In our recent series of articles we have discussed the impact that government policy is having on client’s operations, opportunities and, ultimately, their bottom line. We have explored how everything from environmental policy to changing community redevelopment strategies affects the costs of doing business for clients in ways rarely contemplated by those making the policy decisions. We have not discussed in any detail how our clients can address these challenges, but in this article we will.
Many clients view government policy through the prism of legal processes: compliance, enforcement, negotiation and, if all else fails, dispute resolution. Counsel should also consider an additional process—lobbying. Changing public policy as it is being made can help clients avoid complex compliance issues, the risks of enforcement and the need for related negotiation or dispute resolution.