Education institutions today face a challenging and frequently changing array of national, state, and local laws and regulations in jurisdictions around the world. As higher education in particular becomes increasingly international, institutions frequently deal with the laws of multiple countries. Our lawyers aim to help our education clients accomplish their missions by navigating these turbulent legal waters.

Hogan Lovells is a premier global law firm with a full-spectrum Education practice. The practice spans the education pipeline from elementary and secondary education through higher education. We represent higher education institutions in the U.S. and other countries in both domestic and international matters. In addition to working with education institutions themselves, we represent other organizations in the education sector, such as education associations, education companies, foundations, lenders, and sponsors of public-private partnerships. We assist education clients in complying with applicable law, represent them in transactional matters, help them protect their intellectual property, and defend them in disputes.

We aim to have an intimate understanding of education clients’ needs. We stay abreast of education-related developments, listen closely to our clients, and provide legal services adapted to the education environment. We keep costs down by staffing matters carefully and structuring fee arrangements so that they meet clients’ needs. We emphasize preventive-law strategies to manage legal risk. Our lawyers work with client in-house counsel and co-counsel to provide cost-effective, high-quality service.

Energy

Businesses operating in the energy sector must navigate an increasingly complex regulatory landscape in order to function effectively. Rather than allowing the regulatory process to drive business decisions, we help develop creative and innovative regulatory strategies that achieve client objectives while minimizing regulatory risk. Drawing on experience working in highest levels of government and a wealth of experience representing both regulated entities and their customers, our Energy lawyers offer a unique perspective that we use to anticipate and resolve issues on behalf of our clients.

We handle the full range of energy regulatory matters around the world, including rate and tariff matters, administrative hearings, appellate litigation, reliability standards, enforcement actions, compliance planning and training, certificates and authorizations, industry restructurings, and corporate and finance activities. Our services on the oil and gas and the electric sides of the practice are highly ranked by Chambers USA, especially in regard to “work before the FERC and the CFTC into market manipulation, reliability, trading improprieties and asset management” as well as “high-quality advice to clients on project development, M&A, trading, and traditional regulatory matters including rate, tariff, and certificate matters.” We also have been recognized by Chambers for our “zealous” advocacy on behalf of our clients.

Environment

Our Environment team addresses all aspects of environmental law, including compliance counseling, regulatory and legislative advocacy, litigation, and commercial transactions advice worldwide. The impact of our work has earned us high rankings from Chambers, which notes that our “reputation for environmental matters…has led to the team’s practice becoming increasingly international in scope.”

Our clients include global leaders in manufacturing, energy, transportation, chemicals and agriculture, as well as state and local governments. With the experience gained from holding high-ranking positions in industry and government, and as litigation counsel, our lawyers are able to provide timely, informed advice. Clients turn to us for guidance in matters involving toxic tort claims, environmental audits, contaminated land liabilities, water and air pollution, product safety controversies, waste management and disposal, regulation of hazardous substances, and habitats and biodiversity.

Food and Agriculture

Players in the food and agriculture sectors address regulatory challenges at every stage of the production cycle, from farm to table. Energy usage, working conditions, and product labeling and safety are a few of the issues in which business and regulation intersect. We help clients anticipate, shape, and comply with regulations from numerous agencies at the national, state, and local levels, assessing and implementing strategies that are both in compliance and advancing business objectives. The Food and Agriculture practice includes lawyers with high-level experience in government and industry, such as a former Secretary of the U.S. Department of Agriculture (USDA) and a former Associate Chief Counsel of the U.S. Food and Drug Administration (FDA).

Our lawyers, who have worked on virtually every major food and agriculture regulatory initiative over the past 30 years, are conversant with key players and procedures at the FDA, USDA, Federal Trade Commission (FTC), and Consumer Product Safety Commission (CPSC), among others. For example, we were involved in all phases of food safety reform legislation, as well as regulations implementing the nutrition labeling laws and other initiatives affecting the food industry. We have helped clients deal with product recalls, congressional investigations, product tampering, and deceptive advertising challenges. Our guidance helps clients understand the impact of regulations in such areas on their strategy, and devise approaches that reduce the risks of violations and that support business expansion.

Government Contracts

Combining the deep experience of recognized leaders in government contracts and grants law with the broad resources of a full service global law firm, we provide comprehensive solutions to the increasingly complex problems that arise out of doing business with the government.

Our lawyers are experienced in dealing with the complete range of legal issues inherent in government contracting and grants. Our practice is one of the world’s largest, both in terms of size and in the sheer breadth of our experience. We receive consistently high rankings for the quality of our lawyers and the services we provide; for instance, Chambers USA applauds our “excellent value” and “really deep understanding” of key industries. Our lawyers hold numerous leadership positions in this field and are viewed as go-to counsel on crucial government contracting and grants matters.

