Practices

Practices

  • Administrative Law
  • Anti-Discrimination
  • Antitrust and Competition
  • Bank Regulation and Enforcement
  • Bankruptcy and Financial Restructuring
  • Broker-Dealer Compliance and Regulation
  • Capital Markets
  • Corporate Governance and Disclosure
  • Crisis Management and Strategic Response
  • Cybersecurity and Privacy
  • Emerging Company and Venture Capital
  • Executive Compensation and Employee Benefits
  • False Claims Act
  • Futures and Derivatives
  • Government Contracts
  • Intellectual Property Counseling and Prosecution
  • Intellectual Property Litigation
  • International Arbitration
  • Investigations
  • Investment Management
  • Labor and Employment
  • Litigation
  • Mergers and Acquisitions
  • Public Policy and Legislative Affairs
  • Real Estate
  • Securities Enforcement
  • Tax
  • Technology Transactions and Licensing
  • Trials

Clients entrust all facets of administrative law litigation to our team of seasoned regulatory litigators and former government officials.

For industries and professionals, regulations and orders have far-reaching effects. Our attorneys have extensive expertise challenging agency actions in court as well as defending clients in agency procedures. In a wide range of industries, we work with trade associations and large and small firms to challenge federal agency actions that go beyond statutory or constitutional bounds. We also represent parties who support agency actions that are being challenged by others, such as initiatives to deregulate.

Our law team consists of lawyers who have held high positions and have extensive expertise in regulated industries. We regularly offer consultancy at every stage of the administrative process, from establishing an initial legal strategy and formulating replies during rulemaking to litigating in federal district and appellate courts across the area and we are especially well-equipped to address novel and complex statutory and constitutional issues that occur during administrative law proceedings or resulting litigation.

Significant agency decisions are usually challenged in court, either by the regulated industry or by other parties who object to agency deregulatory measures or advocate for more stringent regulation. Parties that support agency activities that are being challenged by others frequently participate in the litigation to assist in the defense of the action in question. Parties must ensure that their interests are represented by the agency in question before litigation may proceed.

 

Discrimination allegations can jeopardize a company's ideals, image, and revenue. Sullivan Willoughby assists clients in understanding and complying with anti-discrimination laws, as well as conducting enforcement actions and investigations and litigating if misconduct allegations arise.

Businesses, NGOs, educational institutions, and government agencies are all subject to a complex system of anti-discrimination rules and regulations. These regulations are subject to rapid change, and new industries, creative products, and business practices may need clients to navigate unique interpretations. Clients are counseled on compliance, assisted in the investigation of suspected violations, and defended in enforcement proceedings and litigation by Sullivan Willoughby's extensive bench of lawyers.

Our lawyers also bring a deep commitment to the principles of equality, fairness, and inclusion, as evidenced by their leading work on marriage equality, the death penalty, voting rights, freedom of speech, housing discrimination, criminal justice, human trafficking, and immigration issues.

For a long time, Sullivan Willoughby has worked to promote legal equality, and our attorneys have considerable expertise representing clients in anti-discrimination cases in front of a range of courts and regulatory authorities.

 

We provide great insight into dealing with competitive agencies to our clients.

Sullivan Willoughby's antitrust and competition practice is one of the best in the area. We have obtained antitrust approval for hundreds of complex mergers and joint ventures, assisted clients in avoiding penalties and prison terms in several cartel investigations, and won numerous wins in private and government litigation. Many of our partners and senior counsel have worked at the highest levels of government and have extensive expertise representing clients in antitrust matters.

 

We offer advice on complex banking and financial services challenges, as well as on sophisticated consumer financial services legislation and regulations.

Clients turn to us for help with challenging issues that affect them as banks, card issuers, insurance companies, broker-dealers, mortgage lenders, student loan servicers, database operators, FinTech startups, or financial investors. Banking issues, retail financial services, prudential and international bank regulatory assistance, financial technology, and corporate transactions are all areas in which we have substantial experience.

 

For decades, Sullivan Willoughby has been on the cutting edge of complex financial restructuring and bankruptcy litigation, and policy issues.

