Following an announcement in September that the White House intends to deploy the Foreign Agents Registration Act (“FARA”) to investigate persons with foreign ties that “foment political violence,” the FARA Unit of the Department of Justice (“DOJ”) quietly (and maybe inadvertently) published and then unpublished 17 new advisory opinions regarding
Continue Reading DOJ Posts (then Takes Down) Seventeen New Advisory Opinions Regarding the Foreign Agents Registration ActTax Exemption and Constitutional Vagueness – What Freedom Path Means for 501(c)(4) Organizations
By Susan Leahy & Pooja Shah Kothari on
Posted in Tax
The recent decision in Freedom Path, Inc. v. Internal Revenue Service addressed whether the IRS’s standards used to deny Freedom Path’s tax exemption as a 501(c)(4) organization were unconstitutionally vague. The United States District Court for the District of Columbia partially agreed with Freedom Path, acknowledging that the relevant guidance…
Continue Reading Tax Exemption and Constitutional Vagueness – What Freedom Path Means for 501(c)(4) OrganizationsCongressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private Actors
Posted in Congressional Investigations
Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its…
Continue Reading Congressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private ActorsDOJ Withdraws Dozens of Regulatory Actions, Keeps FARA NRPM
By Brian D. Smith, Zachary G. Parks & Alex Langton on
Posted in Foreign Agents Registration Act
The U.S. Department of Justice (“DOJ” or the “Department”) announced that, effective September 11, 2025, it is withdrawing several dozen Notices of Proposed Rulemaking (“NPRMs”), Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking. The Department explained that it is “withdrawing these actions as part of the Federal…
Continue Reading DOJ Withdraws Dozens of Regulatory Actions, Keeps FARA NRPMFederal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
By Robert Kelner, Brian D. Smith, Perrin Cooke & Darcy Slayton on
Posted in Congressional Investigations
On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress. In bringing his pre-enforcement challenge, Dr. de…
Continue Reading Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena TargetsAdministration Targets Lobbying by Federal Grantees with New Presidential Memorandum
Posted in Enforcement
Federal contractors, grantees, borrowers, and others receiving federal funds face a variety of restrictions on their use of those funds for political purposes, including for lobbying. A new presidential memorandum issued last week by President Trump highlights one of those restrictions, 31 U.S.C. § 1352, also known as the…
Continue Reading Administration Targets Lobbying by Federal Grantees with New Presidential MemorandumCorporate Political Disclosure Shareholder Proposals Draw Surprising Support
Posted in Corporate Political Spending Disclosure
Shareholder proposals on political issues—particularly lobbying spending disclosure and campaign finance issues—have been a common part of the proxy landscape for some time now. This proxy season, proposals seeking greater transparency around corporate political spending had surprising success compared to the past. This alert highlights that, especially given this development…
Continue Reading Corporate Political Disclosure Shareholder Proposals Draw Surprising SupportCongress Weighs Foreign Agent Disclosure and Registration Bills
Posted in Foreign Agents Registration Act, Political Law
Congress is considering several bills to broaden disclosure and registration requirements related to the regulation of foreign agents under the Foreign Agents Registration Act (“FARA”) and the Lobbying Disclosure Act (“LDA”): the Foreign Registration Obligations for Nonprofit Transparency (“FRONT”) Act (S. 2305), Disclosing Foreign Influence in Lobbying Act…
Continue Reading Congress Weighs Foreign Agent Disclosure and Registration BillsDOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” Practices
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” …
Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” PracticesRecent House Ethics Committee Actions Signal Expanding Scope of Enforcement
By Stephanie Nnadi & Perrin Cooke on
Posted in Government Ethics
While historically criticized for inconsistency or opacity, the House Ethics Committee appears to be moving toward a more active and transparent enforcement posture. Last week, the Committee adopted two reports finding Rep. Alexandria Ocasio-Cortez (D-NY) and Rep. Mike Kelly (R-PA) violated House ethics rules. The reports together serve as a…
Continue Reading Recent House Ethics Committee Actions Signal Expanding Scope of Enforcement