Regulatory Transactions

Weil’s Regulatory Transaction lawyers are an integral part of the Firm’s Corporate and Restructuring Departments, providing comprehensive regulatory advice in connection with mergers, acquisitions, divestitures, financings, securities offerings and disclosure, restructurings and liquidations.

Notable Representations, Key Contacts

Environmental, Health and Safety

Weil’s Environmental Transactions team has broad experience advising on the environmental aspects of all types of transactions – mergers, acquisitions, divestitures, financings, securities offerings and disclosure, restructurings, liquidations, as well as special projects involving real estate, infrastructure development, environmental and representations and warranties insurance and loan guarantees. Weil’s Environmental Transactions lawyers understand how environmental and sustainability issues impact businesses and assist clients in identifying and managing environmental risks both in the transactional context and beyond. We regularly counsel clients on the environmental aspects of ESG or sustainability-related matters potentially affecting their businesses. In addition, Weil lawyers have significant experience addressing environmental liabilities in corporate restructurings, often using novel legal strategies to reach creative solutions that benefit debtors, creditors and the public. Our lawyers regularly advise clients across the globe on the environmental matters arising in almost every industry, working seamlessly within the context of each particular matter to achieve optimal outcomes.

Foreign Investment

Weil’s Foreign Investment team helps our clients successfully navigate foreign direct investment (FDI) reviews, including those conducted by the Committee on Foreign Investment in the United States (CFIUS), as well as other regulatory processes associated with cross-border mergers and acquisitions. We are fully integrated with our M&A and Private Equity teams, allowing us to proactively identify, understand and resolve FDI issues, often during strategic development planning. We also advise U.S. manufacturers and exporters of defense articles, as well as foreign investors in the sector, regarding submissions to the State Department’s Directorate of Defense Trade Controls (DDTC), including notices triggered by transactions resulting in foreign ownership or foreign control. In addition, we counsel U.S.-based businesses regarding mandatory inbound and outbound investment reports to the Department of Commerce’s Bureau of Economic Analysis (BEA).

International Trade

Weil’s International Trade team provides compliance advice and transactional guidance regarding economic and financial sanctions administered by the Department of the Treasury’s Office of Foreign Assets Control (OFAC); export controls, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR); international procurement and investment restrictions; and import/customs, anti-boycott and other international trade laws and regulations. We advise clients regarding international trade issues and risks that arise during significant transactions and in the ordinary course of business and with respect to the submission of voluntary disclosures; license, registration and classification requests; and blocked property and other reports to OFAC, DDTC and the Commerce Department’s Bureau of Industry and Security (BIS).

Financial Regulatory

Weil’s Financial Regulatory team advises clients regarding the Foreign Corrupt Practices Act (FCPA) and other anti-bribery and anti-corruption laws, sanctions, anti-money laundering laws and regulations and associated commercial and reputational considerations. We also counsel clients regarding various federal and state consumer financial regulatory regimes that apply to sales finance companies and other lenders, companies that handle and must report and escheat abandoned and unclaimed property, money transmitters and other money services businesses and other covered financial institutions. We regularly provide financial regulatory guidance to strategic and private equity buyers and sellers during mergers and acquisitions, to banks and other financial institutions in their roles as lenders and underwriters, to borrowers and issuers and to investors in and managers of public and private funds. Our Financial Regulatory team also assists clients with the implementation and strengthening of compliance policies and procedures and during internal and governmental investigations.

Government Contracts

Weil’s Government Contracts team advises on transactions and compliance matters involving companies providing products and services to agencies at all levels of government, whether as prime contractors or as subcontractors. Our team has extensive knowledge of the complex nature of transactions involving such companies, including managing anti-assignment restrictions, novations and issues posed when the acquisition involves a small business or minority business enterprise subject to the nuanced affiliation regulations of the Small Business Administration (SBA) or other governmental programs. In addition, any acquisition by non-U.S. buyers of a contractor holding a facility security clearance must mitigate potential Foreign Ownership, Control or Influence (FOCI) through a mitigation agreement approved by the Defense Counterintelligence and Security Agency (DCSA) or one of its counterpart agencies. We have represented a wide range of companies with transactions subject to the FOCI mitigation process, including handling the due diligence phase, coordinating with the CFIUS team (described above) and implementing FOCI mitigation measures.

Product Safety Compliance

Weil’s FDA Regulatory team advises on a wide range of administrative and regulatory compliance matters for companies subject to the jurisdiction of the Food and Drug Administration (FDA), including manufacturers and importers of food, drugs, medical devices, cosmetics, dietary supplements, animal food and drugs, ingredients and packaging and labeling or regulated products. We also provide counseling to clients regarding other safety-related government agencies, including the Consumer Product Safety Commission (CPSC), the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and the U.S. Department of Agriculture (USDA).

Insurance Transactions

Weil’s Insurance team has broad experience with respect to all aspects of management liability insurance, inclusive of directors’ and officers’ liability, fiduciary liability, professional liability and employment practices liability. We assess risk factors and insurance-related issues pertaining to mergers and acquisitions, initial public offerings (IPOs), Special Purpose Acquisition Corporations (SPACs) and de-SPAC transactions. In addition, we provide advice to entities in bankruptcy or restructuring situations with respect to how insurance programs operate in such scenarios. We also coordinate placements of Representations and Warranties insurance programs in conjunction with mergers and acquisitions, Tax Liability insurance programs and Litigation Risk insurance programs. We assist with resolution of claims, keep abreast of all significant insurance industry developments on a global basis and advise on innovative insurance products that transfer risk in an efficient manner.

Key Contacts

Annemargaret Connolly

Annemargaret Connolly

Partner

Washington, D.C.


Shawn Cooley

Shawn B. Cooley

Partner

Washington, D.C.


Jenine Hulsmann

Jenine Hulsmann

Partner

London, Brussels


Niklas Maydell

Niklas Maydell

Partner

Brussels, London


Kevin J. Sullivan

Kevin J. Sullivan

Partner

New York

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Clients note that the Firm is “top-notch”

Chambers USA 2021

Ranked Band 1 for Environment: Mainly Transactional in D.C.

Chambers USA 2021

Named a “Leading” Firm for International Trade

Legal 500 US 2021

Ranked Tier 1 for Environment: Transactional

Legal 500 US 2021

Environmental Head Annemargaret Connolly Ranked Band 1 for Environment: Mainly Transactional in D.C.

Chambers USA 2021

Regulatory Partner Shawn Cooley Named a “Leading” Lawyer for International Trade: CFIUS Experts

Chambers Global 2022 and Chambers USA 2021

Awards and Recognition, Speaking Engagements, Latest Thinking, Firm News & Announcements

Awards and Recognition

Speaking Engagements

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