Helping Clients Navigate Federal Rulemaking & Drive Favorable Policy in a Global Regulatory Landscape

Shifts in policy can happen fast. Federal agencies increasingly rely on the issuance of guidance and interpretive letters, as well as their traditional rule-making authorities to reshape the regulatory landscape. To effectively address the rapidly evolving terrain, it’s important to monitor federal agencies vigilantly, to appreciate when they might be foreshadowing imminent policy action in a letter of interpretation, to recognize how they use preamble language to suggest future regulatory action, and to read between the lines when agency officials make public remarks.

Led by Jonathan Rackoff, in partnership with Nathan Frey of the RSS Group LLC, Marten’s regulatory team offers clients internationally recognized expertise in U.S. domestic regulatory policy, international regulatory cooperation, and regulatory reforms designed to improve market access and enhance global competitiveness. Both Mr. Rackoff and Mr. Frey bring experience from the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA), including regulatory process expertise and specialized subject matter knowledge on a broad array of issues.

Our technical experience gives us the ability to review and critique Regulatory Impact Analyses (RIA) i.e., the economic underpinnings of most proposed rules, required under Executive Orders and OMB Circulars. When federal agencies rely on faulty or uncertain data in a way that materially impacts our clients' businesses, Marten and RSS Group can help estimate the potential costs and identify policy alternatives to improve outcomes for you. However, to effectively influence the policy making process, it’s not enough to identify challenges that proposed rules may impose. Successful federal outreach means developing and articulating clear and well-defined alternatives. Because federal policy development is now highly technical, specialized, and evidence-based, effective arguments to federal regulators require code-switching to a complex and often unfamiliar language. When agencies issue proposed rules or publish guidance documents on their websites, we provide our clients with a clear overview of what new policies mean, analyze their potential significance and craft alternatives that advance our clients’ goals.

When an agency proposes a new rule that can potentially alter an industry or business sector, merely objecting to any form of new regulation almost never yields desirable outcomes. We facilitate successful strategies for our clients by bridging the executive and legislative processes and identifying and working with advocacy groups with aligned policy interests. 

Collectively, Marten and RSS Group bring years of experience to developing regulatory alternatives to assist our clients in building successful federal advocacy campaigns.

Capabilities:

  • Regulatory intelligence and surveillance
  • Policy Analysis and Development
  • Strategic Planning and Empirical Modeling
  • Federal Rulemaking Process and Procedure
  • Cost Benefit Analysis
  • Public Comments
  • Coalition Building
  • Legislative Advocacy
  • Executive Branch Advocacy
  • Domestic Regulatory Reform
  • International Regulatory Reform
  • Crisis Communications and Media Planning

Helping businesses navigate a changing environment—from high-stakes litigation, to government action, to strategic infrastructure & tech deals.

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