In 2025, Texas, Nebraska, Louisiana, Arkansas and Oklahoma enacted state-level foreign agent registration and disclosure regimes that were loosely modeled on the federal Foreign Agents Registration Act. And in the first few months of 2026, several states — Alabama, Florida, Iowa, Missouri and West Virginia, to name a few — have already introduced similar bills.

The practice of requiring disclosure of efforts to influence state policy is nothing new. All states and Washington, D.C., have lobbying laws. Moreover, the legislative impulse to regulate foreign influence is easy to understand, particularly when it is framed around addressing activities by entities from so-called hostile foreign countries or countries of concern.

However, this article, published in Law360, explains why the state-level “baby FARA” laws focusing on foreign influence efforts present several unique constitutional challenges, and highlight questions about how far states can and should extend regulatory tools beyond traditional lobbying regimes to capture a wide range of foreign‑affiliated activity.

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Photo of Alex Langton Alex Langton

Alexandra Langton is an associate in Covington’s Election and Political Law Practice Group in the firm’s Washington, DC office. Her practice focuses on representing corporations, nonprofit organizations, public officials, and individuals in high-stakes matters involving legal, political, and reputational risk. She routinely counsels…

Alexandra Langton is an associate in Covington’s Election and Political Law Practice Group in the firm’s Washington, DC office. Her practice focuses on representing corporations, nonprofit organizations, public officials, and individuals in high-stakes matters involving legal, political, and reputational risk. She routinely counsels clients in matters arising from investigations and enforcement actions by the Department of Justice, the Federal Election Commission, congressional committees, and state regulatory authorities, as well as related internal investigations.

In addition to her investigations practice, Alexandra advises clients on compliance with federal and state campaign finance, ethics, and lobbying laws, including sensitive matters. Her work frequently involves advising on the application of federal ethics rules arising in connection with government transitions, appointments, and engagements involving current or former public officials. She also represents clients in state-level campaign finance enforcement matters and compliance reviews.

Alexandra has particular expertise in the Foreign Agents Registration Act (FARA) and is deeply involved in all aspects of FARA compliance and enforcement. She regularly interacts with the Department of Justice’s FARA Unit and advises clients on the design, implementation, and maintenance of sophisticated FARA compliance programs, including internal policies, tailored training programs, and registration and reporting obligations. She also represents clients in high-profile civil and criminal FARA enforcement matters, including internal investigations, retroactive registrations, and disputes with the government. Alexandra also regularly advises on compliance with the federal Lobbying Disclosure Act (LDA) and related reporting regimes, including the complex interplay between the LDA and FARA.

Her experience also includes advising current and former government officials in connection with federal investigations and related litigation, drawing on a detailed understanding of investigative processes and the unique sensitivities presented by matters involving senior public service roles.