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Elizabeth Upton Duncan

Elizabeth Upton Duncan is a member of the Election and Political Law Practice Group in the Washington, DC office, representing and counseling corporate, political, and individual clients in matters before government agencies and Congress. Elizabeth defends clients in high-profile congressional investigations before House and Senate Committees, as well as in criminal and civil government investigations before the Public Integrity Section of the Department of Justice and the Federal Election Commission. She has experience assisting companies in responding to formal and informal inquiries, requests, and subpoenas for documents, information, and testimony, and has experience preparing senior executives to testify before congressional committees. Prior to joining Covington, Elizabeth served as a Law Clerk to the U.S. Senate Permanent Subcommittee on Investigations (PSI).

Elizabeth also advises companies, PACs, nonprofits, and individuals on the full range of political law compliance and enforcement matters involving federal election, campaign finance, lobbying, and government ethics laws, as well as the election and political laws of states and municipalities across the country.

The artificial intelligence industry could face a new, dedicated congressional investigative committee if Democratic Members of Congress take control of the House of Representatives following November’s midterm elections.  The House Democratic leaders are reportedly laying the groundwork to create a select committee focused on artificial intelligence (“AI”) in the new

Continue Reading AI Industry Could Face New House Committee Armed with Subpoena Power

On September 3, 2026, the Securities and Exchange Commission (“SEC”) voted to propose rescinding in its entirety Rule 206(4)-5 under the Investment Advisers Act of 1940, the agency’s longstanding “pay-to-play rule” applicable to investment advisers. If finalized, the proposal would eliminate the most significant federal political law compliance regime for

Continue Reading SEC Proposes to Repeal Longstanding Pay-to-Play Restrictions on Investment Advisers

In an August 2026 Unified Agenda entry, the Department of Justice (“DOJ”) stated that it intends to complete its long-running effort to revise the regulations implementing the Foreign Agents Registration Act (“FARA”). The National Security Division (“NSD”) stated that it is considering a final rule that would adopt “many

Continue Reading DOJ Signals it will Move Forward with Significant Revisions to FARA Regulations

In a major decision today, the Supreme Court in NRSC v. FEC struck down longstanding limits on “coordinated party expenditures” that restricted the amounts political parties could spend in coordination with federal candidates. With this decision, national party committees and the federal accounts of state parties can now spend unlimited

Continue Reading Supreme Court Decision in National Republican Senatorial Committee v. Federal Election Commission Empowers Political Parties, Calls Other Restrictions into Question

As the election season intensifies, companies face a rapidly evolving landscape of regulatory, compliance, and reputational considerations. With heightened scrutiny on political engagement, lobbying, campaign finance, and communications, organizations must be prepared to navigate complex and fast-moving legal requirements.

Drawing on our deep experience in election and political law, public

Continue Reading Covington Launches Election Year Toolkit

Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of political laws for 2026.

Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate federal or state laws governing corporate and personal political activities, the registration of

Continue Reading Covington Announces Political Law Survey (2026 Edition)

Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of pay-to-play laws for 2026.

Companies doing business with the federal government or state and local governments and companies operating in regulated industries are subject to a dizzying array of “pay-to-play” rules. These rules effectively

Continue Reading Covington Announces Pay-to-Play Survey (2026 Edition)

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. This week, the firm released the latest edition of the primer, featuring new analysis of recent Department of Justice

Continue Reading Covington Releases Updated Version of “FARA:  A Guide for the Perplexed”

Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of political laws for 2025.

Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate federal or state laws governing corporate and personal political activities, the registration of

Continue Reading Covington Announces Political Law Survey (2025 Edition)

Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of pay-to-play laws for 2025.

Companies doing business with the federal government or state and local governments and companies operating in regulated industries are subject to a dizzying array of “pay-to-play” rules. These rules effectively

Continue Reading Covington Announces Pay-to-Play Survey (2025 Edition)