CKR’s attorneys provide sophisticated, solution-oriented advice on all aspects of competition law, including mergers and acquisitions, joint ventures and other strategic alliances, government civil and criminal investigations, private antitrust litigation, and counseling.
In addition to guiding our clients through government enforcement agency investigations and prosecutions and the civil litigation that often results from government action, we assist our clients in assessing the potential antitrust risks associated with contemplated business conduct, strategic alliances and mergers and acquisitions. We accurately assess potential competitive risks and then work with clients to structure a plan to reach their goals. Clients rely on our antitrust attorneys for constructive counseling and guidance on legitimate arrangements with competitors, entry into new markets, product distribution systems and appropriate participation by clients at trade associations and standard setting organizations, as well as to steer them through complex civil, criminal, and merger investigations and litigation. The key to our antitrust success is consistent, comprehensive, and responsive counsel to our clients.
As a global law firm, CKR is uniquely positioned to assist clients in responding to the full range of legal and business issues raised by global climate change. CKR’s practice represents clients regarding climate change, renewable energy and clean technology issues in matters across a wide variety of global practice areas. A patchwork of greenhouse gas regulations has emerged in multiple jurisdictions to deal with climate change. We keep abreast of these multiple regulatory regimes and knowledgably advise our clients on compliance obligations and potential opportunities. We have experience with emission trading schemes, including the Kyoto Protocol, the EU Emission Trading Scheme, the UK Emissions Trading Scheme, and US state and regional emission trading programs.
Worldwide Energy Project Expertise
CKR’s energy, infrastructure and project finance attorneys have experience advising on all aspects of energy generation and transmissions. We have been involved in structuring and financing projects where GHG emissions are an issue, including renewable energy projects. Our clean energy project experience includes projects involving wind power generation, solar, biomass, geothermal, hydropower and ocean resources.
Cutting-Edge Clean Technology Financing and IP Protection Experience
Climate change is leading to clean technology innovations that require both capital and intellectual property protection, as companies seek to use their technologies across the globe. CKR’s global Capital Markets and Intellectual Property practices have significant experience advising clients at the cutting edge of clean technologies.
Global Dispute Resolution Knowledge
Disputes around the world are arising out of climate change initiatives, as businesses and individuals struggle to keep up with the rapid pace of legal developments. These disputes range from disagreements over business transactions to challenges to renewable energy projects. CKR’s dispute resolution attorneys help clients worldwide navigate these conflicts and reach successful resolutions.
Data, Privacy and Security
CKR’s international team of data privacy attorneys advises on global and national data issues for clients of all shapes and sizes.
Our attorneys advise on a full range of issues including:
- balancing budget and risk to create sensible compliance programs
- the mechanisms to deal with the cross border transfer of personal data
- how to practically implement ethical reporting hotlines and staff monitoring tools, email and internet use, on a cross jurisdictional basis
- how to address the data privacy issues arising from shared service/global IT platform programs
- how to comply with the new “cookies” rules
- the data protection aspects of acquisitions and disposals, joint ventures and other major transactions
- the interaction between freedom of information laws and privacy laws
- conducting privacy audits
- records retention
- handling complaints and requests from individuals and regulatory bodies, and providing guidance in the face of investigations and prosecution
- web based processing of data including use of online behavioral, advertising, cookies and other tools
- data compliance in the world of cloud computing
- reporting data security breaches
- crafting privacy policies and advising on employee privacy and monitoring
- document management policies
- financial industry and healthcare privacy
- notifications and permits or approvals of processing activities with the relevant regulatory authorities
- appropriate wording for contracts with employees, customers and suppliers
- training on data protection
- handling staff data on a multijurisdictional basis and the industrial relations issues which can arise as new data policies, contracts and procedures are introduced.
CKR’s attorneys also have substantial privacy litigation experience.
CKR’s attorneys perform internal audits, conduct training programs, and provide individually tailored reference materials designed to ensure our clients’ compliance with the laws and regulations applicable to their particular operations. CKR’s trial attorneys have experience in defending private parties and public agencies, in handling cost recovery actions, and in compelling insurance coverage for environmental liabilities.
