Updates on Developments in Campaign Finance, Lobbying & Government Ethics Law
For months, Members of Congress, commentators, and companies have previewed what Democratic control of the House and Senate would mean for congressional oversight. Yesterday, voters made it official. In two months, Democrats will hold the gavels in both chambers—and the subpoena power that comes with them.
As we have previously…
Continue Reading Ready or Not: The Next Wave of Democratic Congressional Investigations Is ComingIn recent years, Congress has become increasingly focused on private sector cybersecurity practices as a matter of public concern and national security, particularly as the cybersecurity threat landscape continues to evolve rapidly. Lawmakers on both sides of the aisle have demonstrated sustained interest in whether companies appropriately collect, safeguard, and…
Continue Reading From Incident Response to Congressional Response: Preparing for Oversight Before and After a Cybersecurity IncidentEarlier this month, the House of Representatives adopted resolutions holding two witnesses in contempt of Congress for failing to comply with subpoenas issued by the House Committee on Ethics in connection with the Committee’s investigation of alleged congressional ethics violations by former Representative Sheila Cherfilus-McCormick (D-Fla.). The House acted unanimously…
Continue Reading Rare House Contempt Resolutions Signal Heightened Risks for Private PartiesToday the Department of Justice (“DOJ”) issued an unusual press release that may signal stepped up enforcement of the Foreign Agents Registration Act (“FARA”). In the press release, DOJ reminded the public of FARA’s requirements and warned of potential “civil and criminal liability” for noncompliance. In this alert…
Continue Reading DOJ Issues Press Release Regarding Liability for Unregistered Foreign AgentsThe artificial intelligence industry could face a new, dedicated congressional investigative committee if Democratic Members of Congress take control of the House of Representatives following November’s midterm elections. The House Democratic leaders are reportedly laying the groundwork to create a select committee focused on artificial intelligence (“AI”) in the new…
Continue Reading AI Industry Could Face New House Committee Armed with Subpoena PowerFormer Apollo Global Management CEO Leon Black has taken the unusual step of filing a lawsuit seeking to preclude the House of Representatives’ Committee on Oversight and Government Reform from enforcing subpoenas the Committee issued in its investigations related to Jeffrey Epstein. Black’s complaint, which challenges the Committee’s authority to…
Continue Reading New Lawsuit Raises Unresolved Questions About House Civil Subpoena EnforcementLate Friday afternoon, the U.S. Supreme Court granted a stay of the Fourth Circuit’s decision setting aside the FCC Media Bureau’s guidance on entitlement to the lowest unit charge (“LUC”) for certain political ads placed on broadcast TV and radio. See our prior post about this issue here. Notably…
Continue Reading Supreme Court Action Revives FCC Media Bureau’s Political Ad GuidanceOn September 3, 2026, the Securities and Exchange Commission (“SEC”) voted to propose rescinding in its entirety Rule 206(4)-5 under the Investment Advisers Act of 1940, the agency’s longstanding “pay-to-play rule” applicable to investment advisers. If finalized, the proposal would eliminate the most significant federal political law compliance regime for…
Continue Reading SEC Proposes to Repeal Longstanding Pay-to-Play Restrictions on Investment AdvisersAs widely reported, the Senate Homeland Security and Governmental Affairs Committee voted to hold Dr. Anthony Fauci in contempt of Congress following his appearance before the Committee in July, where he refused to answer the Committee’s questions by asserting his rights under the Fifth Amendment. At the same time, the…
Continue Reading The Procedural Puzzle Complicating the Fauci Contempt ReferralOn August 25, 2026, a divided panel of the U.S. Court of Appeals for the Fourth Circuit set aside guidance by the FCC’s Media Bureau stating that two types of political advertising were entitled to the favorable “lowest unit charge” (“LUC”) rate: ads paid for as “party coordinated expenditures,” meaning…
Continue Reading Fourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step In