Sullivan Willoughby's Bankruptcy and Financial Restructuring Group assists clients with the most novel and complex problems of insolvency and financial distress, from fraudulent transfer cases to hotly contested plan confirmation litigation and appellate resolution of cutting-edge bankruptcy issues to multinational restructurings. Sullivan Willoughby is at the forefront of bankruptcy-related activity across industries and locations, whether structuring transactions to avoid these issues, completing agreements to resolve them, or litigating their impact.

Our clientele is as diverse as those who are impacted by, and profit from commercial financial hardship. In financial restructurings, we represent temporary and official committees of creditors, as well as other creditors and investors. To address a wide range of bankruptcy litigation and regulation issues, we integrate our sophisticated knowledge of the bankruptcy process within the top-notch trial and appellate experience, providing our clients with the ideal team for legal representation in high-value bankruptcy and creditor rights litigation. When debtors and independent board committees experience financial difficulties, we help them reach positive outcomes. We guide buyers and other investors in financially distressed businesses, assisting them in minimizing risk and maximizing opportunity. We advise financial institutions as well as intellectual property licensors and licensees on transaction structuring to reduce the risk of specialized counterparty insolvency in financial markets, securities and commodities trading, and intellectual property. Through specialized litigation efforts, appellate advocacy as parties and as appellants, and the formulation and maintenance of corporate policies and processes, we advise clients on all aspects of bankruptcy and insolvency regulation and policy.

 

The broker-dealer team at Sullivan Willoughby uses its in-depth understanding of the regulatory landscape to assist the world's leading financial market participants.

Our broker-dealer team advises the world's largest financial market participants on a wide range of cutting-edge challenges in securities and derivatives regulation, capital markets, compliance, and enforcement.

Sullivan Willoughby's reputation in the broker-dealer industry stems from its in-depth understanding of the regulatory landscape. Our lawyers advise clients on sales and trading matters, assist in the structuring of new products and services, formulate public policy strategies, conduct internal reviews, identify and manage conflicts of interest, and advise on the development of compliance and supervisory programs, all based on their extensive knowledge of the industry and markets.

Regulatory graduates in our practice have a deep and thorough understanding of the regulatory landscape. Financial holding companies, multi-service investment banks, market makers, trade groups, national and regional brokerage houses, exchanges, and other market venues are among our clientele.

 

We use our extensive technical, market, and legal knowledge to assist customers successfully and efficiently in managing complex transactions and closing deals.

In Initial Public Offers (IPOs), follow-on public offerings, PIPE (Private Investment in Public Equity) placements, cross-border offerings, and spin-off and carve-out transactions, Sullivan Willoughby represents both issuers and investment banking companies.

Our clients vary from start-ups to publicly traded corporations, and our attorneys are familiar with the demands of complex securities transactions in a variety of industries, including health sciences and technology. No other firm is as well-positioned to immediately grasp the subject matter and execute a deal that works from the start as we are, to help our clients plan and complete the offering process successfully and efficiently.

 

We provide public company clients with timely, targeted, and practical counsel based on extensive experience and knowledge.

Sullivan Willoughby's corporate governance and disclosure expertise have been developed over many years of working as outside counsel to hundreds of public companies and directing the capital markets practice. With a multi-skilled staff, we can provide a unique combination of substantive knowledge, practical experience, and competence to our clients, resulting in significant efficiencies and real-time responsiveness.

When clients face company crises (such as an accounting restatement, cybersecurity breach, whistleblower complaint, or internal inquiry) or need guidance on key public policy concerns, our corporate lawyers rely on the firm's preeminent securities enforcement and regulatory expertise. We can help customers with disclosure, governance, and compliance challenges because of our tight collaboration, which allows us to draw on real-world, multidisciplinary expertise with similar scenarios. We collaborate extensively with customers to handle new disclosure requirements, technical compliance developments, and emerging governance.

 

Sullivan Willoughby has the unique ability to negotiate fast-moving events and design lasting solutions when legal, public policy, and media difficulties collide and an institution's reputation and business are on the line.

