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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

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Achieving the Client’s Goals—A Collaborative View of the Multi-Access Government Relations Practice

Leland E. (Lee) Beck collaborates with other attorneys, law firms and professional and trade organizations on a consulting counsel basis to support their clients, and counsel his own business clients, on the rigorous technical intricacies of the Federal practice—particularly agency rulemaking and related litigation and government relations. Lee’s more than 30 years of experience in all three Branches of the United States Government provide a basis for expert consultation to other attorneys and representing clients through lobbying Congress, its Committees and Members, through the agency regulatory and enforcement process, to court review of an agency decision. Lee provides individualized project-oriented, cost-effective representation and collaboration with business clients’ in-house and retained attorneys in Federal Government relations, negotiating a client’s position with multiple Branches and agencies of the United States Government to create the most profitable outcome. He delivers solutions to problems and creates new public policy opportunities for critical infrastructures and key resources at the intersection of government, law, and business.

Lee works with attorneys as a consulting expert to support their clients (consulting counsel). He also works with private clients in an electronic environment to establish project cost and budgets.

He provides discounted, reasonable, competitive hourly rates in an electronic environment or utilizes alternative fee structures to meet law firms’ and clients’ needs, including incentive- or performance-based fees, fixed fee per deliverable / matter, capped and flat fees, and contingency fees. Lee invites his colleagues to review the Association of Corporate Counsel Value Challenge.

Within the specific area of Lee’s law practice that is the subject of this blog, Lee builds a client’s results in collaboration with in-house and retained counsel and directly as an attorney and public policy analyst. He applys broad-based knowledge and experience to a client’s relationship with the United States Government. Lee can:

  • Develop the client’s position with specific attention to the impact of Federal action (whether initiated by the Government or the client) on the client’s ability to conduct profitable business ventures;
  • Advocate the client’s position to all relevant Executive Agencies, the Executive Office of the President, and the Office of Management and Budget in public engagements, public and privileged comments, and hearings;
  • Ensure that relevant Members of Congress and Congressional Committees are aware of the client’s position, including lobbying for the implementation of Federal policies favorable to the client;
  • Assess and advise clients on the relationship between Federal, State, foreign, and international regulations, including preemption of State and local laws by Federal statutes, treaties, and regulations;
  • Develop, in conjunction with the client’s public relations support, favorable media releases, public relations, and supporting documents and positions for each stage of the relationship;
  • Develop and prosecute formal petitions for new and retrospective rulemaking to ensure that the federal agency is aware of, and responds to, the client’s needs;
  • Prepare and file public and privileged comments on rulemakings affecting the client with particular attention to advocating the client’s position to seek a favorable rulemaking result, including the coordination of economic and other supporting analyses;
  • Ensure that the agency’s actions that bear on the client comply with the law, including:
    • Administrative Procedure Act (APA) and agency procedural regulations;
    • Hybrid rulemaking procedures;
    • Regulatory Flexibility Act (RFA); with special emphasis on small business impacts in initial regulatory flexibility analysis (IRFA) and final regulatory flexibility analysis (FRFA);
    • Small Business Regulatory and Enforcement Fairness Act (SBREFA);
    • Information Quality Act;
    • National Environmental Policy Act; and
    • Executive Order 12866, Regulatory Review, and Executive Order 13563, Improving Regulations and Regulatory Review, and associated rational basis standards;
  • Facilitate or deploy appropriate regulatory and industry economists and other experts and professionals to support the client’s position;
  • Prosecute Freedom of Information Act, Information Quality Act, and Privacy Act requests and enforcement to ensure that agency information is accurate and public;
  • Develop an agency administrative record that reflects the client’s position and needs;
  • Analyze the agency’s final decision for conformity with the United States Constitution and statutory authority, and whether it is arbitrary, capricious, an abuse of discretion, or causes harm to the client not in accordance with the law;
  • Analyze and evaluate certified and uncertified administrative records and documents to ensure that Federal agencies have considered fully the client’s interests;
  • Advise clients on the availability and risks of litigation, and prepare, file, and prosecute suits in the United States District Courts to enjoin or vacate unfavorable and defective Executive action;
  • Advise clients on the availability and risks of litigation, and prepare, file, and prosecute judicial review of final agency actions in the United States District Courts and Courts of Appeals, and petitions for certiorari in the Supreme Court of the United States;
  • Assess relative enforcement risks and advise clients on management of future enforcement actions by Federal agencies; and
  • Defend clients in regulatory and civil enforcement actions commenced by agencies.