WilmerHale is a leading, full-service international law firm with 1,000 lawyers located throughout 13 offices in the United States, Europe and Asia. Our lawyers work at the intersection of government, technology and business, and we remain committed to our guiding principles of:
Administrative Law
Clients rely on our team of experienced regulatory litigators and former government officials to handle all aspects of administrative law litigation.
Regulations and orders issued by federal agencies, as well as other actions taken by agencies and agency officials, have monumental consequences for American businesses and professionals. Our attorneys have substantial experience both litigating challenges to agency actions under the Administrative Procedure Act (APA) or otherwise and representing clients in agency proceedings. We work with trade associations and large and small businesses in a wide range of industries to challenge federal agency actions that transgress statutory or constitutional limits. We also represent parties that support agency actions—including decisions to deregulate—that are challenged by others.
Our team includes lawyers who have served in senior positions at a broad range of federal agencies—including the Department of Justice, the agency tasked with defending challenges in court—and have substantial knowledge of and experience in specific regulated industries. We regularly advise clients at every stage of the administrative process—from developing initial legal strategy and drafting comments during the rulemaking process to litigating in federal district or appellate courts across the country—and we are particularly well equipped to address novel and complex statutory and constitutional issues that arise during administrative law proceedings or resulting litigation.
Bank Regulation and Enforcement
Counseling clients on challenging banking and financial services issues and complex consumer financial services rules and regulations.
Clients look to us for assistance with complex matters that impact them as banks, card issuers, insurance companies, broker-dealers, mortgage lenders, student loan servicers, database operators, FinTech firms or investors in the financial sector. We have extensive experience in banking controversies, retail financial services and the Consumer Financial Protection Bureau (CFPB), prudential and foreign bank regulatory advice, financial technology, and business transactions.
Foreign Investment in the US (CFIUS)
We have successfully handled a number of the most challenging CFIUS cases on record.
WilmerHale has extensive experience advising clients on US foreign ownership restrictions and, in particular, providing representation in the clearance of proposed business combinations potentially affecting national security—the review process conducted by the interagency Committee on Foreign Investment in the United States, or CFIUS, under the Exon-Florio provisions of the Defense Production Act of 1950, as amended by the Foreign Investment and National Security Act of 2007. Chambers USA: America’s Leading Lawyers for Business recognized the firm’s CFIUS practice in its 2019 edition, noting the practice is highly skilled in the CFIUS review process.
Tax
A deep and diverse practice focused on maximizing tax efficiencies and minimizing tax risks for clients nationally and internationally.
With lawyers who are recognized globally as leading practitioners in the field, WilmerHale advises clients on the tax implications of domestic and international transactions, including mergers, acquisitions, financings, investments, joint ventures and restructurings. We have structured US and cross-border M&A transactions involving both private and public companies and assist with restructuring of equity and compensation plans in connection with these deals. We also represent clients in seeking favorable guidance and rulings from the IRS and state tax authorities, and defend them in tax litigation and audits.
Government Contracts
Bringing significant depth and critical experience to government contracting matters.
Our team of highly skilled lawyers is led by a former General Counsel of the Department of Defense and the Central Intelligence Agency and a former manager of the in-house litigation/bid protest group for a multinational government contractor. Drawing on our many years of experience in government, in-house and private practice, we combine technical know-how with creative lawyering to help clients navigate the complex world of federal procurement and other government transactions. We counsel a diverse range of clients on issues arising in the pursuit or performance of government contracts, including contract negotiations, intellectual property rights, commercial item status, flow down clauses and GSA Schedule compliance. We offer pre-eminent experience on key national security areas affecting government contractors, such as cybersecurity; foreign ownership, control and influence; and export and defense trade controls.
Capital Markets
Leveraging our sophisticated technical, market and legal experience to help clients effectively and efficiently manage complex transactions and get the deal done.
WilmerHale represents both issuers and investment banking firms in initial public offerings (IPOs), follow-on public offerings, PIPEs (private investments in public equity) and other private placements, cross-border offerings, Rule 144A offerings, and spin-off, carve-out and SPAC transactions. We are one of the world’s premier law firms for IPOs, and have led the eastern United States in handling IPOs—as both issuers' and underwriters' counsel—over the past 25 years. In 2020, we handled more than 75 public offerings and Rule 144A placements raising approximately $38 billion, for leading companies in life sciences, technology, financial services, communications and other industries. Since 2010, we have served as counsel in approximately 425 public offerings and Rule 144A placements with total proceeds in excess of $220 billion. Our clients range from emerging companies to established public companies and our lawyers understand the unique demands of complicated securities transactions across industries. We help our clients plan and complete the offering process effectively and efficiently, and no other firm is as well positioned to quickly grasp the subject matter and execute a deal that works from the start.
