GOVERNMENT RELATIONS & REGULATORY

Government regulations are often complex, and companies face new challenges each time the rules change. At Nixon Peabody, we can help companies navigate the rules and regulations that govern their industries. We understand how government works, so we know where to look for opportunities that can help open doors for growth, innovation, and profits. From compliance to legislative advocacy, our full-service government relations solutions can provide an effective tool for advancing a client’s business objectives.

Nixon Peabody’s Government Relations & Regulatory practice offers the combined knowledge, experience, and connections of more than 50 attorneys and professionals, many with backgrounds working for the agencies or legislative bodies governing our clients. Our team includes a former member of Congress and attorneys who worked in various regulatory agencies, including the Internal Revenue Service (IRS), the Department of Housing and Urban Development (HUD), the Food and Drug Administration (FDA), Federal Trade Commission (FTC), and the Securities and Exchange Commission (SEC), as well as state and local governments such as the Commonwealth of Massachusetts’ Revenue Commission and New York State Division of Housing and Community Renewal.

From our vantage point in Washington, DC, and in commercial centers across Europe and Asia, we stay on top of legislative and political developments that affect our clients. We help companies anticipate, navigate, and comply with the myriad regulations, large and small, that govern their industries, including those concerning housing, real estate and public finance, energy, environmental, health care and hospitals, higher education, life sciences, government contracts, tax and tax credits, and labor and employment. Whether a client needs a voice in Congress or before a local administrative board, we advocate wherever needed for legislative or policy change that aligns with a client’s business strategy.

Thought Leadership/Alerts

High Volume Hydraulic Fracturing and Home Rule: The Struggle for Control
May 3, 2013

Webinar Recording: EPA: What will the next four years bring?
Originally recorded April 25, 2013 | April 29, 2013

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Step carefully when making campaign contributions: DOJ and FEC continue to prosecute improper contributions
Inside The Beltway | March 20, 2013

Webinar Recording: The First Amendment and Off-Label Promotion: Understanding the Implications of U.S. v. Caronia
Originally recorded December 5, 2012 | December 6, 2012

The new "Green Guides": Federal Trade Commission's guidance for avoiding deceptive marketing claims
Legally Green Alert | October 31, 2012

Webinar Recording: Knock Knock: Are you Prepared When the FDA Shows Up at Your Door?
Originally recorded September 27, 2012 | October 2, 2012

NLRB's final rule requiring private sector employers to post Notice of Employee Rights delayed until January 31, 2012
Inside the Beltway | October 5, 2011

Food Safety Legislation Signed Into Law
Food Safety and Litigation Alert | January 6, 2011

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Press

Former U.S. Senator Scott Brown Joins Nixon Peabody LLP
March 11, 2013

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Media Clips

Eastern States, DC Sue EPA Over Exemptions on Cross-border Power Plant Emissions
SNL Power Daily | May 7, 2013
Rochester partner and leader of the firm’s Energy & Environmental practice Scott Turner discusses a pending lawsuit against the Environmental Protection Agency over the agency’s move to exempt states at least temporarily from addressing in their implementation plans power plant emissions degrading air quality outside their borders.
FDA Cracking Down on Compounders at Historic Pace
Law360 | April 22, 2013
Washington, DC, health services and life sciences partner Areta Kupchyk provides commentary in this feature article discussing the U.S. Food and Drug Administration’s efforts to police the compounding pharmacy sector.
Where the Votes are in Boston
CommonWealth | April 9, 2013
This contributed article co-authored by Boston Real Estate partner Larry DiCara focuses on how voting power in Boston has shifted geographically over the past decade.