The firm’s government contracts clients include defense and aerospace contractors; information technology and telecommunication providers; pharmaceutical and biotechnology companies and other suppliers of health-related goods and services; energy and environmental contractors; and universities, medical centers, and other research organizations. We represent industry leaders as well as small and emerging companies and organizations.

Health

Hogan Lovells’ Health practice is grounded in an in-depth understanding of the relationship between the global healthcare marketplace and government. Many of the lawyers serving our health industry clients have had experience in government, industry, or both. From this foundation of knowledge we are uniquely positioned to serve providers and suppliers of healthcare products and services not only as their regulatory lawyers, but also as their strategic advisers, lobbyists, litigators, and dealmakers.

Ranging from startups to multinational enterprises, our clients come from every part of the health sector of the worldwide economy. They include manufacturers of pharmaceuticals, medical devices, and biotechnology products, providers of healthcare services (such as academic health centers, hospitals, hospices, ambulatory surgery centers, and cancer care centers), health-focused professional and trade associations, groups of healthcare professionals (such as nurses, physical therapists, and physicians), health insurers, sponsors and administrators of employee health plans, and suppliers of health information technology. The breadth of our practice allows us to bring multiple perspectives to the analysis and resolution of our clients’ needs, whether addressing regulatory approvals and compliance; fraud and abuse and government investigations; coverage, payment, and price reporting; business transactions; privacy and data protection; employee health benefits; or policy issues.

Immigration

The increasing globalization of business, research, investment, education, and athletic competition creates new and complex challenges for companies, organizations, and investors seeking to move people across borders. Our cross-disciplinary immigration team combines local knowledge and relationships with the global reach of one of the world’s largest law firms.

Ranked in the top tier by Chambers USA, and lauded for our “superb transactional capabilities” (Chambers Global) and “exceptional turnaround time” (Legal 500), we serve as immigration counsel to U.S. and multinational clients, including large corporations, high-tech and Internet startups, universities, nonprofit organizations, sports teams, hospitals, governments, and individuals. We regularly handle large, varied, and complex legal matters; manage all aspects of visa work for an organization’s U.S. operations; and have excellent relationships with representatives from the U.S. departments of Homeland Security, State, and Labor, as well as U.S. embassies and consulates.

International Trade and Investment

We offer sophisticated, informed advice on the full range of trade matters, including trade policy, legislation, compliance and enforcement, litigation, and administrative proceedings. Our clients rely on the International Trade and Investment group to handle issues such as export and import controls, economic sanctions, anti-corruption, foreign direct investment, trade agreement negotiations, and anti-dumping and subsidy cases. With more than 40 offices in the United States, Europe, Latin America, Asia, and the Middle East, Hogan Lovells is one of the few firms that can handle large, varied, and complex trade matters in every major world market.

Lauded by Chambers Global for our “comprehensive knowledge of the trade world and its latest developments” and by Legal 500 for our ability to “craft analysis in a way that is useful in the real world,” our lawyers and advisors have helped bring leadership to international trade initiatives for several decades. These include negotiations and disputes arising under the World Trade Organization (WTO), the North American Free Trade Agreement (NAFTA), and other multilateral and regional agreements.

Legislation and Political Law Compliance

The Legislation and Political Law Compliance group combines in-depth industry and regulatory knowledge with a unique understanding of the way government operates, drawing on the experience of our many lawyers with backgrounds in public service to serve clients’ government affairs needs. We have earned a first-tier ranking for the past three years by Chambers USA, which noted that we are “at the forefront of government relations issues” and that “leading lobbying firms view the team as fierce competition.” We are regularly included in the industry’s most competitive surveys, including Legal Times‘ Influence 50, Washingtonian‘s Top Lobbyists, and The National Law Journal‘s Leaders of the Pack. Another key differentiator of our practice is that we take time to learn the nuances of our clients’ business, incorporating them into our strategic approach. We also provide vigorous support in the area of federal appropriations, an area in which we have been lauded by Chambers USA as “perhaps the strongest practice around.”

Medical Devices

To commercialize innovative products, medical device developers must address issues such as regulatory clearance or approval, patents, financing, manufacturing, and distribution in an increasingly complex global market. The Medical Devices group helps clients mitigate risks and pursue opportunities through timely, effective counsel on matters relating to the entire medical-device life cycle. From inception and approval to debut and product maturity, clients will benefit from guidance that reflects their business strategies and legal needs.

Our clients include local, regional, and global developers; manufacturers; researchers; investors; and trade associations. Many of our lawyers and regulatory science professionals have worked for regulatory agencies and in private industry, and have advanced degrees in relevant scientific or technological areas. We advise clients on all aspects of regulation involving the U.S. Food and Drug Administration (FDA), the European Union, and other local, national, and international regulatory entities. We also work with colleagues in our Life Sciences practice, ranked as a global leader by Chambers, along with dedicated teams in the areas of regulatory compliance; health coverage, reimbursement, and pricing; fraud and abuse prevention; legislation and policy; intellectual property; financing; product liability; litigation and investigations; licensing and technology transfer; international trade; and pharmaceuticals and biotechnology.

