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 Survey
Derek 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.
Inflation 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
Employees Running for Public Office: Political Law Compliance Considerations
Even corporations with careful political law compliance practices can be caught off guard when they learn that an employee is running for public office. The corporation may have a good understanding of what the corporation’s obligations and restrictions are in the political arena, but not fully know how to handle…
Continue Reading Employees Running for Public Office: Political Law Compliance Considerations
LDA’s Registration Threshold Increases By $1,000
Under the federal Lobbying Disclosure Act (“LDA”), an organization or lobbying firm must register if it employs an individual who meets the definition of a “lobbyist” and if its total expenses or income for lobbying activities meet certain monetary thresholds. The two non-monetary thresholds determining when an individual becomes a “lobbyist,” discussed below, are usually the main factors driving when an organization or lobbying firm must register. However, the monetary thresholds, one of which was recently increased from $13,000 to $14,000, may affect the registration obligations of entities engaged in only a de minimis amount of lobbying.
Continue Reading LDA’s Registration Threshold Increases By $1,000
FEC Increases Contribution Limits for 2021-2022
The Federal Election Commission has announced contribution limits for 2021-2022. The new “per election” limits are effective for the 2021-2022 election cycle (November 4, 2020 – November 8, 2022), and the calendar year limits are effective January 1, 2021.
The FEC increased the amount an individual can contribute to a…
Continue Reading FEC Increases Contribution Limits for 2021-2022
A Curious Advisory Opinion Reinterprets the FARA Exemption for Lawyers (and Resolves a FARA Mystery)
Last week, the Department of Justice’s FARA Unit released a curious advisory opinion. The new opinion stated that it replaced an advisory opinion released by the Department in December 2019, and it revised the Department’s guidance on the scope of the lawyers’ exemption to FARA. As far as we can…
Continue Reading A Curious Advisory Opinion Reinterprets the FARA Exemption for Lawyers (and Resolves a FARA Mystery)