Practice/Industry Group Overview
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.
Articles Authored by Lawyers at this office:
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...
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...
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...
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...
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...
, 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...
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...
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...
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...
FAA Clarifies 2012 Flight Duty and Rest Final Rule—Areas of Potential Ongoing Concern
Tom A. Jerman,Rebecca MacPherson, March 22, 2013
On March 5, 2013, the Federal Aviation Administration published its response to a set of clarifying questions associated with the agency's new flight, duty, and rest final rule. 78 Fed. Reg. 14166 (March 5, 2013). While the notice addresses several issues of importance to air carriers, the...
Myanmar to Sign New York Convention
Phillip Georgiou,John Rainbird,Matthew J. Skinner, March 22, 2013
After months of speculation, Myanmar's Parliament has approved plans to sign the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"). This is another step by the formerly reclusive regime to liberalize the economy. It follows promising...
Trends in Prompt Payment Acts Governing Private Construction Contracts
Necia B. Hobbes,John P. Miller, March 14, 2013
Prompt Payment Acts ("PPAs"), which the federal government and many states have enacted, generally provide legal recourse against owners or contractors who fail to meet payment obligations required by construction contracts. The number of PPAs governing private construction contracts is...
Current Trends in the FDA's Enforcement of GMP Requirements
, March 12, 2013
Drugs and devices are "adulterated," as that term is used in the Food, Drug, and Cosmetic Act, if the drugs and devices are contaminated, impure, or diluted; deliver too much or too little of the active ingredient; or do not conform to mandatory specifications. A product can also be...