Skadden, Arps, Slate, Meagher & Flom LLP announced today that Boris Bershteyn, who held a number of senior legal and regulatory positions at the White House and its Office of Management and Budget (OMB) from 2009 to 2013, has rejoined the firm as of counsel in the New York office. Mr. Bershteyn will focus on regulatory and enforcement actions by government agencies, as well as on Supreme Court, appellate and trial-level litigation.
As Acting Administrator of the Office of Information and Regulatory Affairs (OIRA) from 2012 to 2013, Mr. Bershteyn headed the federal agency charged with reviewing all significant regulations promulgated by executive branch agencies. His tenure included significant rulemakings in such areas as health care, energy and the environment, transportation, and financial services. Mr. Bershteyn also oversaw federal information policy matters, including privacy, and led the Obama Administration’s initiative to promote international regulatory cooperation.
Before heading OIRA, Mr. Bershteyn served as General Counsel of OMB, a position he held since 2011. Mr. Bershteyn coordinated all of OMB’s litigation and compliance matters, and counseled the OMB Director on a range of administrative, regulatory, fiscal, and legislative issues. Mr. Bershteyn led OMB’s legal team during the debt ceiling crisis of 2011, potential government shutdowns, and significant congressional investigations. He also was responsible for preparing draft executive orders and similar documents for the President’s consideration. Mr. Bershteyn served as OMB’s Deputy General Counsel from 2009 to 2010.
From 2010 to 2011, Mr. Bershteyn served as Special Assistant to the President and Associate White House Counsel, advising senior administration officials on legal aspects of regulatory, economic, health, and environmental policy.
In late 2012, The National Law Journal identified Mr. Bershteyn as “one of a dozen attorneys who would be most sought after by the private sector.”
In August 2013, Mr. Bershteyn was named a public member of the Administrative Conference of the United States (ACUS), an independent federal agency charged with improving the federal regulatory and administrative process. Mr. Bershteyn served on ACUS’s 10-member governing council, to which he was appointed by President Obama, until he left government service earlier this year.
Mr. Bershteyn joined the Obama Administration from Skadden. Earlier in his career, he served as a law clerk to Justice David H. Souter on the U.S. Supreme Court and Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit.
“As clients around the world face an increasingly complex global regulatory environment and high-stakes disputes across jurisdictions, Boris’ skills and insight will further enhance our capacity to respond,” said David M. Zornow, global head of Skadden’s Litigation and Controversy practices. “Boris’ leadership experiences across regulatory policy and his diverse litigation background offer a unique contribution to our practices. We are delighted to welcome him back to the team.”
“To accomplish their most pressing business objectives, clients must often offer creative and strategic responses to regulatory activity and complex litigation. I look forward to helping Skadden’s clients successfully meet these challenges, aided by the range of litigation, policy and crisis-management experience gained during my government service,” said Mr. Bershteyn. “The firm’s breadth of practice, international platform, and reputation for insight and integrity are unmatched, and I am thrilled to be back with my Skadden colleagues and friends.”