public policy group Polsinelli Shughart At Polsinelli Shughart, Your Goals Are Our Objectives

The Public Policy Group at Polsinelli Shughart is known for its strong relationships with policymakers in Congress, and at the highest levels of the Administration. The Group is fiercely bipartisan and includes Democrats and Republicans, but each professional takes a bipartisan approach to lobbying. This enables our clients to achieve their public policy goals regardless of the outcome of an election or the volatility of the political environment.

Our team capabilities, along with descriptions of results obtained for our clients, are described below. We include observations on our efforts that have appeared in the media as well as views of our clients on the work we have performed for them. The advocacy provided by our Public Policy Group assures that our clients receive: • Early and accurate political and policy intelligence; • Assistance in defining legislative and regulatory objectives; • Comprehensive legislative and regulatory advocacy strategies; • Guidance to form and work within industry and policy coalitions; • Detailed analyses of relevant legislation and regulations; • Assistance in recruiting congressional and administration champions; • Assistance in drafting testimony and comments on legislation and proposed regulations; • Preparation of witnesses for congressional and agency hearings; • Full service preparation for congressional meetings; and • Political and legal counsel on campaign contributions and lobby disclosure requirements.

The professionals in our Public Policy Group bring a history of extraordinary accomplishments to every client relationship. When you engage us on your behalf, we bring you the experience of having met tough challenges in Congress and in federal agencies, and we bring the record and the confidence of having prevailed. We do things differently for our clients so that they receive measurable results. Integrity. Polsinelli’s advocacy is conducted with the highest legal, ethical, and professional standards. Our clients value our integrity, and lawmakers and staff view us as trusted advisors and rely on us for policy guidance. Service-Oriented. Our commitment to effective representation has earned Access or saved our clients billions of dollars. We view ourselves as partners with our clients – team members who learn our clients’ issues, businesses and Access objectives so that we can anticipate how federal policies will affect their Bipartisanship interests and help them respond aggressively. Personalized. Our principals provide comprehensive personalized services to BipartisanshipCommitment each client. They communicate with each client directly and are involved in high-level strategy and day-to-day details. Experience Commitment Why Clients Choose Our Public Policy Group Expertise The Public Policy Group at Polsinelli Shughart offers our clients a wealth of SExperienceolutions experience in its bipartisan team of legislative policy professionals who are committed to achieving positive legislative and regulatory outcomes for our clients. Our Group includes former Members of Congress, former senior Vision congressional staff, who include former chiefs of staffs, senior legislative staff Expertise and counsels to Members of Congress, House and Senate Committee staff, and executive branch officials. Solutions Vision Access Strategic Counsel Our counsel to our clients is guided by our experience and comprehension Bipartisanship of the legislative, regulatory, and political processes. We develop creative solutions and forge alliances between diverse groups of lawmakers and stakeholders to achieve common goals. We understand that an important Commitment element of successful persuasion is the ability to weave political considerations and parochial interests into discussions of the merits of an issue. We have Experience developed a deep understanding of the backgrounds, priorities, and politics of Senators and Representatives and their states and districts. We analyze political developments, identify emerging trends, predict future policy Expertise outcomes, and design strategies tailored to each client’s needs and objectives. Solutions Issue Expertise Our Public Lawmakers and their staffs view us as professional, knowledgeable and straightforward advocates who bring a wealth of substantive experience to Vision discussions, even when we may be on different sides of an issue. Our expertise Policy Group encompasses multiple issue disciplines, including federal taxation, budget and appropriations, health care, energy, transportation, administrative law, advertising and product regulation, First Amendment and commercial speech, brings more telecommunications, privacy, and intellectual property. Our clients value our ability to help them understand not only the broad policy implications of government action but also the intricate legal and regulatory details that can than three affect their businesses.

Budget and Appropriations decades of The nation’s economic challenges have reshaped executive branch, congressional and public attitudes toward government spending. It has led to seismic reductions in government programs and elimination of traditional successful earmarks. Our Public Policy Group is committed to providing the best guidance to our clients through these challenging economic times. Our Group principals include budget and appropriations professionals, including: representation two former Members of the House Budget Committee, and senior staff to a “cardinal” who chaired the former Veterans, HUD and Independent Agencies Subcommittee. of our clients. The gridlock in the congressional authorization process has shifted more decision-making to the appropriations committees, placing a premium on the ability of our clients to know the members of these committees and to be able to understand, interpret and obtain timely information about their actions. Often an appropriations bill is the only significant legislation to survive in a congressional session. Notwithstanding these austere times, we have compiled a noteworthy record of success as we have helped clients obtain provisions in appropriations bills and competitive grant funding awards.

