STL ACC INHOUSE- CLE The Honorable Martin Frost and The Honorable Alan Wheat May 12, 2015 The Real House of Cards.

STL ACC INHOUSE- CLE

The Honorable Martin Frost and The Honorable Alan Wheat

May 12, 2015

The Real House of Cards

Polsinelli Public Policy Group

Introductions The Honorable Martin Frost

-Former United States Congressman (1979- 2005)

-Senior Partner

The Honorable Alan Wheat

-Former United States Congressman (1983-1995)

-Public Policy Practice Chair

-Senior Policy Advisor

How a Public Policy Office Can Help Corporate Counsel

Attorneys maximize value by solving problems and minimizing risk.− Common tools include:

• Litigating• Negotiating• Developing compliance plans• Preparing regulatory filings

An Underutilized Tool: Government Relations

Legislative and regulatory changes can fundamentally alter the direction and bottom line of your business overnight

How a Public Policy Office Can Help Corporate Counsel

Public Policy Monitoring of State and Federal Legislative and Executive Branch activity.

Alternative to Expensive Litigation: Advise Counsel on when and where to interface with the federal and state government to achieve results for your company.

Assistance to corporate officials with preparation of briefing materials and arrangement of meetings with key Members of the House and Senate.

How a Public Policy Office Can Help Corporate Counsel

Identify issues affecting your business from the Legislative and Executive Branches in the near future to avoid last minute catch-up.

Help local businesses work with national trade associations to ensure that their concerns are being heard in Washington.

-National trade associations respond primarily to the members who pay the largest amount of dues.

How a Public Policy Office Can Help Corporate Counsel

Engaging in Government Relations

− High return on investment by influencing enactment or preserving statutory and regulatory provisions

− “If you’re not at the table, you’re on the menu”

Finding a Strategy that Works for Your Business

Identify your priorities− Critical laws and regulations that shape the operation of your

business− How important is this issue to your business?

Multiple issues require different approaches to form a comprehensive and effective strategy− Offense, Defense, or Neutral

Implement appropriate strategy that fits your needs.

Example: Polsinelli Public PolicyAreas of Expertise

The Honorable Martin Frost

•Energy•Taxes•Transportation

The Honorable Alan Wheat

•Health Care Industry•Health Care Providers•Coalitions•Native American Governments

The Honorable Kenny Hulshof

•Taxes•Transportation•Intercollegiate Athletic Issues for Big 12 & Member Universities

Example: Polsinelli Public PolicyAreas of Expertise

Jim Davidson

•Federal Trade Commission•Tax media-related issues

Stuart Pape• Regulations

imposed by U.S. Food & Drug Administration (FDA)

• Labeling and advertising for regulated products

Dawn Lurie

•Visa processing•Immigration compliance( Form I-9 and E-verify)•EB-5 foreign investment

Case Studies Appropriations: Martin Frost

Crisis Management

Food and Drug Administration(FDA): Stuart Pape

Federal Trade Commission(FTC): Jim Davidson and Kenny Hulshof

Health Care: Alan Wheat

Immigration: Dawn Lurie

Tax: Martin Frost and Jim Davidson

The Proactive Public Policy Route Food and Drug Administration(FDA): Stuart Pape represents and

assists clients with the development of product claims to avoid complaints to the FDA or private class action lawsuits by competitors.

Federal Trade Commission (FTC): Jim Davidson and Kenny Hulshof have represented Riddell (largest manufacturer of football helmets).

-Successfully defended against a deceptive advertising complaint filed with the FDA; successfully fought against legislation in the U.S. Senate, which limited what companies could say about their helmets and other athletic sports equipment.

Immigration: Dawn Lurie assists corporate clients in qualifying a current H1-B Visa holders to transfer to another employer. Also advises corporate clients on changes pending on immigration laws.

The Proactive Public Policy Route Tax Reform: Martin Frost and Jim Davidson represent major companies in

the energy and advertising sector on issues under consideration as part of tax reform legislation.

-Deductibility of intangible drilling costs.

-Percentage depletion of domestic independent oil and gas producers.

-Deductibility of advertising for major broadcast television networks.

Health Care: Alan Wheat represents health care providers and health care organizations.

-Sustainable Growth Rate Repeal

-ACA Implementation

-Medicare and Medicaid (CMS and CMMS)

-NIH Funding

-Biotechnology

Starring in Washington: Current Political Issues in Congress

Export-Import Bank

Fast Track Authority

Corporate and Individual Tax Reform

Appropriations

Iran Sanctions

21st Century Cures Health Care Innovation

Sustainable Growth Rate Repeal

Potential Affordable Care Act Alterations

Bio-technology

Coming Attractions:2016 Elections Control of the U.S. Senate

Control of the Presidency

Tool: The Art of DC Advocacy

About Polsinellireal challenges. real answers.SM Polsinelli is a first generation law firm serving corporations, institutions, entrepreneurs and individuals nationally. Our attorneys successfully build enduring client relationships by providing practical legal counsel infused with business insight, and with a passion for understanding how to assist General Counsel and CEOs achieve their objectives. Polsinelli is ranked 18th in number of U.S. partners* and has more than 700 attorneys in 18 offices. Polsinelli was profiled in the June 2013 issue of The American Lawyer as the fastest-growing law firm in America over a five-year period. The firm focuses on healthcare, financial services, real estate, life sciences and technology, energy and business litigation, and has depth of experience in 100 service areas and 70 industries. The firm can be found online at www.polsinelli.com. Polsinelli PC. In California, Polsinelli LLP.

* Law360, March 2014

About PolsinelliPolsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship.

Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely upon advertisements.

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