Practice Areas & Industries: Jones Day


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In an era of unprecedented government intervention in private industry in the United States and around the world, Jones Day’s government regulation attorneys can make a difference by bringing extensive government experience, crisis management, and complex regulatory and litigation skills to bear on difficult government-related problems.

With decades of success representing clients before government agencies, in enforcement matters, before lawmaking bodies, and in court disputes arising from government regulation or action, our lawyers worldwide understand government, business, and the political and policy environments in which the decisions affecting our clients are made.  We count among our members former high-ranking government officials, Asian and European attorneys at the cutting edge of their regional regulatory environments, and practitioners with deep industry experience.

From representing clients facing major regulatory crises, to engaging in high-stakes litigation against the government, to helping clients resolve complex statutory or regulatory problems, Jones Day’s government regulation attorneys have the requisite strength, substance, and credibility to provide clients with a complete approach to dealing with government-related issues. Part of One Firm Worldwide, Jones Day’s international and multi-disciplinary government regulation team helps clients in the United States and around the world respond to today’s emerging regulatory challenges.

Group Presentations
Executive Roundtable Series - A Year-End Legislative Roundup and Forecast, December 12, 2013
2013 Export Briefing series - The CFIUS Risk/Reward Analysis for Buyers and Sellers, November 12, 2013
2013 Space & Satellite Regulatory Colloquium, October 24, 2013
Articles Authored by Lawyers at this office:

Getting the House in Order—Update on Government Workplace Relations Policy
Lisa Franzini,Adam Salter, December 20, 2013
As the clock strikes 100 days since the Coalition government came to power, we thought it was time to review progress on several of the Federal Government's promised industrial relations changes.

Mexican Congress Approves Bill to Open Mexico's Electricity Industry to Private Investors
José Estandía,Gerald P. Farano,Francisco Pams,Alberto de la Parra, December 18, 2013
On December 16, the Mexican Congress and the majority of the states' legislatures approved a bill reforming the energy legal framework (the "Energy Bill"). The Energy Bill represents one of the major changes in the sector and is a huge step forward toward the expansion and modernization...

Abalone Industry's Lost Class Action Claim Against State of Victoria Provides Lessons for Future Government Claims in Australia
John Emmerig,Michael Legg,Holly Sara, December 17, 2013
The Regent Holdings class action dealt with claims against the State of Victoria following the outbreak of an abalone virus and disease along the Victorian coast in 2006. The representative claim, brought by Regent Holdings Pty Ltd, was based on a duty of care said to be owed by the State to...

Government Files Statement of Interest Distinguishing Caronia in Off-Label Promotion False Claims Act Case
Toni-Ann Citera,Heidi A. Wendel, December 10, 2013
On November 7, the U.S. Attorney's Office for the Southern District of New York filed a statement of interest in United States ex rel. Matthew Cestra, et al. v. Cephalon, Inc., et al., 10 Civ. 6457 (SHS) (S.D.N.Y.), in connection with a motion by the defendant pharmaceutical company to dismiss,...

Admissions of Wrongdoing: The Final Frontier
Heidi A. Wendel, November 15, 2013
Admissions of wrongdoing are the final frontier in civil fraud settlements—that elusive element that purportedly makes the payment of even large settlement amounts more than "just a cost of doing business" for the defendant companies. Federal law enforcement agencies have repeatedly...

Government's Annual Certification Claims Under the FCA Take a Hit in Federal Court in California in a Case Involving Individual Liability
, November 12, 2013
In a decision dated November 5, 2013, United States v. Reunion Mortgage, Inc., David Thayer and Kent Harvey, Case No. 13-02340 SBA (N.D. Ca.), a federal court rejected annual certification claims, a backbone of the Department of Justice's mortgage fraud practice in recent years, in a case involving...

Mexico's Congress Passes Tax Reform
Javier A. Cortes,Rodrigo Gómez,Joseph A. Goldman,Rodrigo Rangel Hassey,Matthew A. Martel, November 07, 2013
The two houses of the Mexican Congress (the Chamber of Deputies and the Senate) last week passed a tax reform measure which now awaits President Enrique Peña Nieto's signature. The legislation is significantly different than the President's controversial tax overhaul proposal forwarded to...

