Regulatory drafting and advocacy
Government regulation shapes business in ways too numerous to count. From employment practices to environmental regulations to industry-specific rules, each of our clients operates within a complex framework. When problems arise, the disruption to our clients' operations and strategic plans can be significant and frustrating.
Our attorneys have broad experience in the regulatory arena. Attorney Scott North recently returned to the firm from service as Ohio Governor Strickland’s Special Representative on Regulatory Reform, where he led Governor Strickland’s effort to develop sweeping regulatory reforms in rule review, rulemaking, rule implementation and rule adjudicatory processes. Attorney Jim King began his legal career in government, serving in the Office of the Secretary of the Army. This experience from within gives us insight into the approaches and arguments that are most effective for advancing interests.
Our work on behalf of clients in the regulatory area includes:
- Meeting with agency personnel to resolve problems
- Draft proposed administrative rules, regulations and guidelines
- Prepare public comment regarding proposed regulatory enactments
- Draft and pursuing regulatory reform legislation
- Prepare educational materials for agency and public consumption
- Testify before rulemaking bodies and the Ohio Joint Committee on Agency Rule Review
- Challenge proposed rules before legislative review committees
- Appeal rule issues to appropriate administrative review bodies and courts
We also help protect interests when our clients are drawn into administrative proceedings. We pair our understanding of the procedural rules governing administrative matters with deep knowledge of the legal and practical issues that are in dispute, as well as the range of industries in which these disputes occur. In particular, we:
- Build an administrative evidentiary record
- Obtain production of relevant agency documents
- Present lay witness testimony
- Identify and present expert witness testimony
- Seek appropriate relief from the courts, including mandamus actions
- Explore possible informal resolutions
- Argue administrative appeals
- Challenge rules at the legislative review level
Quite simply, every step we take is designed to implement solutions that allow our clients not only to comply with the regulations that affect their business, but also to grow and thrive.