Advocacy & Regulatory Law
What happens in Washington, state governments, and indeed local governments can complicate your business, but navigating the latest laws, policy ideas, and regulations does not have to be undecipherable or costly. The corporate and complex business team at Kitchens New Cleghorn bring their focused business acumen and deep legislative experience to bear when analyzing government activities and their potential financial impact on your business.
ASSESS FINANCIAL EXPOSURE TO LAWS & REGULATIONS IN FEDERAL & STATE GOVERNMENTS
Every businesses makes financial assumptions in its business case about laws and regulations being made and considered either in Washington by the federal government or in state legislatures, public service commissions and state agencies. Many times, however, those assumptions are not explicitly and openly stated and, worse, the assumptions have not been tested or examined.
A CEO, COO or CFO of any business can make better overall business decisions when government and its pros and cons to the business are understood. However, when a government policy changes or a government program is changed, it is unfortunately common that many business people are surprised.
Business leaders make three common financial mistakes related to politics:
- They do not systematically IDENTIFY all of the possible financial threats and opportunities that exist currently in the public policy world.
- They listen only to those lobbyists and public figures who are affirming what they already believe. They do not AUDIT the reality of what they have heard or been told.
- They do not QUANTIFY THE FINANCIAL VALUE of variable outcomes which could arise from public policy debates and issues.
It is financially smart to know that you have great lobbyists, external affairs people, and clearly articulated positions. It is financially brilliant to know the net present value of the gain to your shareholders that the political world can create or destroy.
Like every business school process to improve value, following a defined business methodology to maximize the financial value of politics and the public policy environment to your company is essential. We frankly know how to do that and how to teach you and your management to think about government more tactically and indeed strategically.
See our Financial Assessment Methodology, click below
TAKING ADVANTAGE OF OPPORTUNITIES MADE POSSIBLE BY WASHINGTON
Businesses, especially those engaged in heavily regulated industries, often do not know how much value they lose or gain because of laws and regulations and whether changes to those laws and regulations could significantly hurt or improve their bottom-line.
This is the case for businesses of any size, but it is particularly true for businesses engaged in industries overseen by a federal or state agency. Of course, as Congress continues to expand its reach, new laws and regulations are impacting many businesses that used to be relatively immune from what happens in Washington or state regulations.
KNC’s attorneys will help you figure out how your business incorporates existing laws and regulations into its business model. We will then work with your financial team to identify business opportunities that can generate more value for your company and then help unlock that value for you.
We are confident that there are significant revenue possibilities waiting for you to tap into and that KNC is the ideal partner to help make that happen.
CONCERNED ABOUT WASHINGTON DEBATING ISSUES THAT IMPACT MY BUSINESS
Whether it is health care, tax reform, reduced levels in government spending, there are many debates in Washington and in local governments that could impact your business. Waiting for the outcome of those debates can cause immense uncertainty and can be paralyzing for your business.
Some of the chatter in Washington is worth your concern, but often times many of the debates in Washington or your state are not going anywhere for a variety of political and policy reasons. KNC’s attorneys know how to sift through the noise throughout national and local government agencies and actually figure out what is happening on Capitol Hill and elsewhere.
With KNC’s insight and advice, you can eliminate a great deal of the business uncertainty caused by Washington, state governments, and local governments and move forward with what your business does best.
GOVERNMENT AFFAIRS STRATEGY
A government affairs strategy is a plan to engage in and navigate public policy debates in a way that protects and advances your interests. For any business, large and small, being prepared with the right strategy now can mean everything when lawmakers or regulators decide to take action that might adversely impact your business or when a crisis emerges.
The first step to an effective strategy is to understand how your business might adjust in response to changes in public policy. KNC will work with you to be sure you know where your vulnerabilities are and where there might be new opportunities to pursue. We will then help you craft an effective and cost-efficient strategy that minimizes the former and takes advantage of the latter.
The second step for a successful strategy is to know what information you should have available to make your case to policy makers in Washington and your local leadership. KNC will help you develop that information by identifying the facts and figures that will be integral to your arguments and then tailor that information to protect and advance your interests.
And the third step is to have the right personnel in place to execute your strategy. KNC attorneys can work with you to identify the right people or KNC can serve as an arm of your government affairs team. For example, for the fraction of the cost of a new hire, KNC can serve as your government affairs officer – executing your strategy and advising your executive team as necessary.
Effective advocacy doesn’t have to be expensive, but it does require presenting the right information to the right audience at the right time. We are prepared to be your government affairs partner and look forward to the opportunity to work with you so that your business can focus on what it does best.
INVESTIGATIONS AND INQUIRIES
If you need help responding to a federal, state, or local government inquiry or investigation, KNC attorneys can help you develop and execute a legal and media plan to be sure your interests are protected.
KNC attorneys have extensive experience leading congressional investigations and interacting with national and local media outlets. KNC attorneys understand how lawmakers and regulators approach investigations and can use that knowledge and insight to help you navigate any challenges those investigations present.
KNC attorneys also understand how investigations are reported in the press can have serious business implications, jeopardizing current and future operations. And oftentimes, how inquiries and investigations are reported in the media can have just as damaging an impact as the inquiry or the investigation itself. KNC’s experience and expertise working with the media on complex matters can help you minimize any potential reputation issues while also aggressively dealing with any legal concerns that need to be addressed.
Or, if you need to conduct an internal investigation of your organization to identify and solve potential problems while minimizing potential institutional damage, KNC attorneys can help you with that as well. The first step for any internal investigation is to uncover all the facts while maintaining utmost sensitivity for the business and all those involved. And when the investigation is complete, KNC attorneys can help you address any future problem by setting up internal guidelines and compliance measures.
Doing business with the government is a tremendous revenue opportunity for your business, but it comes with many complex rules and procedures which must be followed. KNC attorneys can help you in all phases of complex government contracting, including becoming registered as a government contractor, reviewing and responding to government procurements, and complying with applicable laws and regulations, including the federal acquisition regulations (FAR) and state laws.
Whether your business is new to field of government contracting or a long-time player, KNC attorneys have the knowledge and experience to evaluate and develop compliance programs for all government contracting needs. Our attorneys are well-versed in the myriad of governmental rules and regulations that are triggered by doing business with the government including the FARs, local agency rules, and applicable state and local laws. Whether your business is large or small, our attorneys have the expertise to develop compliance programs with all forms of government regulations including the False Claims Act, small business subcontracting programs, government audits, System for Award Management (SAM.gov) registrations, General Service Administration contracts, equal opportunity and affirmative action requirements, and defending enforcement actions by the government.
KNC attorneys also have extensive experience in reviewing, responding, and strategizing competitive responses to government procurements, including Invitations for Bids (IFBs) and Requests for Proposals (RFPs). Our attorneys have special expertise in knowing what it takes to find and win competitive solicitations. KNC attorneys also know how to protect you if a bid award goes wrong including filing and defending bid protests.
An important aspect of the group of Kitchens New Cleghorn’s attorneys is that they are familiar with what constitutes procedural and substantive due process in a governmental setting. As a result, they can better advise government officials when their decisions are likely to be upheld by courts, making it less likely that their regulations and decisions will be overturned after costly and very pubic litigation.