The Crisis Management and Strategic Response Group of Sullivan Willoughby are known for assisting firms through high-profile corporate crises. We mobilize to help clients take control of even the most difficult situations, drawing on our lawyers' extensive government expertise and industry knowledge. Our multi-pronged approach combines initial governance, communications, and procedural roadmap to ensure that an organization's actions are correct. Then we seek longer-term legislative, regulatory, or legal options to address all aspects of a problem in a coordinated manner.

 

We assist businesses in securing data, adhering to changing legislation, and responding to investigations and litigation.

We represent knowledgeable, high-profile clients in a wide range of cases, from routine to cutting-edge issues where the law is uncertain and the danger of enforcement is significant. Our internationally acclaimed team, which is made up of lawyers from several practice areas and offices, has a diverse range of experience in counseling, regulatory, litigation, enforcement, and transactional matters.

Technology firms, communications and internet providers, financial institutions, media companies, government contractors, healthcare companies, merchants, manufacturers, online service providers, social networks, e-commerce enterprises, and a variety of others are among our clientele. This diversity provides us with a broad viewpoint and allows us to recognize and address unique and difficult problems. Sullivan Willoughby's renowned strengths in dealing with sector-specific regulatory bodies at the state, federal, and international levels are also utilized in our practice.

 

We assist clients in launching their enterprises and turning their creative ideas into profitable businesses.

Sullivan Willoughby's nationally recognized Emerging Company and Venture Capital Practice has assisted thousands of entrepreneurs in successfully launching their businesses, raising capital, venture, and strategic financing, and successfully leading their businesses to sale, IPO, and market leadership. Across a wide spectrum of industries, we represent innovators, entrepreneurs, and investors. We provide strategic, solution-oriented guidance as well as an invaluable business perspective that is crucial to our clients' success. Clients can call on several skilled lawyers at any time, including our specialist corporate lawyers situated in the most active startup areas, due to our team-oriented approach to service.

 

We are lawyers with extensive expertise advising clients in a variety of industries on executive compensation arrangements as well as general compensation and benefits concerns.

Attracting, maintaining, and motivating the appropriate people is a daily challenge in top management positions and at all levels of employment. Compensation policy and practice advice from a lawyer can help you tackle these problems in a way that blends creativity and customization with best practices and ease of administration.

 

Our team has successfully represented clients in tough, high-stakes False Claims Act litigation filed by relators and the government, led by litigators who previously worked as top lawyers with the Departments of Justice and Defense.

Sullivan Willoughby brings extensive knowledge and experience to defend against False Claims Act lawsuits brought by relators and the Department of Justice, with a team of senior litigators, prosecutors, and former Justice and Defense Department lawyers. We approach each issue with a thorough knowledge of the government's goals, and we have successfully resolved several matters without filing a formal action. We have secured early dismissal or resolution of actions brought by relators utilizing precedent-setting legal defenses in the district court and on appeal in qui tam litigation.

Pharmaceuticals and healthcare, defense, government procurement, financial services, energy, and information technology are among the industries where we often represent and advise clients.

 

Sullivan Willoughby is trusted by companies facing high-stakes government and internal investigations, as well as those seeking anti-corruption risk assessments, M&A advice, and ad hoc counseling.

Our clients benefit from the expertise of our anti-corruption lawyers, who are well-versed in all facets of the sector. We represent companies and individuals on an international level, conducting internal investigations on the ground; conducting risk assessments and benchmarking; advising on strategic transactions; developing and enhancing compliance programs; providing ongoing and real-time counseling; and drafting and conducting anti-corruption training. Clients benefit from our lawyers' considerable anti-corruption experience, in addition to our strong team.

 

Our experts can help you with all aspects of futures and derivatives rulemaking, compliance, and enforcement.

The Futures and Derivatives Practice at Sullivan Willoughby advises financial market participants on all aspects of commodity futures and derivatives regulatory, transactional, and enforcement issues, such as futures exchanges and clearinghouses, commodity pools, and commodity trading advisors, swap dealers, and futures commission merchants. Banks and swap dealers seeking regulatory margin and capital advice, investment funds negotiating derivatives trading agreements, and end users seeking advice on challenges they experience in the markets are among the clients who look to us for help on cleared and un-cleared over-the-counter derivatives.

