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A constitutional challenge to the SEC’s “pay to play” rule moved one step closer to resolution today, even as significant hurdles remain in an effort to strike down the rule.

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments this morning on an appeal brought by
Continue Reading D.C. Circuit Hears Constitutional Challenge to SEC Pay to Play Rule

Companies and individuals doing business in Illinois should be aware of an executive order – Executive Order 15-09 – signed this week by Governor Bruce Rauner that, among other things, imposes new limitations on the acceptance of gifts by state employees.  Illinois state employees are generally prohibited by statute from
Continue Reading Illinois Governor Signs Executive Order on Ethics

A recent advisory letter by the Maryland State Ethics Commission should remind those asked to serve on transition teams to be aware of the various state laws that might be triggered by their service.  In the advisory letter, written to a government contractor, the State Ethics Commission concluded that members
Continue Reading Ethics Rules and Transition Teams: Maryland Weighs In

Yesterday, the Federal Communications Commission’s Enforcement Bureau issued an advisory reminding political campaigns about the restrictions placed on the use of autodialed calls, prerecorded calls, and text messages by the Telephone Consumer Protection Act (“TCPA”) and the FCC’s corresponding rules.  The Enforcement Bureau warns that it is “closely monitoring this
Continue Reading FCC Issues “Enforcement Advisory” Warning Political Campaigns and Promoters Against Robocall Abuse

An FEC enforcement action recently made public may be of interest to organizations that use members’ dues for political activities.  In a complaint to the FEC, a Massachusetts realtor claimed the National Association of Realtors and its state and local affiliates were forcing her into paying for their political activities
Continue Reading FEC Dismisses Challenge to Use of Trade Association Dues for Independent Expenditures

Two items in last week’s news highlight that federal tax law remains an important consideration in the lead up to the 2014 and 2016 elections.

First, the IRS released a letter that denied the application of the Arkansans for Common Sense, a now defunct liberal group, for classification as a
Continue Reading IRS Release Reflects Ongoing Scrutiny of Political Activity by Nonprofits

Last week, the Federal Communications Commission announced plans to fine Dialing Services, LLC, nearly $3 million for making illegal “robocalls” to cell phones.  The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers,” that have the capacity to produce, store, and dial telephone numbers using a
Continue Reading FCC Fines Company $2.9 Million for Political Robocalls to Cell Phones

While McCutcheon concluded the government’s anti-circumvention rationale was too speculative and attenuated to justify the biennial aggregate limits, the Court did discuss “multiple alternatives available” to the government that would serve this interest while still satisfying the First Amendment.  One such suggestion involved “earmarking” rules—which bar donors from trying to
Continue Reading FEC has said little about earmarking rule discussed in McCutcheon

On Monday, a federal court granted a preliminary injunction preventing Pennsylvania from enforcing its ban on corporate contributions and expenditures insofar as the challenged statute forbids corporations from contributing to political committees that exclusively make independent expenditures.

In General Majority PAC v. Aichele, No. 1:14-cv-00332 (M.D. Pa. 2014), a
Continue Reading Federal Court Enjoins Enforcement of Pennsylvania Ban on Corporate Contributions to Super PACs