Areas of Experience
- Environmental Regulatory Matters
- Environmental Crises
- Environmental Litigation
- Environmental Acquisitions, Financings & Brownfields Projects
- Environmental Crimes
- Environmental Insurance Recovery
- Environmental Practice: Energy Industry
- Clean Air
- Climate Change
CKR’s attorneys provide counsel and services to a broad range of clients in the areas of Legislative and Regulatory Affairs, Political Analysis, Strategic Communications, and Legal Representation.
CKR attorneys advise and advocate for our clients on a wide range of issues, including:
- Appropriations matters
- Legislative and regulatory strategies
- Draft legislation and regulation review
- Issue positioning
- Executive branch and Congressional advocacy
- Government contracts positioning
- Agency comments
- Regulatory challenges before administrative agencies and federal courts
- Political counseling
- Strategic communications
Global Policy Advocacy
Working at the Intersection of Business and Government – Locally and Globally
CKR’s global team brings together deep regulatory knowledge and public affairs experience with local insight to deliver results on a local and international level.
We help our clients to identify emerging policy risks and opportunities and to shape policy and governmental decisions to their advantage. Working at the intersection of business and government, we bring to bear policy insight and hard-edged legal arguments to deliver real results on business-critical matters. We help clients by:
- identifying and analyzing policy, legislative and regulatory proposals
- preparing submissions to government departments, agencies and regulators, including in response to formal consultation exercises
- assisting with oral advocacy in front of policymakers and legislators
- advising on the use of litigation tactics and hard-edged legal arguments as part of the policy-making process
- advising on submissions to and appearances before legislative committees and inquiries
- advising on legislative processes, drafting and interpretation.
Areas of focus
- Broadcasting and media
- Environment and climate change
- Financial services
- Food and drink
- Healthcare and life sciences
- Public infrastructure projects
CKR’s clients include, among others, public utilities, integrated oil companies, state-owned entities, independent power producers, independent oil and gas companies, petrochemical companies, refiners and marketers, project developers, financial institutions and private equity firms, service companies, and government contractors. They depend on our sophisticated understanding of the energy industry and our practical guidance to achieve their business objectives involving such matters as:
- Mergers and acquisitions
- Development and financing of projects, ranging from small-scale upgrades to greenfield projects running into the tens of billions of dollars
- Joint ventures and cross-border investment structuring
- Regulatory compliance and licensing
- Investigations and enforcement
- Strategic planning and corporate restructuring
- Complex and traditional debt and equity securities issuances
- Commercial agreements
- Transmission access
- Energy marketing and trading
- Utility ratemaking
Our teams handle sophisticated energy transactions and regulatory matters around the globe on the full range of inbound and outbound legal issues. We also engage with various national regulatory authorities. On the oil and gas side, we engage with the energy ministries and national oil companies of many major jurisdictions, including Russia, China, Venezuela, Mexico and the UAE and elsewhere. Additionally, we provide advice regarding competition law in the European Union, China, and other jurisdictions, and the application of such statutes as the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.
CKR attorneys represent clients before numerous U.S. government agencies such as the Federal Energy Regulatory Commission (FERC), the Securities and Exchange Commission (SEC), the Nuclear Regulatory Commission (NRC), the Commodity Futures Trading Commission (CFTC), and state public utility commissions, and in court proceedings at the state and federal levels in the United States.
Areas of Experience
- Electric Energy
- Energy Litigation
- Environmental Practice: Energy Industry
- Energy Transactions
- Nuclear Energy
- Oil & Gas
- Renewable Energy, Clean Technology, & Sustainability
- Solar Energy
- Wind Energy
- Clean Technology
- Commodities, Futures, Foreign Exchange, & Energy Trading
- Climate Change
Competition, EU and Regulatory
Competition and antitrust is a rapidly changing area. As well as substantial fines and damages claims, criminal offences and directors’ disqualification are now a real possibility in some jurisdictions. Our approach is to help you identify and deal with the risks across your business.
We regularly handle the most complex M&A cases, as well as advising on a very wide range of leading edge behavioral and investigatory work. Our approach is practical and commercial. We work alongside our clients day to day to ensure that their commercial strategies requirements and agreements meet competition law and we steer them through investigations when these arise.