Our team tackles complicated situations involving the overlapping jurisdiction of securities and futures legislation, as well as financial market participant compliance challenges. Our enforcement team is well-positioned to defend clients in front of regulators and self-regulatory organizations when investigations and enforcement proceedings arise.

 

We offer comprehensive IP collecting, enforcement, and protection solutions.

Clients rely on us to understand how intellectual property affects their business and to apply that knowledge to maximize the value of their intellectual property. From technology, telecommunications, retail, and media to pharmaceuticals and medical devices, we provide full-service IP coverage.

Clients seek advice on patent drafting and prosecution, post-grant proceedings, trademark, copyright, and trade secret protection, and strategic IP portfolio development at Sullivan Willoughby. We also have interdisciplinary experience in technology transfer and licensing, litigation, and due diligence, unlike many firms' core IP practices. These diverse skills enable us to advise customers on commercial and legal IP strategies, as well as assess the value of existing IP portfolios and customize them to meet their needs.

 

Clients trust us to protect their most important intellectual property matters.

Clients appeal to our internationally acclaimed Intellectual Property Litigation Practice for high-quality, innovative solutions to the most difficult legal and business concerns. We have aided businesses in defending their interests in both domestic and foreign courts.

Our patent litigation team's diverse approach is valued by our clients, who range from large corporations with in-house legal departments to startups with small legal departments. We assign cases to experienced litigators and lawyers with in-depth technical knowledge who collaborate effectively with colleagues from other specialties to produce outstanding results. Clients trust us to truly grasp their discoveries and the commercial challenges around their patents because we employ lawyers with scientific and technological backgrounds.

 

We have successfully represented clients in a number of the largest institutional arbitrations and ad hoc arbitrations that have occurred in the last decade. We take pride in regularly meeting our clients' goals through effective staffing and the use of internal knowledge and precedents.

Almost every type of international arbitration is covered by our practice. Our international arbitration practice has consistently been praised for its excellent quality.

The firm's arbitration group keeps a comprehensive database of know-how and documents covering all major institutional standards and national laws. Model submissions, precedents, and research resources on procedural and substantive concerns are included. Our attorneys are also well-versed in all areas of the arbitration process, including trial advocacy and presentation.

Our lawyers also assist as arbitrators, mediators, and expert witnesses on international conflict management when necessary.

In several key areas, we have specific expertise. Disputes involving joint ventures, mergers and acquisitions, energy, construction and engineering, insurance and reinsurance, intellectual property, telecommunications, international trade, and public international law are only a few examples.

 

Investigations

We help clients manage high-stakes, complex investigations.

Sullivan Willoughby's vast experience and significant skills help companies, corporate executives, and government officials navigate internal, government, and cross-border investigations, as well as related criminal, civil, and administrative litigation and enforcement procedures.

Our attorneys combine crucial subject area expertise with an unwavering commitment to assisting clients in achieving their commercial and reputational objectives.

Internal investigations are conducted by our team on a variety of topics, including whistleblower complaints and conduct, governance and ethics assessments, anti-bribery and corruption, export/import controls, and other legal infractions. We have also worked on cases involving healthcare fraud, accounting and disclosure issues, securities trading evaluations, and code-of-conduct and compliance investigations.

In matters spanning criminal, civil, legislative, and regulatory regimes and disciplines, lawyers in our global investigations practice represent clients in internal reviews and government inquiries around the world.

 

We help clients manage high-stakes, complex investigations.

Sullivan Willoughby's vast experience and significant skills help companies, corporate executives, and government officials navigate internal, government, and cross-border investigations, as well as related criminal, civil, and administrative litigation and enforcement procedures.

Our attorneys combine crucial subject area expertise with an unwavering commitment to assisting clients in achieving their commercial and reputational objectives.

Internal investigations are conducted by our team on a variety of topics, including whistleblower complaints and conduct, governance and ethics assessments, anti-bribery and corruption, export/import controls, and other legal infractions. We have also worked on cases involving healthcare fraud, accounting and disclosure issues, securities trading evaluations, and code-of-conduct and compliance investigations.