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Mass. Officials See N.Y. Ruling as Impetus for Congressional Action on Online Sales Taxes
Boston Globe | April 2, 2013
Boston Public Finance counsel Navjeet Bal, former commissioner of revenue for the Commonwealth of Massachusetts, discusses a recent New York court ruling requiring online retailers to collect state sales tax and its impact on Massachusetts and national scale.
Medical Apps Get the Once Over from the FDA
Marketplace | March 29, 2013
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk discusses mobile medical apps and the FDA’s guidelines for approval.
Health-Care Lawyers Join Nixon Peabody in Albany Office
Bloomberg News | March 28, 2013
This coverage highlights the arrival of Albany Health Services partners Phil Rosenberg and Laurie Cohen.
Nixon Peabody Boosts Albany Team as NY Health Field Shifts
Health and New York Law360 | March 28, 2013
This article profiles new Albany Health Services partners Laurie Cohen and Phil Rosenberg.
FDA Seeks to Damp Criticism Over Mobile Health App Proposals
Reuters | March 21, 2013
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk discusses the U.S. Food and Drug Administration’s plans for regulating certain health care apps used on smartphones and tablets.
Opinion: Revisiting the Ethical Road Not Taken
Roll Call | March 19, 2013
This column, authored by Washington, DC, Government Relations & Public Policy counsel Doug Dziak, discusses the divergent paths of the Senate and House ethics committees.
Ex-U.S. Senator Scott Brown Joins Nixon Peabody Law Firm
Bloomberg BusinessWeek | March 11, 2013
The news of former U.S. Senator Scott Brown's arrival is highlighted in this article. It is noted that Mr. Brown will join the firm's Government Relations & Public Policy practice and will work alongside other political and government officials at the firm, including Tom Reynolds, a five-term U.S. congressman who leads the firm’s Government Relations practice.
Former Senator Scott Brown Joins Nixon Peabody as Counsel
National Law Journal | March 11, 2013
This feature story notes the arrival of former U.S. Senator Scott Brown. CEO and managing partner Andrew Glincher is quoted noting that the firm is entrepreneurial and innovative and that Mr. Brown is a problem solver and will be a good fit with the firm's existing team.
Former Senator Scott Brown to Join Nixon Peabody
The New York Times | March 11, 2013
This article highlights the arrival of former U.S. Senator Scott Brown who joined the firm as counsel in the Boston office.
Bloomberg's Washington Footprint Explodes
POLITICO | January 29, 2013
The article highlights New York Mayor Bloomberg’s efforts in the battle for billions of federal dollars in Hurricane Sandy relief. Washington, DC, senior strategic policy advisor and leader of the firm’s Government Relations practice Tom Reynolds is identified along with former Mississippi Gov. Haley Barbour as lobbyists working for Mayor Bloomberg.
FDA's Authority to Regulate Pharmacy Compounding: Who's Responsible?
Corporate Compliance Insights | January 16, 2013
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk authored this column on the enforcement authority of the Food and Drug Administration (FDA) to regulate the creation of a particular pharmaceutical product to fit the unique needs of a patient.
Hot Market, Cool Reactions
Boston Business Journal | November 30, 2012
Boston Energy & Environmental partner Ruth Silman discusses the state of solar development in this feature article on Massachusetts’ green-energy sector.
New ‘Green Guides' Set Rules for Environmental Marketing
Rochester Business Journal | November 23, 2012
This column, co-authored by partner Jeff LaBarge, Chief Sustainability Officer Carolyn Kaplan, and associate Alison Torbitt, discusses new “Green Guides” from the Federal Trade Commission.
FDA Marketing Rules Stretch to Drugmakers' Media Pitches
Law 360 | November 13, 2012
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk comments on the standard practice of the U.S. Food and Drug Administration to reprimand companies for any marketing efforts that seem to be unfair or misleading regardless if they are directed at consumers or the media.
4 Decades After Clashes, Boston Again Debates School Busing
New York Times | October 5, 2012
Boston partner and former Boston City Councilor Larry DiCara is quoted in this feature story addressing Boston’s efforts to reduce its reliance on busing in a school system.
Report: New Mass. law may hurt hospital margins
Modern Healthcare | September 10, 2012
Boston counsel Jim Vallee provides commentary in this article discussing the new cost-containment law in Massachusetts.
Contractors Wary as DCAA Seeks More Internal Documents
Washington Post | September 10, 2012
Washington, DC, commercial litigation and government contacts counsel Vince Napoleon provides third-party commentary in this article on the new guidance issued by the Defense Contract Audit Agency (DCAA) meant to help its auditors access contractors’ internal documents.
Handling an FDA inspection: Dos, Don'ts and When to Call a Lawyer
Corporate Compliance Insights | August 20, 2012
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk authored this column discussing how to handle a facilities investigation by the Food and Drug Administration.
Drug, Device, and Biotechnology Manufacturing Requirements
Corporate Compliance Insights | July 2, 2012
This contributed article, authored by Washington, DC, Health Services and Life Sciences partner Areta Kupchyk, discusses the importance of compliance with current good manufacturing practice regulations established and enforced by the Food and Drug Administration.
Off-Label Communications: The FDA's Proposed Approach
Product Liability Law & Strategy | July 1, 2012
This article, authored by Washington, DC, Health Services and Life Sciences partner Areta Kupchyk and Buffalo Products associate Tracey Ehlers, discusses the Food and Drug Administration guidance addressing how drug, biologics, and medical device manufacturers should respond to unsolicited requests for off-label information, including—for the first time—communications via the Internet and social media.
Comment: FDA's Draft Guidance on Social Media and Off-Label Communications
Bloomberg BNA Social Media Law & Policy Report | June 19, 2012
Washington, DC, Life Sciences and Health Services partner Areta Kupchyk authored this article discussing the Food & Drug Administration’s long-awaited draft guidance on off-label use communications by drug, biologics, and device companies including, specifically, electronic communications using the Internet and social media.
The Park Doctrine and AIP: Two Little-Known But Powerful FDA Enforcement Tools
Corporate Compliance Insights | April 17, 2012
Washington, DC, Health Services and Life Sciences partner Areta Kupchyk authored this column addressing two enforcement tools used by the Food and Drug Administration (FDA) in response to violations.
FDA’s Draft Guidance on Social Media and Off-Label Communications
Bloomberg BNA | January 25, 2012
This contributed article, authored by Washington, DC, Health Services and Life Sciences partner Areta Kupchyk, discusses the draft guidance issued by the FDA about off-label use communications by drug, biologics, and device companies including, specifically, electronic communications using the Internet and social media.