Our practice also covers broader issues of EU law, state aid and procurement challenges, as well as contentious competition matters.
Export Controls and Sanctions
Compliance with export control and sanctions is often overlooked by companies when trading. However, the consequences of getting it wrong and exporting without the requisite export license(s) can potentially prove costly. Companies are at risk of substantial fines whilst individuals may face criminal charges and prison sentences. Equally important, is the potential impact on your business in terms of loss of reputation, contractual penalties and logistical problems. As such, it is essential that companies understand their export control and sanctions responsibilities, both nationally and internationally.
Our attorneys have appropriate technical backgrounds and regularly advise clients on export issues in the following sectors: IT; telecommunications; aerospace & defense; industrial engineering; chemical; oil & gas; and pharmaceutical.
We can assist you on matters ranging from:
- Conducting company audits to establish whether or not the company is generally compliant with export control and sanctions laws;
- Conducting internal investigations relating to alleged infringements of export control or sanctions laws;
- Confirming which transactions are likely to require licenses or other approvals and assisting you to obtain such licenses or approvals;
- Assisting you in improving your processes to increase success rates in license applications;
- Conducting due diligence and drafting appropriate warranties and indemnities in corporate transactions;
- Advising on the export of military and “dual-use” items;
- Advising on which sanctions may apply to your particular transactions;
- Preparing voluntary disclosure and engaging with relevant regulatory agencies in respect of potential infringements of applicable laws;
- Representing clients in front of international courts and tribunals;
- Providing tailored seminars and training sessions on export control and sanctions laws; and
- Developing or improving export control and sanctions compliance programmes.
We help clients with regulatory compliance assessments, compliance audits, and audit reports. We also draft compliance policies, manuals, and procedures; conduct compliance training for all relevant employees; and provide ad hoc export compliance advice. Additionally, we conduct compliance investigations; prepare voluntary disclosures; determine export jurisdiction and classification; draft commodity jurisdiction requests and classification requests; and prepare licenses, agreements, and technology control plans.
WTO Dispute Settlement
CKR attorneys advise sovereign and commercial clients on a wide array of dispute settlement, market access, and trade policy matters arising under the WTO Agreements.
Our team works with WTO Member governments and private sector interests to develop case strategies, participate in the consultations process, assist in panel composition, prepare written submissions, and present arguments before panels and the Appellate Body. CKR has extensive experience in coordinating WTO dispute settlement proceedings with related proceedings before national investigating authorities, national courts and other international dispute settlement tribunals.
CKR works closely with clients to ensure that the litigation of a particular WTO dispute is consistent with their broader objectives in the international trade arena, whether they are market access objectives, trade negotiation objectives, or positions in other international trade disputes.
Market Access Analysis and Advocacy
CKR advises clients on the use of the WTO Agreements as a means of securing commercial and market access objectives in specific markets. Our team analyzes and interprets WTO commitments, examines potential market access restrictions, and assists clients in assessing potential WTO claims. We devise market access strategies for our clients that include advocacy before government agencies (such as USTR and the European Commission), advocacy before the WTO Member government in question, the use of domestic procedures for identifying foreign trade barriers, and the judicious use of threatened WTO action.
WTO Trade Negotiations and Policy
An important element of our International Trade Policy & Strategy practice is advising clients on multilateral trade negotiations and policy developments at the WTO.
False Claims Act/Qui Tam Whistleblower
The False Claims Act is the U.S. Department of Justice’s (DOJ) weapon of choice in combating fraud against government programs. The stakes for companies or individuals accused of violating the False Claim Act are high, and the consequences can include punitive monetary penalties, exclusion from government programs, and sometimes criminal exposure as well.
CKR attorneys have the experience to help clients navigate the multifaceted issues involved with False Claims Act litigation.
CKR also has particular experience defending clients in matters relating to the qui tam provision of the False Claims Act, which entices whistleblowers to file suit on behalf of the government in exchange for significant monetary rewards—up to 30 percent of the recovered funds. A qui tam claim can trigger civil or criminal litigation, and often parallel investigations. When a qui tam suit is first filed, it is kept under seal while government attorneys investigate the allegations underlying the claim.
