Following the decisive election on November 5, the process of selecting and vetting individuals to fill the second Trump administration’s key appointed positions is quickly shifting into high gear. For those tapped for consideration, the decision to enter the process may be one of the most significant decisions of their
Continue Reading A Primer for Navigating the Presidential Appointee Vetting and Confirmation ProcessDerek Lawlor
Derek Lawlor is of counsel in the firm’s Election and Political Law Practice Group. Derek advises corporations, nonprofit organizations, and trade associations on compliance with federal and state lobbying, campaign finance, and government ethics laws.
Clients regularly rely on Derek to assist with their complex questions related to activities and projects that implicate all of these laws. Derek advises federal and state candidates and super PACs on campaign finance and disclosure issues. Derek also represents clients in government investigations and inquiries conducted by the Federal Election Commission, Office of Congressional Ethics, and Congressional Committees and Commissions.
Derek’s representation of clients covers the full range of important political law issues that they face, including:
- Advising clients on their registration and reporting obligations under the federal Lobbying Disclosure Act, as well as state and local lobbying laws, including helping client organizations evaluate the core questions that arise in this space:
- Has the organization or any of its employees triggered lobbying registration requirements?
- What lobbying income, expenditures, issues, or contacts need to be disclosed on lobbying reports?
- Does procurement or sales activity directed at governmental entities trigger lobbying registration in a particular jurisdiction?
- What are the best practices for designing a lobbying compliance program?
- Assisting corporations and trade associations with the establishment and operation of connected PACs, which frequently entails evaluating the following questions:
- What steps does the organization need to take to start up and register a connected PAC?
- What are the ongoing reporting requirements under the Federal Election Campaign Act (“FECA”) or state campaign finance laws?
- Which employees can the organization solicit and what are the rules on conducting a solicitation campaign?
- What are the limits on making contributions to federal, state, or local candidates, party committees, or other political committees?
- What are the best practices for designing a PAC compliance program?
- Evaluating whether a client’s proposed activities might trigger registration under the Foreign Agents Registration Act (“FARA”), and if so, advising on registration and ongoing reporting obligations;
- Advising federal and state candidates, super PACs, and other political committees on compliance with FECA, FEC regulations and reporting requirements, state campaign finance laws, rules on disclaimers placed on communications, and other political law compliance topics;
- Counseling individuals who are entering government service, including Senate-confirmed positions, on the various financial disclosure requirements, conflicts of interest considerations, and other ethics law issues they may face;
- Helping clients establish politically active or policy-focused nonprofit organizations, and proving ongoing support related to tax and political law issues that might arise from their activities; and
- Advising corporations, nonprofits, and individuals on their proposed donations to candidates, political committees, and other politically active outside groups.
Derek is a Professorial Lecturer in Law at the George Washington University Law School.
Prior to receiving his law degree, Derek worked in the Office of General Counsel at the U.S. House of Representatives.
Senate Passes Two FARA-Related Bills
On Thursday, the Senate passed two bills — The Lobbying Disclosure Improvement Act (S. 264) and Disclosing Foreign Influence in Lobbying Act (S. 289) — that attempt to increase disclosure of Foreign Agents Registration Act (“FARA”) activity through amendments to the Lobbying Disclosure Act (“LDA”). The…
Continue Reading Senate Passes Two FARA-Related BillsCovington Releases Updated Survey of Federal and State Campaign Finance, Lobbying, and Gift Rules (2023 Edition)
Covington annually publishes a detailed survey of state campaign finance, lobbying, and gift rules. Now, for the first time, Covington is releasing an updated survey that details federal campaign finance, lobbying, and gift rules, in addition to those of the 50 states and the District of Columbia. Corporations, trade associations, non-profits…
Continue Reading Covington Releases Updated Survey of Federal and State Campaign Finance, Lobbying, and Gift Rules (2023 Edition)What You Need to Know about the FEC’s New Internet Communications Disclaimer Rules
Political committees, advertisers, and advertising platforms have operated under a cloud of uncertainty regarding which disclaimers, if any, must appear on internet-based advertisements. Existing Federal Election Commission (“FEC”) regulations and guidance left many unanswered questions about the disclaimers required for these increasingly important internet ads. The FEC has finally offered…
Continue Reading What You Need to Know about the FEC’s New Internet Communications Disclaimer RulesUpdated and Expanded: Covington Announces 2023 Edition of Pay-to-Play Rule Survey
For over a decade, Covington has published a detailed survey of the “pay-to-play” laws of all 50 states. Now, for the first time, Covington is updating the survey with a new section covering federal pay-to-play rules, in addition to those of the 50 states and many cities and counties. This…
Continue Reading Updated and Expanded: Covington Announces 2023 Edition of Pay-to-Play Rule SurveyInflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase Ever
The Federal Election Commission has announced contribution limits for 2023-2024. The new “per election” limits are effective for the 2023-2024 election cycle (November 9, 2022 – November 5, 2024), and the calendar year limits are effective January 1, 2023. The new limits represent the largest election cycle increase since the…
Continue Reading Inflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase EverCovington Releases Updated Version of “FARA: A Guide for the Perplexed”
In 2018, Covington published the original version of its widely read primer on the Foreign Agents Registration Act, “FARA: A Guide for the Perplexed.” We have updated this primer periodically. Today, the firm released the latest edition of the primer, featuring new analysis of recent Department of Justice guidance…
Continue Reading Covington Releases Updated Version of “FARA: A Guide for the Perplexed”Ranking of Companies on PoliticalDisclosure Now Expanded to Russell 1000
The CPA-Zicklin Index, which ranks companies’ political disclosure practices, has issued a new
report ranking companies in the Russell 1000 Index. This is a significant expansion of the Index,
which previously only covered companies from the S&P 500. The expansion will impact many
public companies that have not previously been…
FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political Advertisements
Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay for political advertisements, and their donors now have more answers to long-running questions regarding when donations to these groups are publicly reportable. After postponing consideration of the issue during its previous meeting, the Federal Election Commission (“FEC”) approved Wednesday…
Continue Reading FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political AdvertisementsConsidering the Broader Implications of Cruz v. FEC
Late last week, the Supreme Court indicated that it intends to review a challenge by Senator Ted Cruz (R-TX) to federal limits on the use of post-election contributions to repay pre-election loans that candidates make to their own campaigns. This follows an earlier three-judge district court decision that struck down…
Continue Reading Considering the Broader Implications of Cruz v. FEC