If you skipped to the final pages of the omnibus spending bill unveiled last night to see how it ends, you would find a rather dramatic change in campaign finance law related to party committee contribution limits. Page 1599 (of 1603) of the spending package contains amendments to the Federal Election Campaign Act (FECA) that
Tony Herman recently rejoined the firm after serving as General Counsel at the Federal Election Commission where he was responsible for managing some 100 lawyers in the Office of General Counsel’s four divisions. He had overall responsibility for all of the agency’s enforcement, litigation, and advisory opinion matters.
A first-chair litigator and trial lawyer, Mr. Herman has tried to verdict more than 20 cases, jury and non-jury, in federal and state courts and before arbitration panels throughout the US. His broad ranging general litigation, arbitration and trial practice includes intellectual property and technology litigation, employment litigation, FDA litigation, and general commercial litigation involving contracts, license agreements, and business torts. He has been in charge of large, complex litigation matters for companies such as National Geographic, Thomson Reuters, Gannett, Norfolk Southern, Sanofi, Pfizer, Johnson & Johnson, Merck, Schering-Plough, Novartis Vaccines, Astellas, and Wyeth. He also has advised public officials and high profile individuals and negotiated labor and employment agreements.
That the FEC often deadlocks is noteworthy but no longer newsworthy. How parties who are regulated by the FEC deal with this logjam, however, remains hotly debated and timely.
The prospect of 3-3 votes on advisory opinion requests, in particular, is often the subject of much handwringing. How should a party deal with a deadlock…