New York State’s lobbying and ethics regulator, the Joint Commission on Public Ethics (JCOPE), released a number of new rules, effective this week, including rules on the giving and receiving of gifts, honoraria, and payment for expenses.

JCOPE, which was established by the state’s Public Integrity Reform Act of 2011, is the first state agency to oversee ethics in both the executive and legislative branches of government.  This week’s rules are a product of JCOPE’s comprehensive review of preexisting law and advisory opinions.

The final public official gift rule creates a presumption that gifts from persons doing business with or regulated by the state of more than $15 in value are impermissible.  It is a presumption, not a ban.  But before giving a gift above the $15 limit, a donor should be confident that, if regulators looked, they would conclude that it would be unreasonable under the circumstances to think that the gift could be expected to influence official duties or was intended to influence or reward official duties.  For gifts from other persons, the presumption is reversed—i.e., they are permissible unless certain criteria are met.  As a practical matter, however, most companies will want to review those gifts closely as well.  There are also exceptions to the definition of what a “gift” is, such as attendance at certain widely attended events.

The final lobbying gift rule largely tracks the proposed rules, which we noted last year.  Like the general gift rule, gifts of more than $15 in value from a lobbyist or client are presumed impermissible but not expressly banned.  The rule also restricts gifts involving the spouses and unemancipated children of lobbyists, clients, and public officials, requiring additional scrutiny of such gifts.  Gifts by lobbyists and clients to charities that are made on behalf of, or at the recommendation of, a public official or the official’s spouse or child are also restricted if the gift could not be given directly to the official or the official’s spouse or child.

JCOPE posted guidance documents for the new general gift rule and the new lobbying gift rule.

The final rule on honoraria requires officials to seek approval prior to accepting an honorarium.  Higher-level officials are subject to additional restrictions.  Similarly, the final rule on acceptance of payments for expenses requires officials to seek approval before accepting payment for the cost of attendance, registration, travel, food, or lodging related to meetings or professional programs.

Any company active in New York may wish to consider reviewing its compliance practices to ensure that they are consistent with JCOPE’s new rules.

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Insurance Advocacy for Policyholders

Kevin Glandon has helped policyholders recover over $1 billion for first party losses and third-party liabilities. Kevin has extensive experience with complex, multimillion-dollar property damage and business interruption claims arising out of catastrophic events, including damage to or destruction…

Insurance Advocacy for Policyholders

Kevin Glandon has helped policyholders recover over $1 billion for first party losses and third-party liabilities. Kevin has extensive experience with complex, multimillion-dollar property damage and business interruption claims arising out of catastrophic events, including damage to or destruction of commercial real estate, hotels, and manufacturing plants caused by hurricanes, floods, and fires–prominent risks potentially impacted by climate change. Kevin also has significant experience litigating and advising on coverage for environmental and products liability claims.

Kevin also assists clients with insurance recovery under cyber, fidelity and crime insurance, builder’s risk, and product recall policies, and has advised on impacts due to communicable disease and insurance-related due diligence in connection with major acquisitions. He advises clients regarding efficient and practical insurance strategies to prepare for and respond to first-party losses and third-party claims, and has worked extensively with forensic accountants, insurance brokers, and subject matter experts to achieve an effective, multidisciplinary approach to claim resolution. Kevin’s insurance-related experience spans the fields of commercial real estate, hospitality, manufacturing, government contracting, energy production, and professional sports.

Political Law

He also has experience advising clients in compliance and defense matters regarding political and election law, including the Foreign Agents Registration Act, the Securities and Exchange Commission’s pay-to-play rules, the Federal Election Campaign Act, Senate and House ethics rules, and numerous state and local political and election laws and regulations.