Intellectual Property Counseling and Prosecution
Providing comprehensive solutions for the acquisition, enforcement and protection of IP.
Clients depend on us to understand how intellectual property relates to their business, and to use that knowledge to help them fully realize the value of their intellectual property. We offer full-service IP coverage across industries, from technology, telecommunications, retail and media to pharmaceuticals and medical devices.
Clients come to WilmerHale for counseling on patent drafting and prosecution; post-grant proceedings; trademark, copyright and trade secret protection; and strategic IP portfolio development. But unlike many firms’ core-IP practices, we also offer interdisciplinary experience in technology transfer and licensing, litigation, and due diligence. These comprehensive abilities make us uniquely positioned to counsel clients on business and legal IP strategies, analyzing the value of existing IP portfolios and tailoring them to match our clients’ needs. WilmerHale is also positioned to help with IP challenges around the globe. Our lawyers include IP litigators and international trade lawyers with global experience in navigating complex international IP issues.
Cybersecurity and Privacy
We help companies protect data, comply with evolving regulations, and respond to investigations and litigation.
We represent sophisticated, high-profile clients on a wide range of challenges—from routine matters to cutting-edge issues where the law is unclear and the enforcement risks are high. Our internationally recognized team, composed of lawyers from different practice areas and offices, possesses a mix of counseling, regulatory, litigation, enforcement and transactional knowledge.
Real Estate
WilmerHale is renowned for its sophisticated representation of investors, developers, landlords, tenants, lenders and institutions on complex real estate projects and transactions.
Our attorneys have extensive experience in real estate capital management, institutional and pension fund equity and debt investment, development and permitting, leasing and foreign investment. We cover the spectrum of real estate sectors and industries, including hotel and hospitality, office, retail, multi-family, industrial, seniors housing, energy, and distressed assets. Our clients include public and private companies, REITs, private equity funds, operators, developers, universities and other nonprofit institutions, and lenders. For all of our clients, we provide unsurpassed service and the creativity, insight, experience, flexibility and responsiveness to achieve their business goals. Our practice is also supported by colleagues in our Tax, Litigation, Securities, Labor and Employment, Bankruptcy, and Environmental Groups.
Bankruptcy and Financial Restructuring
WilmerHale has been at the forefront of complex financial restructuring and bankruptcy litigation and policy matters for decades.
From billion-dollar fraudulent transfer cases, hotly contested plan confirmation litigation and appellate resolution of cutting-edge bankruptcy issues to multinational chapter 11 restructurings, WilmerHale’s Bankruptcy and Financial Restructuring Group helps its clients confront the most novel and complex problems of insolvency and financial distress. Whether structuring transactions to avoid these problems, closing transactions to address them, or litigating their effects, WilmerHale is on the leading edge of bankruptcy-related practice across industries and geographies.
Litigation
A global team handling highly complex and sensitive matters in all aspects of litigation.
Our lawyers have played an integral role in many of the most significant cases across the globe over the past several years, including internal and governmental investigations; patent, copyright and trademark cases; regulatory, government and public policy disputes; securities class action lawsuits; and federal and state appellate cases. Clients rely on our strong understanding of their industries and business goals, pragmatic and clear advice—even in the midst of complicated issues, complex legal and regulatory regimes, and high-stakes decisions—and ability to deliver practical solutions to real-world problems. Our cases and achievements cut across the litigation spectrum, and we have experience across industries, including aviation; bankruptcy and commercial; communications; defense and national security; government contracts; energy, environment and natural resources; financial institutions; labor and employment; technology; and trade.
Labor and Employment
We provide legal insight and practical solutions for one of the most complex and highly regulated areas of business.
WilmerHale’s labor and employment team guides clients through the ever-changing web of local, state, national and international employment laws and regulations. We are consistently recognized for our practical perspective and preventative approach, which helps clients minimize liability so they can stay focused on their business objectives. Our practice spans four broad areas: general counseling; drafting of policies and contracts; employment law and performance management training; and litigation and alternative dispute resolution. We offer all levels of service for businesses of any size. Our accomplished attorneys provide day-to-day counseling and handle employment law claims in courts and administrative agencies across the United States, while our Human Resources Services Group—made up of skilled non-lawyer consultants—offers a range of cost-effective human resource business solutions for small and mid-sized companies often in tandem with our attorneys’ legal guidance.
