An election year brings ample opportunities for corporations to participate in the political process, and the current political environment can create enormous pressures to do so. But with these opportunities and pressures come legal risks and compliance burdens. Given the differing and complex rules across jurisdictions, companies should be aware
Continue Reading The 6 Top Compliance Mistakes by Corporations in an Election Year
Kimberly Railey
Kimberly Railey is an associate in the firm’s Washington, DC office. She is a member of the Election and Political Law Practice Group, advising corporations, PACs, nonprofits, and individuals on compliance with federal and state lobbying, campaign finance, and government ethics laws. She also represents and counsels clients in matters before government agencies and Congress.
Prior to law school, Kimberly was a political reporter for a nonpartisan publication in Washington, DC.
Corporate and Industry “Mega PACs”: The Next Frontier for Super PACs
Since the landmark Citizens United decision in 2010, super PACs have become a fixture of U.S. political campaigns. But despite the initial anticipated boom in corporate influence in elections, most super PAC funding to date has come from wealthy individuals, closely-held corporations, and nonprofits, not from large for-profit corporations.
However…
Continue Reading Corporate and Industry “Mega PACs”: The Next Frontier for Super PACsForming and Operating Super PACs: A Practical Guide for Political Consultants in 2026
In the 2024 election cycle, super PACs spent a reported $2.7 billion at the federal level, up from roughly $1.4 billion in 2022. And in 2025, super PACs poured tens of millions into state and local races, including the New Jersey gubernatorial race and the New York City mayoral…
Continue Reading Forming and Operating Super PACs: A Practical Guide for Political Consultants in 2026Corporate Political Disclosure Shareholder Proposals Draw Surprising Support
Shareholder proposals on political issues—particularly lobbying spending disclosure and campaign finance issues—have been a common part of the proxy landscape for some time now. This proxy season, proposals seeking greater transparency around corporate political spending had surprising success compared to the past. This alert highlights that, especially given this development…
Continue Reading Corporate Political Disclosure Shareholder Proposals Draw Surprising SupportWhen Investor Relations Become Procurement Lobbying
Employees in the investor relations departments of hedge fund managers and private equity firms typically do not consider themselves “lobbyists.” But state and local regulators sometimes have a different view. This article, published in the Hedge Fund Law Report, explains the types of investor relations activities that could…
Continue Reading When Investor Relations Become Procurement LobbyingCalifornia Updates Pay-to-Play Law Regulations to Reflect Recent Law Changes
Important changes to California’s pay-to-play law took effect January 1, 2025, and now the state’s regulations have caught up to the law.
The state’s Fair Political Practices Commission adopted the new regulations late last month, following statutory revisions to California’s complex pay-to-play law found at California Government Code § 84308…
Continue Reading California Updates Pay-to-Play Law Regulations to Reflect Recent Law ChangesFEC Raises Contribution Limits for 2025-2026
The Federal Election Commission has announced contribution limits for 2025-2026. The new “per election” limits are effective for the 2025-2026 election cycle (November 6, 2024 – November 3, 2026), and the calendar year limits are effective January 1, 2025.
The FEC increased the amount an individual can contribute to a…
Department of Justice Proposes Major Changes to FARA Regulations, Including Sweeping Changes Affecting Multinational Companies
On January 2, 2025, the Department of Justice published a Notice of Proposed Rulemaking
(“NPRM”) soliciting public comments on potential amendments to the Department’s regulations
regarding the Foreign Agents Registration Act (“FARA”). The regulatory amendments proposed
by the Department are significant, and they would take the statute in a substantially…
FEC Year in Review 2024
With a game-changing advisory opinion (AO 2024-01), 2024 started out with a bang at the Federal Election Commission (“FEC”). Other consequential opinions, enforcement actions, and regulations continued in the following months, challenging the notion that the divided Commission cannot find consensus.
In this alert, we highlight the FEC’s major…
Continue Reading FEC Year in Review 2024Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election Season
With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes…
Continue Reading Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election Season