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Major corporations and other entities must advocate before and engage with Congress and federal agencies to help achieve their business objectives. However, in this area, as in all others, they must understand the legal and regulatory environment. The ethical outreach to government officials is governed by a complex set of laws, regulations, and rules full of landmines for unwary and well-meaning organizations. Adding to this complexity is the inconsistency in the patchwork of rules existing at the federal, state, local, and agency level, as well as among foreign governments. Restrictions governing ex parte communications during rule-makings and procurement challenges, prohibitions on gift-giving, lobbying disclosure requirements, restrictions on political campaign contributions and political participation, revolving door restrictions, and rules governing the negotiation of post-service employment create an intricate legal environment for those who would strive to lawfully impact, or do business with, federal, state, and local governments. Companies and individuals must pay close attention to the restrictions on holding employment discussions with current government officials, the rules that may limit the functions that former government officials can perform on behalf of private sector employers, and the prohibitions that may foreclose a company from retaining a former government employee. In this environment, even the most scrupulous organizations may find themselves in the net of a government investigation or battling headlines alleging some sort of impropriety.

A limited number of firms understand the legal and regulatory rules that govern dealing with government. Crowell & Moring routinely advises clients large and small in developing programs designed to achieve compliance with the Procurement Integrity Act (PIA), Foreign Corrupt Practices Act (FCPA), U.K. Bribery Act, Lobbying Disclosure Act (LDA), Foreign Agents Registration Act (FARA), federal election laws, and myriad other government ethics rules and regulations. We have a deep bench of attorneys with prior government experience serving in the highest offices of executive branch agencies, as counsel to members of Congress, or as principal ethics advisors, and agency ethics officials. Our advice is uniquely informed by decades of experience navigating clients through congressional and executive branch investigations in areas of public corruption and procurement fraud. Although we routinely handle investigations of the highest profile, we know that inquiries that don’t result in indictment, or that never make the headlines, nonetheless may cost a client dearly and divert precious resources. For this reason, in interpreting the law, we keep a constant eye on the client's valuable reputation, its primary mission, and its bottom line. 

Crowell & Moring's attorneys integrate government ethics into the fabric of client representation. They understand that in today’s legal, investor-driven, and media-driven environment, it is important not only to say you do the right thing, but to actually do it and be seen as doing it. Our Government Ethics, Political Law and Lobbying Compliance team can provide informed advice and representation born of real experience.

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"The Role of the White House in the National Defense Authorization Act (NDAA) Legislative Process," The George Washington University Law School, Washington, D.C. (July 11, 2019). Speaker: Robert A. Burton.
"Ethics and Compliance Programs and How to Stay Out of Trouble," The Coalition for Government Procurement, Washington, D.C. (June 5, 2019). Speaker: Robert A. Burton.
"Acquisition Reform and Proposed Changes to the United States Bid Protest Process," Canadian Procurement Lawyers Group, Ottawa, Canada (May 28, 2019). Speaker: Robert A. Burton.
"Update on the Trump China Tariffs - What is Going On?" Crowell & Moring Webinar (May 17, 2019). Presenters: James G. Flood, John B. Brew, Aaron Marx, Clark Jennings, W. Scott Douglas, and Tim Shadyac.
Annual MHA Summit Highlights Tech Innovation, Drug Pricing Models Specialty Pharmacy Times (March 27, 2019)
In the News
"2019 16th Annual MHA Business Summit," Federal and State Legislative Update, Las Vegas, NV (March 8, 2019). Presenters: James G. Flood and W. Scott Douglas.
Government Affairs – Congressional Influence on Rulemaking is on the Rise (February 27, 2019). Contributors: Jim Flood and Byron Brown.
Crowell & Moring Releases 2019 Regulatory Forecast: What Corporate Counsel Need to Know for the Coming Year (Feb.27.2019)
Firm News/Announcement
"Divided Government: What the Democrats’ Control of the House of Representatives Means for Congressional Investigations and Business in 2019," Crowell & Moring Webinar (January 31, 2019). Speakers: Kelly T. Currie, James G. Flood, Paul M. Rosen, Byron R. Brown, and Danielle Rowan.
"Overview of Government Contracts Laws, Regulations and Policies," George Mason University, Fairfax, VA (January 24, 2019). Speaker: Robert A. Burton.

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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