CKR attorneys often resolve such cases before trial, but if litigation is unavoidable, our False Claims Act clients benefit from our team of seasoned trial lawyers. We have the experience to defend our clients from allegations of civil, criminal, and administrative actions.
On behalf of whistleblowers, CKR attorneys bring:
- Qui tam cases involving Medicare fraud, pharma fraud, defense contractor fraud and other types of fraud against the government under the U.S. False Claims Act and state false claims laws.
- Securities and Exchange Commission (SEC) whistleblower claims for rewards under the Dodd-Frank Act for both U.S. and foreign citizens.
- Commodity Futures Trading Commission (CFTC) whistleblower claims under the reward program created by the Dodd-Frank Act.
- Internal Revenue Services (IRS) whistleblower claims under the IRS whistleblower reward program for those who have information about federal tax fraud and tax underpayments involving millions of dollars. We also represent tax whistleblowers in claims under state whistleblower reward programs.
FDA & Life Sciences
Pharmaceutical, medical device, biotechnology, health care, technology, food/dietary supplement, and other life sciences companies are among the most heavily regulated entities in the world. CKR’s FDA & Life Sciences attorneys serve every aspect of this specialized and intensely-regulated industry: from day-to-day advice and counseling, to managing large scale government fraud or FDA investigations and everything in between.
CKR’s FDA & Life Sciences Attorneys provide sophisticated regulatory counseling to large, mid-cap, and start-up medical device, drug, biotech, food, and tissue product manufacturers, as well as distributors, health care providers, and technology ventures. We serve the needs of these companies at every stage of the product life cycle. From early research and development, clinical testing, and product and ingredient clearance/approval, to manufacturing operations, sales and marketing, product labeling and claims, and drug pricing and reimbursement, we regularly advise FDA-and EU-regulated manufacturers, pharmacies, and investors on complex matters involving:
- Department of Health and Human Services (HHS), including
- Food and Drug Administration (FDA)
- Centers for Medicare and Medicaid Services (CMS)
- Office of the Inspector General (OIG)
- Office for Civil Rights (OCR)
- Health Resources and Services Administration (HRSA)
- S. Congress
- S. Department of Justice (DOJ)
- S. Attorney’s Offices
- Drug Enforcement Administration (DEA)
- S. Department of Veterans Affairs (VA)
- State Boards of Pharmacy
- State Attorney General Offices
- European Commission
- European Medicines Agency (EMA)
- Notified Bodies in the European Union
- European Food Safety Authority (EFSA)
- European National Competent Authorities
We conduct due diligence evaluations of medical product and food companies’ regulatory compliance for other companies, investment banks, private equity funds, and venture capital firms. Additionally, we provide regulatory expertise in complex litigation matters.
Our FDA & Life Sciences attorneys also call upon the expertise of lawyers in several related areas within the firm, particularly those in our health care industry practice as well as those in the product liability, civil and criminal litigation, mergers and acquisitions, intellectual property, international trade, government investigations and government advocacy and public policy practices.
Areas of Experience
- Pharmaceuticals & Biologics
- Medical Devices & Radiological Products
- Foods & Dietary Supplements
- Regulatory Science
- Health Industry Compliance & Government Enforcement
- Healthcare & FDA Public Policy
- Healthcare Specialty Providers & Suppliers
- Hospitals, Health Systems, & Academic Medical Centers
- Medicare & Medicaid Reimbursement & Payment
- Healthcare Technology, Privacy & Data Security
- Consumer Product Safety Commission Regulation
CKR’s attorneys have a wealth of experience in successfully representing corporations and individuals in complex federal and state criminal investigations, internal investigations and Congressional investigations, as well as in related civil and regulatory proceedings.
We recognize that, for every client, the key to mitigating possible penalties is to conduct business in a manner that is compliant with the law. For this reason, our lawyers are proactive in their approach and work with clients to adopt the necessary corporate policies and business practices to ensure that potential problems are detected and cured early. By partnering with our clients we are able to design and implement compliance programs that reduce the risks of operating in today’s business environment.
