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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.

With Election Day 2016 in the books, the political world turns to the transition of power and the January 20, 2017 Inauguration of President-elect Donald Trump and Vice President-elect Mike Pence. With the swearing in of the new President and Vice President will come the traditional balls, parties, and receptions.
Continue Reading The 2017 Presidential Inauguration: Ethics and Compliance Issues

Over the next nine weeks, the Trump Presidential Transition team will formulate policy and staffing recommendations for the new administration. This alert gives a broad overview of the Transition and the laws that regulate interactions with Transition team members on issues related to appointments and policy recommendations. Persons interested in
Continue Reading Guidelines for Interacting with President-Elect Trump’s Transition Team

Last week, the U.S. District Court for the District of Columbia ruled in favor of the Senate Permanent Subcommittee on Investigations in a rare case that has the potential to contribute significantly to the case law concerning congressional investigations. It is uncommon for a federal court to have an opportunity
Continue Reading The Senate’s District Court Win in the Backpage Subpoena Fight Could Have Significant Implications for Congressional Investigations

Earlier this afternoon, the House Clerk’s Office sent out emails to a number of registered federal lobbyists and lobbyist organizations alerting them to a missing 2016 Mid-Year LD-203 contribution report (due on August 1, 2016).  It appears that this email was sent in error to a batch of registrants who
Continue Reading House Clerk’s Office Apparently Sends Out Late Lobbyist Report Notices In Error

Covington recently released a high-level primer that provides political consultants with a practical resource for creating and running a federal Super PAC in a legally compliant manner.  The primer, which is available here, explains the history and basic rules that apply to federal Super PACs.  The primer then discusses
Continue Reading Forming and Operating Super PACs: A Practical Guide for Political Consultants in 2016

California has existing regulations that define when expenditures by outside groups, including super PACs, are coordinated with candidates and become illegal contributions to those campaigns.  These rules create a presumption of coordination under certain circumstances.  Yesterday, the Fair Political Practices Commission (“FPPC”) approved revisions to its rules on independent expenditures
Continue Reading California Approves Strict Rules on Super PAC Coordination

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
Continue Reading National Party 2.0: FECA Amendments in Omnibus Spending Bill Increase Fundraising Power of National Parties

The Office of the Law Revision Counsel, the keepers of the official U.S. Code, recently announced that voting and election provisions currently located in titles 2 and 42 (including FECA) will soon be transferred to a new title 52.  The official conversion table can be found here.  The
Continue Reading Surprise! FECA Will Be Moving Across Town to Title 52 on September 1

On March 14, 2014, the U.S. Attorney’s Office for the District of Columbia filed a civil complaint in a Lobbying Disclosure Act (“LDA”) enforcement action against an Alexandria, Virginia based lobbying firm.  (Hat tip to Legal Times.)  This is only the second such complaint to be filed.  We reported
Continue Reading Another Lobbying Firm Hit With LDA Civil Complaint

The Seventh Circuit Court of Appeals recently held that the application of Indiana’s telemarking statute to interstate political calls was not preempted by federal law.  You can read more details on the case, Patriotic Veterans v. Indiana, on Covington’s Inside Privacy blog.  One important takeaway from the case is
Continue Reading Seventh Circuit Upholds Indiana Statute Regulating Interstate Political Robocalls