Effective November 24, 2014 Morgan Lewis & Bockius LLP and Bingham McCutchen LLP have concluded a transaction. Visitors seeking information on this page should visit the corresponding page on the Morgan Lewis & Bockius LLP website.



Bingham Consulting

With consultants in the U.S., Europe and Asia, Bingham Consulting acts as a trusted adviser when business, law, government, and policy intersect. Our work often means the difference between corporate success and failure in the most critical situations a company will ever face. We bring hands-on experience and years of public decision-making and judgment to the resolution of complex, multijurisdictional challenges.

Bingham Consulting works with our clients to address the issues that are important to government officials and to integrate sound public policy into legal and business strategies. Our 360° solutions go beyond those typically offered by a law firm.

Led by former New Hampshire Governor and Attorney General Stephen Merrill and former Chairman of the U.S. Securities and Exchange Commission and U.S. Representative Chris Cox, Bingham Consulting professionals bring more than 100 years of experience in senior level government positions. Our leaders include former California Governor and U.S. Senator Pete Wilson, former White House Cabinet Secretary Thurgood Marshall, Jr., former U.S. Ambassador to Ukraine Roman Popadiuk, top Justice Department and state government officials Tim Shea and Nick Gess, former Director of White House Press Operations Sean Walsh, and former White House and State Department official William Kissinger, as well as senior officials from the Federal Trade Commission, several U.S. state government agencies, and the national organizations that support state Attorneys General.

Our practice areas include:

  1. State Attorney General matters

    Our state Attorney General litigation experience is unmatched. Bingham Consulting has the largest, most experienced team advising companies under scrutiny by state Attorneys General and negotiating resolutions of multistate Attorney General investigations. Our multilateral strategies help companies balance the public, political and policy concerns of the various Attorneys General. We help our clients convey their message across bureaucratic lines to key political and career decision-makers. We routinely work with the Attorneys General throughout the U.S. and have favorably resolved litigation and investigations in all 56 states and territories.

    Our professionals have served in senior leadership positions in state Attorney General offices and associations, including as Attorney General, Chief of Public Prosecution (consumer and antitrust), Chief Counsel for Consumer Protection at the National Association of Attorneys General (NAAG), Associate Deputy U.S. Attorney General, and Director of Intergovernmental Affairs and Executive Director of the Conference of Western Attorneys General (CWAG).

    Using our national platform, we interact directly with state Attorneys General, senior staff supervisors and line assistants who run the investigations, and national organizations that impact serious litigation our clients face. On behalf of clients we:

    • Assess state Attorney General interest in a specific issue prior to litigation, including antitrust reviews;
    • Develop a targeted strategy based on careful analysis, including meetings with specific Attorneys General or their senior staff;
    • Advise on the unique aspects of public litigation by the states, including political considerations, policy concerns, and other public motivations not present in cases brought by private litigants;
    • Assist litigation counsel in responding to Attorney General demands during litigation, including media demands;
    • Work with clients and litigation counsel to develop the sequence, substance and timing of responses to issues raised in settlement negotiations;
    • Assess and contend with the activities of private class-action lawyers who routinely interact with state Attorneys General
  2. Cross-border business, regulation and political risk assessment

    Through Bingham’s offices around the world, we help our clients manage the risks associated with multinational transactions. Bingham Consulting’s worldwide professionals help navigate companies safely through complicated regulatory and legal issues at all levels of government.

    In Asia, our Beijing, Hong Kong and Tokyo offices offer a comprehensive multijurisdictional approach to advising clients. In Europe, North America and Latin America, Bingham Consulting provides unparalleled service for companies doing business across national borders. Our professionals are intimately familiar with the governments with which we deal, including the unique challenges for business posed by the PRC government’s system of state-owned enterprises.

    In addition to advising businesses involved in cross-border transactions and controversies, Bingham Consulting provides strategic geopolitical, legal, and regulatory analysis to fund managers considering investments abroad or in the securities of multinational businesses traded in the U.S. Throughout the world, national and sub-national enforcement, regulatory, and legislative bodies can change the rules of the game in any industry — often with little notice. We assist our clients in understanding the impact of government actions and in interpreting the likely consequences of policy shifts.

  3. CFPB and consumer protection matters

    As companies — particularly those in the financial services industry — begin to deal with the growing regulatory and enforcement demands of the CFPB, the need for guidance is essential. The CFPB charter presages an unparalleled level of collaboration between state and federal governments’ and consumer protection efforts. Bingham Consulting helps our client with strategies for efficiently and effectively coordinating our clients’ plans for dealing with these investigations and litigation.

    Bingham Consulting has unparalleled experience in state and federal consumer protection enforcement actions, including those involving the CFPB, state Attorneys General, DOJ, FTC and the SEC. Our experience includes representing non-bank financial institutions in some of the first investigations and inquiries initiated by the CFPB.

    Bingham Consulting has also represented Fortune 100 companies, including those in the financial services industry, in myriad state Attorney General multistate investigations and settlements, as well as in parallel investigations and settlements between and among state Attorneys General, the DOJ and the FTC. Our experience representing clients before the FTC, DOJ and the state attorneys general in consumer protection matters provides our clients with critical expertise in cases that will now fall within the CFPB’s domain. We work with our clients to balance the competing demands of parallel investigations, resolving disputes effectively and minimizing the impact on their business.