Our knowledge of the legal, regulatory, and political workings of the public procurement sector helps clients cut costs and risk in transactions, in disputes, and in strategic business planning related to government contracts.
A national leader in qui-tam or “whistleblower” matters, we represent clients in both investigations and litigation of such cases. We also help clients access government incentive and stimulus programs, such as those promoting certain energy initiatives.
Providing immigration assistance from many of our offices, we offer the international resources of a top-tier law firm and the specific skills of a dedicated immigration team.
Our interdisciplinary and collaborative relationship with other CKR practices—including Employee Benefits, Tax, and Business and Finance—allows us to deliver to clients the benefits of integrated legal resources across a broad spectrum of legal matters. We recognize the close connections between a multinational corporation’s immigration program and its other essential operations, including internal employment policies, corporate compliance and governance, and plans for expansion and corporate development.
The areas in which we provide support and counsel include:
Inbound Visas and Permanent Residence
- H-1B Visas for temporary specialty workers
- EB-5 Visas for immigrant investors
- L-1A and L-1B Visas and Blanket L Petitions for intracompany transferees
- E-1 and E-2 Treaty Investor and Trader Visas
- O-1 Extraordinary Ability Visas for scientists, researchers and others
- Training visas
- TN-NAFTA Visas for Canadians and Mexicans
- H-2B Visas for temporary workers
- Consular processing of nonimmigrant and immigrant visas
- Labor certification
- Multinational managers and executives, extraordinary ability, and outstanding researchers visas
- National interest waiver
- Due diligence for immigration aspects of corporate change
- Auditing and government (ICE) investigations
- I-9 compliance
- Corporate immigration policy development and implementation
- Social Security no-match counseling
Global Immigration Services
- Experience with key countries around the globe
- International employment law
- Program and policy development
- Keeping clients up to date about developments in immigration law
UK and EU Public Law and Policy
Our UK & EU Public Law and Policy attorneys offer an integrated service for clients, notably in heavily regulated industries such as aviation, energy, financial services, healthcare and life sciences, telecoms, tobacco and water.
We have substantial experience of acting in the most high-profile and complex administrative and public law cases before UK and European courts and tribunals. We understand the legal and commercial complexities and political sensitivities that such cases involve.
We combine our experience of contentious and non-contentious administrative and public law with deep knowledge of EU, human rights, and freedom of information law, as well as of public affairs. We also draw on regulatory and industry expertise from across the firm.
This breadth and depth of experience means that we provide integrated, strategic assistance that deploys the full range of arguments and approaches in a way that is sensitive to our client’s objectives and the political and commercial risks involved.
Our service includes advising:
- claimants, defendants and interested parties in commercial judicial reviews, statutory appeals and other regulatory and public law challenges;
- businesses and trade associations on engaging effectively with UK and EU government departments, regulators and other public bodies on regulatory and policy issues, including on the use of UK, EU and ECHR legal arguments and litigation strategies, and on responding to white papers, consultation documents and impact assessments;
- public bodies on exercising their public law functions, including on their powers and duties, on governance, on consultation processes and on how to make robust, litigation-proof decisions;
- on regulatory and policy design and drafting;
- on parliamentary processes, including legislation, select committees and inquiries; and
- on freedom of information law, including on protecting, and obtaining, sensitive information and on disputes before the Commissioner and Tribunals.
Areas of Focus
- Complaints to the European and UK Parliamentary Ombudsman
- EU and UK legislative procedures
- Freedom of information
- Human rights claims
- Judicial review
- Legislative interpretation and drafting
- Public consultation and engagement
- Public decision-making procedures, codes of practice and governance arrangements
- Public procurement challenges
- Statutory appeals
- UK administrative and public law
CKR lawyers have extensive experience in substantially all major areas of aviation law and litigation.
CKR assists our clients with transactional, regulatory, investigation and litigation matters associated with their operations. CKR also handles aircraft financing and engine and aircraft leasing.
CKR’s aviation lawyers are supported by lawyers from other practice areas including: antitrust, mergers and acquisitions, project finance, infrastructure finance and development, real estate, environmental, bankruptcy, reorganization, bankruptcy and restructuring and others.