Pharmaceutical and Biotechnology

With more than 100 lawyers serving the pharmaceutical and biotechnology sectors, including many with experience at the FDA and other key agencies and in industry, and others holding advanced degrees in relevant disciplines, we offer timely, effective counsel on matters that include product development, approval and post-approval compliance, and the development of next-generation products. High rankings in Chambers, PLC Which Lawyer?, and other global directories speak to the quality and impact of our services.

Whether a company’s products are traditional drugs or biotechnology products, we work with clients to successfully develop and commercialize products, addressing issues of regulatory approvals and compliance; coverage, reimbursement, and pricing; and careful use of intellectual property and regulatory exclusivities to manage product life cycles. Our multidisciplinary team leverages the skills and experience of colleagues in other disciplines — including healthcare compliance (such as coverage, reimbursement, pricing, and fraud and abuse prevention), public policy, intellectual property, corporate and securities law, and litigation — to provide integrated, strategic, and practical advice for successful product development and marketing and effective responses to regulators and competitors. We use our global network of 2,300 lawyers in more than 40 offices to support our clients’ multinational and cross-border strategies, opening their innovations to a global presence that maximizes their potential.

Privacy and Information Management

The compliance challenges and business risks related to personal data are significant and growing. With advances in technology, personal information increasingly is collected, stored, used, and shared. At the same time, the regulation of data use and security is increasing worldwide.

Hogan Lovells has one of the largest and most experienced Privacy and Information Management practices in the world, spanning the United States, the European Union, and Asia. The group assists clients with all of their compliance challenges, drafting policies and providing advice. According to Chambers & Partners, the team is “widely praised for its expertise in state, federal and EU privacy laws and operates across a wide range of sectors including media and healthcare.”

  • We are among the very few law firms that can help clients achieve compliance both globally and in regard to specific national laws.
  • Our lawyers are conversant with local regulations, the laws affecting cross-border data transfers, and the laws regulating sectors that collect sensitive personal information, such as finance and health.
  • We represent clients in adversarial matters concerning the use of data, whether at the level of the EU data protection authorities, or before the U.S. Federal Trade Commission, Department of Health and Human Services, state attorneys general or in private party litigation.
  • We play an important role in the development of public policy regarding the future regulation of privacy.

Technology, Media and Telecoms

In the rapidly converging Technology, Media, and Telecoms (TMT) sector, companies need lawyers who hold wide-ranging experience in the relevant issues. At Hogan Lovells, we work with companies to anticipate industry developments and formulate strategic responses.

We provide clients with full-service legal counsel across the United States, Europe, the Middle East, and in Latin America. Our team comprises more than 200 TMT lawyers who provide strategic advice on regulatory, antitrust and competition, commercial, and intellectual property issues; technology lawyers experienced in major information technology deployments; litigators ready to take action to protect our clients’ interests; and a team of corporate lawyers large enough to handle even the biggest transactions.

Our work covers media and entertainment, telecommunications, technology, and electronics. Our clients include telecommunications network operators and service providers; operators of broadband cable and satellite networks; television and radio broadcasters; social network operators; online retailers and auctioneers; film and television studios and producers; print, online, and music publishers; consumer electronics manufacturers; and computer games companies. We also provide advice on major technology contracts and outsourcing projects to financial institutions, governments, and communications companies.

Our team combines its knowledge across a range of practice areas into a single integrated approach, enabling us to leverage knowledge in one area to produce solutions in another. In a dynamic, fast-changing, and highly interdependent industry, such an approach offers significant added value to our clients.

UK and EU Public Law and Policy

Hogan Lovells UK and EU Public Law and Policy team is the “first port of call for smart, business-minded lawyers.” Chambers UK

The continued growth of state involvement in, and regulation of, industry and commerce, together with growing demands for public-sector transparency and accountability, makes the interface between the public and private sectors an increasingly important and complex one. Our dedicated UK and EU Public Law and Policy team focuses on advising clients from both sides of that interface on the full range of public law and policy issues at both a UK and EU level, notably in heavily regulated industries such as financial services, gambling, healthcare, pharmaceuticals, telecoms, tobacco, transport, and utilities.

Described as being “at the forefront of judicial review”, Legal 500, we have substantial experience of acting in the most high-profile and complex administrative and public law cases before UK and European courts. The breadth and depth of this experience means that we are uniquely well placed to understand and advise on the legal and commercial complexities and political sensitivities that such cases involve.

Combining our administrative and public law litigation experience with our experience in parliamentary and public affairs, freedom of information, and human rights, we offer an integrated and seamless service in:

  • identifying and analyzing policy, legislative, and regulatory proposals ;
  • advising on public decision-making and governance processes ; and
  • deploying the full range of policy and legal arguments and strategies throughout the public decision-making process and in any subsequent legal challenges to secure robust and effective policy and regulatory decisions by public bodies.