Update: On September 19, 2024, the Senate Committee on Health, Education, Labor, and Pensions (HELP) voted unanimously to adopt resolutions for civil and criminal enforcement of the Committee’s subpoena to Steward Health Care CEO Dr. Ralph de la Torre. On September 25, 2024, the full Senate voted unanimously to refer
Continue Reading An Empty Chair and a Not-so-Empty Threat: Senate HELP Committee to Vote on Rare Civil and Criminal Subpoena Enforcement Actions Against Steward Health Care CEOSEC Enforcement Order Highlights Far Reach of Pay-to-Play Restrictions
By Zachary G. Parks & Samuel Klein on
Posted in Pay-to-Play, SEC Pay-to-Play
The Securities and Exchange Commission (SEC) this week issued a cease-and-desist order that demonstrates the SEC pay-to-play rule’s expansiveness and the SEC’s readiness to enforce it to the letter, even when it is virtually impossible that a political contribution could have influenced a government entity’s investment decision.
In this alert…
Continue Reading SEC Enforcement Order Highlights Far Reach of Pay-to-Play RestrictionsAvoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election Season
With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes…
Continue Reading Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election SeasonFCC Chair Proposes AI Labeling for Political Ads on TV and Radio
By Inside Global Tech on
Posted in Political Law
With the 2024 election cycle in full swing in the United States, on Wednesday, May 22, 2024, FCC Chairwoman Jessica Rosenworcel asked her fellow Commissioners to approve a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal to require a disclosure when political ads on radio and television contain…
Continue Reading FCC Chair Proposes AI Labeling for Political Ads on TV and RadioHeaded to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party Conventions
The Democratic and Republican National Party Conventions are a premiere forum for businesses and trade groups to elevate their priorities to candidates, elected officials, and staff. However, thanks to a complex regulatory regime, participation in convention events can invite scrutiny and legal trouble. The Republican Convention is scheduled to take…
Continue Reading Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party ConventionsGeorgia Governor Vetoes “Baby” FARA Bill
By Robert Kelner on
Posted in Foreign Agents Registration Act, State Law
Georgia Governor Brian Kemp has vetoed Georgia Senate Bill 368, which would have created a requirement in state law for certain “agents of foreign principals” to register and report certain lobbying and political activities in Georgia. This is the first of the wave of recently proposed baby FARA bills at…
Continue Reading Georgia Governor Vetoes “Baby” FARA BillStates Introduce More “Baby” FARA Bills
By Robert Kelner & Alex Langton on
Posted in Foreign Agents Registration Act, State Law
Over the past several weeks, legislatures in Arizona, California, Georgia, Oklahoma, and Tennessee have introduced bills that mirror the federal Foreign Agents Registration Act (“FARA”). There has been a trend in the states to enact so-called “baby FARA” laws that apply to foreign influenced political activity…
Continue Reading States Introduce More “Baby” FARA BillsAs States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide Policies
By Matthew Shapanka & Samuel Klein on
Posted in Political Law
A New Orleans magician recently made headlines for using artificial intelligence (AI) to emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity. As rapidly evolving…
Continue Reading As States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide PoliciesGratuity or Gift? The Supreme Court May Soon Delineate the Difference
By Peter Koski & Samuel Klein on
Posted in Government Ethics
Federal circuit courts are split on a core question of corruption law: whether state and local officials, and agents of organizations that contract with or receive benefits from the federal government, may lawfully accept gratuities.
It is generally a federal crime for state and local officials to act in their…
Continue Reading Gratuity or Gift? The Supreme Court May Soon Delineate the DifferenceDOJ Officials Signal New Trends in Enforcement and Interpretation of the Foreign Agents Registration Act
Posted in Foreign Agents Registration Act
On December 1, 2023, three top U.S. government officials responsible for enforcing the Foreign Agents Registration Act (“FARA”) gave remarks at the American Conference Institute’s 5th National Forum on FARA. In their remarks, each of the speakers – Deputy Assistant Attorney General Eun Young Choi, the Acting Chief of the…
Continue Reading DOJ Officials Signal New Trends in Enforcement and Interpretation of the Foreign Agents Registration Act