  4. Litigation support and communications counseling

    In contentious legal matters, our clients’ long-term business success often hinges on their ability to communicate effectively with the media, government officials, advocacy groups and a variety of constituencies. Our talented and experienced legal communications professionals have decades of experience in both proactive and defensive matters. Bingham Consulting’s 360° approach to business, legal and public affairs strategy assured that our clients’ legal and brand positions are defended and protected.

    Our litigation support team works closely with our clients’ legal team throughout the matter, ensuring that all legal decisions are made with the full benefit of seasoned media and public affairs guidance.

  5. Proactive strategies involving government officials

    Bingham Consulting helps our clients develop and implement strategies to engage proactively with regulatory officials at the federal, state and local levels. By communicating with governments at all levels, companies can make a critical difference in potential regulatory inquiries or investigations, or in getting ahead of an unfavorable industry trend with serious consumer consequences. Our clients benefit from our ability to engage key government officials early in the process and throughout the lifecycle of a proceeding. We provide analyses and insights that enable companies to succeed not only in their legal strategies, but in their broader business aims.

  6. Global energy matters

    Virtually every aspect of the global economy depends on access to abundant sources of clean, affordable and reliable energy. As businesses increasingly plan for a future dominated by concerns related to energy security and climate change, and invest in technologies that will transform the way we use and conserve energy, clients rely on legal, policy and government affairs advisers to help identify and maximize opportunities inherent in the energy industry. We bring those forces together at Bingham.

    The Global Energy Practice at Bingham Consulting features senior policy experts with decades of government and private sector experience in the energy sector. Our consultants provide real-time strategic advice and counsel to firms and individuals around the world who are working on 21st century business and policy solutions to the challenge of meeting our growing energy needs in an increasingly complex world with limited natural resources. Our practice complements the breadth and depth of Bingham’s market-leading energy-related practices, including environmental, land use and natural resources, project finance, tax, real estate, antitrust, and white collar investigations and enforcement.

    Together, we help our energy sector clients resolve legal concerns of several types, from transactions, transmission and compliance to environmental enforcement, compliance and even litigation. By offering clients government affairs assistance coupled with substantive legal guidance, Bingham offers an unparalleled combination of wrap-around services, which provides both our clients and our firm with a competitive advantage.

  7. Indian Law

    Bingham Consulting, together with our law firm colleagues, brings state and national level experience and insight to Federal Indian law and tribal law matters, and provides targeted skills and deep understanding to a complex, multi-faceted field, with compound legal, political, policy and administrative, and regulatory elements. Successful practice of American Indian law calls for a strong grasp of unique jurisdictional components, extensive legal knowledge of the traditional Indian law subjects, and flexibility and resourcefulness in widely differing forums and courts. We provide complete solutions for companies and tribes who face challenges on multiple fronts, including politics, policy and the law at the federal level and with all 50 state governments. We bring results for our clients.

    Our Indian law team is led by Tom Gede, a nationally recognized figure in federal Indian law. Gede was appointed in 2010 to the federal Indian Law and Order Commission and serves as an Adviser to the American Law Institute (ALI) Restatement of the Law Third - The Law of American Indians. He is an adjunct professor of federal Indian Law and has authored numerous publications, speaks widely on tribal matters, and leads national panel discussions on a variation of Indian subjects, including gaming, civil and criminal jurisdiction in Indian country, tribal water rights, and Indian child welfare issues.

    In addition to Gede’s leadership, Bingham brings to its Indian law practice a body of experienced practitioners relevant fields such as environmental quality and historic preservation laws, energy, land use and development, real estate, finance, bankruptcy, casino gambling, project finance, appellate litigation, government affairs, and commercial litigation. Bryan Killian is a nationally recognized appellate lawyer with significant experience in handling Indian law matters before the U.S. Supreme Court. Colin West is a litigation expert with extensive experience representing tribes, financial institutions and other businesses in federal, state and tribal courts. Numerous other Bingham attorneys bring strength to our Indian law practice.

    Bingham provides for our clients strategic advice and counseling on:

    • Tribal land disputes and trust land acquisition
    • Tribal business development, including energy, infrastructure and commercial development
    • Impact of environmental, historic preservation and endangered species laws on tribal development
    • Tribal civil justice systems

    If litigation is necessary, we have substantial experience in federal, state and tribal courts, including:

    • Federal Indian law jurisdiction
    • Tribal sovereign immunity
    • Tribal court civil procedure and processes

Bingham Consulting professionals work from Bingham offices in the U.S., Europe, and Asia and tap the resources of Bingham’s 14 locations around the world, including New York, Washington, London, Los Angeles and Beijing. Our clients gain seamless access to the right people with the right skills across our global network.

We use our understanding of the interplay of investigative, prosecutorial, legislative and regulatory processes to help clients develop the right mix of business, legal and communications strategies to succeed.

Bingham Consulting is a wholly owned subsidiary of Bingham McCutchen LLP.

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