Mexican Tax Reform Update
Javier A. Cortes,Rodrigo Gómez,Joseph A. Goldman,Luis Ignacio Martel, October 23, 2013
On October 17, the Mexican Congress modified the proposed tax reform that was prepared by the executive branch (led by President Enrique Peña Nieto) and forwarded to Congress on September 8. The executive branch's tax proposal had met with opposition from conservatives in Congress and many...

Expanding Compliance Obligations: What Federal Contractors Need to Know About OFCCP's New Disability and Veterans Regulations
, October 16, 2013
Federal government contractors will soon be subject to expansive new affirmative action regulations under the Vietnam Era Veterans' Readjustment Assistance Act ("VEVRAA") and Section 503 of the Rehabilitation Act ("Section 503"). Published on September 24, these new regulations...

New Federal Government: What Will This Mean for Australian Employers?
Adam Salter, October 01, 2013
Fresh from the recent success at the Federal Election, the Coalition is set to commence implementing the industrial relations policy it foreshadowed prior to the election. Key changes on the agenda include amendments to the Fair Work Act 2009 (Cth) (FW Act), introducing and reviewing regulatory...

Productivity Changes on the Horizon for the Fair Work Act?
Adam Salter, October 01, 2013
The newly-elected Coalition Government has committed to engaging the Productivity Commission to review the "Fair Work" framework and is set to play a significant role in influencing the industrial relations framework in Australia.

California Legislature Active on Privacy and Data Protection
Nandini Iyer,Mauricio F. Paez,Katherine S. Ritchey, September 16, 2013
The California Legislature was active in August and early September in the area of privacy and data protection, with three separate bills making their way through both houses and currently awaiting the Governor's approval. California has long been on the forefront of privacy and data protection...

Federal Election Update-Coalition's Paid Parental Leave
Adam Salter, September 02, 2013
If the Coalition wins the Federal Election, it has committed that its paid parental leave scheme will start on 1 July 2015 and feature 26 weeks of paid leave entitlement for women, calculated on their actual wage or the national minimum wage (whichever is higher). Superannuation contributions at...

Government Calls for Submissions on Employee Share Schemes
Adam Salter, September 02, 2013
The Australian Government is calling for submissions on Employee Share Schemes (ESS) regarding the current taxation and administrative policy regarding ESS for start-up companies.

Governance Perspectives: Director Compensation Bylaws
Lyle G. Ganske,Robert A. Profusek,Lizanne Thomas, August 23, 2013
In two recent high-profile proxy contests, shareholders entered into incentive compensation arrangements with their director nominees that were intended to reward their particular nominees for increases in shareholder value or the activist’s profits. Elliott Management agreed to pay its...

Mexican Government Looking to Open Mexico's Oil, Gas, and Electricity Industries to Private Investors
José Estandía,Francisco Pams,Alberto de la Parra, August 17, 2013
On December 2, 2012, Mexican president Enrique Peña Nieto and Mexico's primary political parties entered into the "Pacto por México" (in English, the "Pact for Mexico"), which, among other things, called for reformation of Mexico's energy legal framework....

False Claims Act Recent Developments
, July 29, 2013
The U.S. Supreme Court's recent denial of a writ of certiorari in a False Claims Act ("FCA") case and two other opinions in the Ninth Circuit and by the Seventh Circuit Court of Appeals leave the circuits split on two important FCA issues: (i) whether the Fraud Enforcement Recovery Act of...

Mexican Government Announces "National Program of Investment in Infrastructure and Communications"
Alberto de la Parra,Arturo de la Parra, July 29, 2013
On July 15, Mexico's president, Enrique Peña Nieto, announced the National Program of Investment in Infrastructure and Communications (the "Infrastructure Program"), which states that during the period of 2013 to 2018, the Mexican government will invest $320 billion in...

The Cybersecurity Debate: Voluntary Versus Mandatory Cooperation Between the Private Sector and the Federal Government
, July 29, 2013
Cyber attacks and security breaches have become an increasingly significant risk of doing business. During the first quarter of 2013, numerous social media sites and iconic news media outlets, including Facebook, Twitter, The New York Times, and The Wall Street Journal, announced incidents of...

Pennsylvania Oil and Gas Lease Act Enhances Royalty Transparency and Authorizes Limited Contiguous Lease Integration
, July 16, 2013
On July 9, Governor Tom Corbett signed Senate Bill 259 into law. This legislation, which takes effect 60 days after enactment, requires specific minimum information to accompany royalty payments in Pennsylvania and authorizes the operator, in limited circumstances, to integrate contiguous leases to...