Health Care Our Public Policy team of health care professionals provides our clients with an in-depth knowledge of both the legislative and agency rulemaking processes. Their knowledge and experience is drawn from service as a Member of the House Ways and Means Subcommittee on Health, as well as a chair of the House Democratic Health Task Force. Our team also includes healthcare professionals from former high ranking congressional and agency staff, as well as a formally trained physician with a Juris Doctor degree.

Our clients have praised our ability to chart the impact of government health policies and to analyze the intricate legal and regulatory details that affect healthcare delivery and operations. We have provided health care policy counsel and advocacy for our clients regarding Medicaid funding and reform, Medicare reform and reimbursement policy, managed care, coverage and payment for pharmaceuticals and biologics, and intellectual “No one could have property issues connected to pharmaceutical and biotechnology products. We have prepared me better to conducted in-depth analysis of the Patient Protection and Affordable Care Act that testify before Congress has been distributed by national trade associations, hospital system, and other clients throughout the country. in such a short timeframe” Commercial Speech Mike Malone Our Public Policy Group directs two national coalitions of media and advertising Executive Director, companies and associations that represent broadcast television and radio networks Northwest Arkansas and stations, cable television programmers and operators, newspaper and magazine Council publishers, advertising agencies, and Fortune 500 advertisers. All forms of advertising have been the subject of proposed restrictions on content, and a number of legislators and regulators have urged limits on the deduction of the cost of advertising as a “Polsinelli Shughart business expense to raise more tax revenues. We designed and executed the strategies has skillfully managed that made it possible for these coalitions to defeat several efforts to restrict or tax a long-term campaign advertising. to preserve the business deduction for the Taxation and Energy The Public Policy Group tax and energy professionals bring our clients decades of cost of advertising. experience in shaping congressional tax and energy legislation including the Tax Combining tax policy Equity and Fiscal Responsibility Act of 1982, the Tax Reform Act of 1986, the Omnibus analysis with lobbying Budget Reconciliation Act of 1993, the Balanced Budget and the Taxpayer Relief Acts of the tax-writing of 1997, the Economic Growth and Tax Relief Reconciliation Act of 2001, and the Jobs committees in Congress, and Growth Tax Relief Reconciliation Act of 2003. Our Public Policy Group includes a and the marshalling former Member of Congress who served as a six-term Member of the House Ways and Means Committee, senior staffers who worked for House Ways & Means Committee of grassroots forces, members who worked on rate reform, pension reform and the Energy Policy Act of they have helped 2005, and a 13-term Member of the House Rules Committee that developed the rules our industry defeat for House consideration of tax and energy legislation. every challenge to the tax treatment of Municipal Governments, Health Care and Higher Education Institutions advertising.” The Polsinelli Shughart Public Policy Group has secured funding and legislative support for cities, counties, government chartered organizations, non-profit institutions, Dan Jaffe hospitals, and institutions of higher education. Anticipating the dramatic reduction Executive Vice in federal funds for state and local governments, our team has developed and President, Association implemented effective strategies to help them revitalize infrastructure. We are providing of National Advertisers the experience and expertise to help them build for the future. A Record of Accomplishments For Our Clients “The Polsinelli team Coalition Defeats Ban on Advertising played an instrumental Polsinelli Shughart professionals designed and executed a campaign that helped role in crafting and defeat legislation before two major House and Senate committees that would have implementing a strategy imposed a moratorium on prescription drug advertising, along with other restrictions to win bipartisan on advertising content. Congress adopted an industry-supported substitute that we helped craft that provided advertisers with clarity about the legal standard for FDA support for domestic regulation of advertising. independents at a time when the oil and gas Guiding Complex Tax Legislation industry has been under Our team was asked by a group of independent oil and gas producers to devise significant political and implement a strategy to protect incentives for investing in domestic oil and gas attack.” exploration. Another coalition of businesses sought our advice and strategic assistance Mike Cantrell in a successful effort to amend the 2009 Worker, Home Ownership, and Business Assistance Act to permit businesses that incurred business losses during the depth of President, Domestic the recession to carry back those losses and deduct them from profits earned in the Energy Producers prior five years, rather than the two years permitted under the Tax Code. Alliance