In matters spanning criminal, civil, legislative, and regulatory regimes and disciplines, lawyers in our global investigations practice represent clients in internal reviews and government inquiries around the world.

 

Investment advisers, private fund sponsors, registered funds, and their independent trustees receive comprehensive legal and regulatory guidance from Sullivan Willoughby's Investment Management Group.

We counsel investment advisers, fund sponsors, registered investment companies, and their directors on the most sensitive and complicated regulatory, structuring, litigation, enforcement, and transactional issues. We advise clients on the complete range of legal, regulatory, and compliance challenges affecting the investment management business, based on our significant, hands-on regulatory and in-house expertise. We have assisted advisers, funds, and directors with a variety of issues, including nuanced regulatory issues, product development and new fund launches, director and adviser fiduciary duties, fund operations, fund distribution, including intermediary relationships and share class structure, compliance programs, fund adoptions and restructurings, and fund mergers and sales. Our team has also represented funds and advisers in a variety of enforcement and litigation actions.

 

For one of the most complex and heavily regulated areas of business, we offer legal insight and practical solutions.

The labor and employment team at Sullivan Willoughby has a wealth of experience navigating clients through the complex network of local, state, national, and international employment laws and regulations. We are constantly acknowledged for our realistic perspective and proactive strategy, which helps clients reduce liability and focus on their business goals. General advice, policy and contract formulation, employment law and performance management training, and litigation and alternative conflict resolution are all elements of our business. For enterprises of any size, we provide all levels of service. Our skilled attorneys offer day-to-day advice and represent clients in employment law cases before courts and administrative agencies.

We offer strategic guidance on workforce structuring, labor law compliance, traditional labor law, corporate restructuring, unfair competition, and other whistleblower claims, executive employment agreements, and the employment aspects of business transactions. Our focus in counseling and training is on putting businesses in a position to reduce the risk of claims as well as potential responsibility. When we litigate, we do so with dedication and strategy, and we have a track record of achieving good results.

Our firm takes a comprehensive approach to labor and employment law, collaborating with clients to identify areas of vulnerability early on through labor assessments and training supervisors to reduce liability.

 

In all facets of litigation, we are a global team that handles complex and sensitive situations.

Over the last several years, our lawyers have been involved in several high-profile cases around the world, including internal and governmental investigations, patent, copyright, and trademark cases, regulatory, government, and public policy disputes, securities class action lawsuits, and federal and state appeals. Clients rely on our in-depth knowledge of their industries and business objectives, pragmatic and unambiguous advice - even when dealing with complex issues, complex legal and regulatory regimes, and high-stakes decisions - and the ability to deliver practical solutions to real-world problems. We have experience in a variety of areas, including aviation, bankruptcy and commercial litigation, communications, defense and national security, government contracts, energy, environment and natural resources, financial institutions, labor and employment, technology, and trade.

 

Sullivan Willoughby provides legal guidance and business advantage to market leaders in the life sciences, technology, financial services, communications, and many other industries. Our experience varies from general populace M&A transactions and the accompanying disclosure and fiduciary duty considerations to the particular issues that arise when private companies are acquired by financial sponsors. We also represent investment banks acting as financial advisers in M&A transactions and assist clients on hostile transactions and activist investors.

 

Our regulatory team creates and implements effective strategies, produces measurable results, and has a strong grasp of policy and politics.

Clients come to Sullivan Willoughby's team of senior-level attorneys when policy, law, and business challenges collide, frequently under the spotlight of public scrutiny. The team has unrivaled knowledge and understanding of the legal frameworks, as well as the complex laws and regulations that govern their customers' sectors. This broad team has firsthand knowledge of how government works and how its actions affect customers. We recognize the value of our clients' reputations as well as their legislative and policy objectives. When our clients are dealing with complicated difficulties, we develop and implement multi-branch strategies and solutions to assist them to achieve their corporate and commercial objectives.

 

On complicated real estate projects and transactions, Sullivan Willoughby is known for its professional representation of investors, developers, landlords, renters, lenders, and institutions.