Rights of Contractors in Australian Mining Industry Dismantled and Removed Under Security of Payment Act
John Cooper,Steven W. Fleming,Bill Napier, July 16, 2013
Contractors carrying out work on mining leases in Australia have had their commercial position weakened by a recent decision in the Supreme Court in Queensland.

Bail-ins and Haircuts: Is Slovenia Next in Line?
Christopher Braithwaite,Lucas J. Moore,Stephen J. Pearson, July 04, 2013
Following the most recent manifestation of the European debt crisis in Cyprus, speculation is rife that Slovenia will be the next victim of the prolonged economic recession, together with its thinly capitalised banks. The European policy shift towards bail-ins (requiring investors to share in the...

Africa Bulletin
, July 02, 2013
This Africa Bulletin outlines in brief a few of the recent legislative, constitutional and commercial developments in Africa during the first half of 2013.

Privacy Law Update: Notification Obligations for Data Breaches
Adam Salter, July 02, 2013
There have been significant developments in the Australia privacy landscape in the past year, with the most recent developments comprised in the Privacy Amendment (Privacy Alerts) Bill 2013 (the “Bill”) which was introduced into Federal Parliament on 29 May 2013. The purpose of the Bill...

Enactment of the Federal Law on Environmental Liability in Mexico
Antonio Gonzalez,Mauricio Llamas, June 18, 2013
On June 7, 2013, the Federal Executive Branch of Mexico published the Federal Law on Environmental Liability (the "Environmental Liability Law" or the "Law") in the Official Gazette of the Federation. It also published the amendment and modification of related provisions...

New Legal Developments on the Horizon for Foreign Mining Companies in Zimbabwe
Benjamin T. Jones,Steven L. Smith,Harriet Territt,Baiju S. Vasani, May 20, 2013
In recent weeks, reports have emerged of two proposed legal developments in Zimbabwe that may raise concerns for foreign investors in the country's mining industry.

VoIP: Reap the Benefits but Understand the Risks
, May 20, 2013
Many businesses are cancelling their traditional land lines in favor of Voice over Internet Protocol ("VoIP"), the new technology used for making phone calls over the internet or an internal network. However, while reaping the benefits of (i) cost savings, (ii) data integration, and (iii)...

FIRREA Civil Money Penalties: The Government's Newfound Weapon Against Financial Fraud
Antonio F. Dias,Edwin L. Fountain,Alex P. McBride,Lawrence K. Nesbitt,Courtney Lyons Snyder, May 09, 2013
In recent years, the U.S. Department of Justice ("DOJ") has begun using the civil money penalty provision of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA") to investigate and prosecute persons suspected of financial fraud. Although FIRREA was...

Recent Developments in Suits against Foreign Governments and Corporations Doing Business Abroad
Shay Dvoretzky,Meir Feder,Edwin L. Fountain,James E. Gauch, May 06, 2013
The United States is an attractive forum for plaintiffs to challenge the actions of foreign states, due to U.S. courts' liberal discovery rules, higher damage awards, availability of class actions, and the absence of "loser pay" rules. But foreign states are generally entitled to immunity...

DOJ Shows Flexibility in Crafting Structural Fix for ABI and Modelo
Kenneth W. Field,Peter J. Love, May 01, 2013
The U.S. Department of Justice ("DOJ") has reached a settlement with Anheuser-Busch InBev ("ABI") and Grupo Modelo S.A.B. de C.V. ("Modelo"), requiring ABI to divest Modelo’s entire U.S. business to Constellation Brands Inc. ("Constellation"). The...

Court Injunction Will Require the FDA to Accelerate the Roll-Out of FSMA Regulations
, April 29, 2013
The Food Safety Modernization Act, known as "FSMA," calls upon the Food and Drug Administration ("FDA") to promulgate extensive new regulations on a broad range of subjects touching upon food safety. FSMA also contains tight deadlines within which the FDA was to propose or...

OIG Publishes Revised Provider Self-Disclosure Protocol
Claire E. Castles,Lindsey Lonergan,Heather M. O'Shea,Rebekah N. Plowman,Rachael A. Ream, April 24, 2013
On April 17, 2013, the Department of Health and Human Services, Office of Inspector General ("OIG") issued an Updated Provider Self-Disclosure Protocol ("SDP") published on its website. According to the OIG, the revised protocol supersedes and replaces the 1998 Federal Register...