STL ACC INHOUSE- CLE The Honorable Martin Frost and The Honorable Alan Wheat May 12, 2015 The Real House of Cards

Polsinelli Public Policy Group

Introductions  The Honorable Martin Frost -Former United States Congressman ( ) -Senior Partner  The Honorable Alan Wheat -Former United States Congressman ( ) -Public Policy Practice Chair -Senior Policy Advisor

How a Public Policy Office Can Help Corporate Counsel  Attorneys maximize value by solving problems and minimizing risk. − Common tools include: Litigating Negotiating Developing compliance plans Preparing regulatory filings  An Underutilized Tool: Government Relations Legislative and regulatory changes can fundamentally alter the direction and bottom line of your business overnight

How a Public Policy Office Can Help Corporate Counsel  Public Policy Monitoring of State and Federal Legislative and Executive Branch activity.  Alternative to Expensive Litigation: Advise Counsel on when and where to interface with the federal and state government to achieve results for your company.  Assistance to corporate officials with preparation of briefing materials and arrangement of meetings with key Members of the House and Senate.

How a Public Policy Office Can Help Corporate Counsel  Identify issues affecting your business from the Legislative and Executive Branches in the near future to avoid last minute catch-up.  Help local businesses work with national trade associations to ensure that their concerns are being heard in Washington. -National trade associations respond primarily to the members who pay the largest amount of dues.

How a Public Policy Office Can Help Corporate Counsel  Engaging in Government Relations − High return on investment by influencing enactment or preserving statutory and regulatory provisions − “If you’re not at the table, you’re on the menu”

Finding a Strategy that Works for Your Business  Identify your priorities − Critical laws and regulations that shape the operation of your business − How important is this issue to your business?  Multiple issues require different approaches to form a comprehensive and effective strategy − Offense, Defense, or Neutral  Implement appropriate strategy that fits your needs.

Example: Polsinelli Public Policy Areas of Expertise The Honorable Martin Frost Energy Taxes Transportation The Honorable Alan Wheat Health Care Industry Health Care Providers Coalitions Native American Governments The Honorable Kenny Hulshof Taxes Transportation Intercollegiate Athletic Issues for Big 12 & Member Universities

Example: Polsinelli Public Policy Areas of Expertise Jim Davidson Federal Trade Commission Tax media- related issues Stuart Pape Regulations imposed by U.S. Food & Drug Administration (FDA) Labeling and advertising for regulated products Dawn Lurie Visa processing Immigration compliance( Form I-9 and E-verify) EB-5 foreign investment

Case Studies  Appropriations: Martin Frost  Crisis Management  Food and Drug Administration(FDA): Stuart Pape  Federal Trade Commission(FTC): Jim Davidson and Kenny Hulshof  Health Care: Alan Wheat  Immigration: Dawn Lurie  Tax: Martin Frost and Jim Davidson

The Proactive Public Policy Route  Food and Drug Administration(FDA): Stuart Pape represents and assists clients with the development of product claims to avoid complaints to the FDA or private class action lawsuits by competitors.  Federal Trade Commission (FTC): Jim Davidson and Kenny Hulshof have represented Riddell (largest manufacturer of football helmets). -Successfully defended against a deceptive advertising complaint filed with the FDA; successfully fought against legislation in the U.S. Senate, which limited what companies could say about their helmets and other athletic sports equipment.  Immigration: Dawn Lurie assists corporate clients in qualifying a current H1-B Visa holders to transfer to another employer. Also advises corporate clients on changes pending on immigration laws.

The Proactive Public Policy Route  Tax Reform: Martin Frost and Jim Davidson represent major companies in the energy and advertising sector on issues under consideration as part of tax reform legislation. -Deductibility of intangible drilling costs. -Percentage depletion of domestic independent oil and gas producers. -Deductibility of advertising for major broadcast television networks.  Health Care: Alan Wheat represents health care providers and health care organizations. -Sustainable Growth Rate Repeal -ACA Implementation -Medicare and Medicaid (CMS and CMMS) -NIH Funding -Biotechnology

Starring in Washington: Current Political Issues in Congress  Export-Import Bank  Fast Track Authority  Corporate and Individual Tax Reform  Appropriations  Iran Sanctions  21 st Century Cures Health Care Innovation  Sustainable Growth Rate Repeal  Potential Affordable Care Act Alterations  Bio-technology

Coming Attractions:2016 Elections  Control of the U.S. Senate  Control of the Presidency

Tool: The Art of DC Advocacy

About Polsinelli real challenges. real answers. SM Polsinelli is a first generation law firm serving corporations, institutions, entrepreneurs and individuals nationally. Our attorneys successfully build enduring client relationships by providing practical legal counsel infused with business insight, and with a passion for understanding how to assist General Counsel and CEOs achieve their objectives. Polsinelli is ranked 18th in number of U.S. partners* and has more than 700 attorneys in 18 offices. Polsinelli was profiled in the June 2013 issue of The American Lawyer as the fastest-growing law firm in America over a five-year period. The firm focuses on healthcare, financial services, real estate, life sciences and technology, energy and business litigation, and has depth of experience in 100 service areas and 70 industries. The firm can be found online at Polsinelli PC. In California, Polsinelli LLP.The American Lawyerwww.polsinelli.com * Law360, March 2014

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