Our attorneys have a wealth of experience in real estate capital management, institutional and pension fund equity and debt investments, development and permitting, leasing, and international investment. Hotel and hospitality, office, retail, multi-family, industrial, seniors housing, energy, and distressed assets are among the real estate sectors and industries we handle. Public and private corporations, REITs, private equity funds, operators, developers, universities, and other nonprofit institutions, as well as lenders, are among our clientele. We deliver excellent service to all of our clients, as well as the creativity, insight, experience, flexibility, and responsiveness needed to help them reach their business objectives.

Our Real Estate Practice interacts with our offices, representing enterprises, institutional and private investors in all aspects of real estate transactions, both locally and internationally, since globalization has a significant impact on the real estate industry. We are also proud of our long history of pro bono work, which includes representation of low-income housing developers, homeless shelters, public land preservation trusts and foundations, and schools, and other nonprofit educational institutions.

 

From basic inquiries to complicated formal investigations, Sullivan Willoughby has a track record of success in all levels of enforcement procedures.

Our attorneys have helped large financial institutions, public and private enterprises, hedge funds, accounting firms, investment advisers, and individuals navigate the complexities of hearings and enforcement. We have had successful outcomes at every stage of the process, including informal inquiries, advocacy before final agency decision-makers, and cases that went to trial.

Securities regulations, as well as state legislation and common law, affect public and private corporations, financial institutions and financial consulting firms, accounting firms, and all those involved in the securities markets. To help clients navigate these inquiries, identify legal, regulatory, and reputational concerns, and interact strategically with relevant players, Sullivan Willoughby leverages on its extensive experience in government investigations.

We realistically collaborate with our clients, keeping their business goals in mind. We have completed a large number of investigations discreetly without taking any action against our clients. In certain circumstances, we can resolve a matter swiftly after responding rapidly to an informal government inquiry, while in others, we may be able to persuade a regulator to dismiss a case after a lengthy official investigation.

 

We are affiliated with a firm with a broad tax practice that focuses on optimizing tax efficiencies and avoiding tax risks.

Sullivan Willoughby assists clients on the tax consequences of local and foreign transactions, such as mergers, acquisitions, financings, investments, joint ventures, and restructurings, with lawyers who are widely acknowledged as prominent practitioners in the field. We have helped clients organize cross-border M&A transactions involving both private and public companies, as well as restructure stock and compensation schemes. We also represent clients in taking favorable state tax decisions, as well as defending them in tax litigation and audits.

In addition, we advise clients across all industries on executive remuneration agreements as well as compensation and benefits issues in general. We are also well-known for our work with tax-exempt organizations, and we advise them on a variety of difficulties that arise as a result of their classification.

 

To plan, prepare, and negotiate innovative and effective technology-related agreements, we draw on our technical understanding, business acumen, and legal experience.

Licensing transactions and strategic alliances can make the difference between success and failure in the highly competitive industries of biotechnology and information technology. Sullivan Willoughby's Technology Transactions and Licensing Practice attorneys, many of whom have backgrounds in computer engineering, biochemistry, and other technical fields, work closely with our corporate, licensing, intellectual property, regulatory, and tax lawyers to negotiate agreements for clients in a wide range of industries. They handle hundreds of complicated joint ventures, strategic alliances, outsourcing, and licensing deals, some of which cross international borders, and their work is frequently recognized by the industry for its impact on the future of science and technology.

 

In high-stakes trials, a persistent, powerful team brings winning strategies.

Our deep and diversified bench includes tenacious advocates ready to lead high-profile, high-stakes trials where focus, devotion, and years of experience count. We provide strategic analysis, crucial courtroom advocacy, and technical expertise, and we tackle every phase of litigation with dedication.

Members of our staff have presided over cases in some of the most difficult jurisdictions, working across offices.

The team's strength is derived in part from the bench's diversity. We can handle matters of any magnitude or subject matter, in any jurisdiction, because we have access to a broad pool of expertise across offices and disciplines. Every client has a story to tell, and we understand the importance of establishing credibility and confidence with juries in various settings and jurisdictions.