Internet Tax Freedom Act Efforts were gaining momentum in Congress to overturn Supreme Court precedents “One of the best that bar states from compelling companies to collect sales taxes where there is no nexus investments we have with a catalogue publisher or a company that markets its products on the Internet. We made in government directed a coalition of Internet and direct marketing businesses that left the Supreme relations. Jim Davidson Court decisions intact, ensuring that sales taxes may not be collected on remote sellers led a coalition that where there is no nexus with the taxing authority. designed and directed a sophisticated campaign Protecting Medicare Patient Access to Medicines that defeated advertising Providers of home medical care were threatened by a proposal from the Secretary restrictions in the of Health and Human Services to cut 60 percent of the reimbursement for delivering Senate and the House and administering chemotherapy, hemophilia drugs and respiratory medicines to of Representatives.” the homes of Medicare patients. The industry, with our team’s guidance, persuaded Congress to bar action on these payment cuts for more than a year. The delay saved Gordon H. Smith Medicare providers hundreds of millions of dollars and preserved patient access to President and CEO, critical home-delivered therapies. National Association of Broadcasters Critical Aid for Katrina Victims On behalf of two Gulf Coast hospital systems, we worked with the Louisiana and Mississippi Congressional delegations to ensure that hundreds of millions of dollars “Notwithstanding the in Hurricane Katrina relief funds would be available to assist in rebuilding health care difficult odds, Polsinelli infrastructure, medical staff retention efforts, and providing essential health care Shughart skillfully services to hurricane evacuees. We worked with our clients as they accessed the relief funding through the state and local government protocols established to disseminate guided a coalition of the funding. advertising, media and food manufacturing Mass Transit Funding for Atlanta companies and After the city of Atlanta had been rejected in the initial round of Department of associations with Transportation TIGER grant funding for its 2.6 mile streetcar line, our team was retained an elegant strategy to produce a different result in the second round (TIGER II). Operating under a very short deadline, we worked with the city and a coalition of local transportation, civic to engage the and business stakeholders to secure a $46 million grant – by far the largest award in congressional that round of competition. We mobilized support from the Georgia Congressional appropriations delegation and key national leaders in the transportation field. process to block implementation of a Safeguarding Reimbursement for Cancer Treatment multi-agency proposal Polsinelli principals, representing a medical device manufacturer, successfully lobbied for a provision in the Medicare Modernization Act that preserved full reimbursement to prevent advertising for a life-saving therapy. This lobbying campaign protected patients who receive this of food products. therapy and permitted hospitals to invoice directly for the client’s product.

Polsinelli has helped Guidance Through the U.S. Food & Drug Approval Process the 4As demonstrate to Our team assisted a client in navigating the U.S. Food & Drug Administration (FDA) Congress and the White pre-market approval process (PMA) and won an approval from the agency for a highly House why advertising controversial medical device. This campaign was multi-faceted and required continuous work with Members of Congress, the FDA and the White House. is so important to our nation’s economy Preserving a Public Role in Agency Rulemaking . . . [they] helped The U.S. House of Representatives added to the Wall Street Reform and Consumer design and direct the Protection Act of 2010 a provision that would have repealed the 1975 reforms of the development of two rulemaking process for the Federal Trade Commission. Our team designed and directed studies by Nobel prize- a strategy for a national coalition of advertising and media groups that persuaded the House-Senate conferees to exclude the provision from its version of the bill preserving winning economists FTC hybrid rulemaking and striking an important balance between agency procedures that illustrate the and public participation. wisdom behind the current tax treatment Preventing a Ban on Food Product Advertising of advertising and that Four federal agencies were asked to report to Congress on the relationship between document the economic food advertising and obesity. Instead, the agencies delivered a detailed prescription for the nutrient content of all foods that would have been enforced by a ban on advertising and job creating impact non-compliant foods. Among the foods that would not meet the standard were most of advertising in every cereals, whole wheat bread, low-fat yogurt, and vegetable soup. Our team conducted a congressional district in successful campaign that resulted in Congress directing the agencies to conduct a cost- the country.” benefit analysis of the proposal and explain what effect, if any, the proposed nutrition standards and advertising ban would have on obesity. Richard F. O’Brien Broadcast Station Sales Tax Executive Vice President, The Senate Commerce Committee approved a national sales tax of two percent on the American Association of purchase price of a broadcast station each time the station license was transferred to Advertising Agencies new ownership. We helped the National Association of Broadcasters develop a strategy that led to defeat of this proposal on a 66-28 Senate floor vote. Defeat of the tax saved the nation’s broadcast station owners $600 million a year. 1152 15th Street Northwest, Suite 800 Washington, D.C. 20005 (202) 783-3300

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