Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate state laws governing corporate and personal political activities, the registration of lobbyists, lobbying reporting, or the giving of gifts or items of value to government officials or employees. To help organizations and individuals comply with these rules, Covington
Political Law
FCC Chair’s Proposed Order: Ringless Voicemails Require Prior Consent
FCC Chairperson Jessica Rosenworcel issued a press release on Wednesday stating that she has circulated to her fellow FCC commissioners and proposal that, if adopted by the agency, will clarify that the TCPA and related FCC rules impose a consent standard on “ringless voicemails” delivered to a user’s voicemail inbox.
The proposed action responds to…
Senate Subpoena Power Under the 2021 Power-Sharing Agreement
Recently, the Senate adopted a power-sharing agreement providing some contours for organizing the equally divided body. As we have discussed previously, such agreements are very rarely needed. The Senate has only faced a 50-50 partisan split a handful of times. The most recent instance, in 2001, prompted the first power-sharing agreement, which served as a…
Covington Releases Investigations Manual for House and Senate Chiefs of Staff
Today Covington released an updated version of its manual for Chiefs of Staff to Members of Congress concerning best practices for responding to government investigations of Members and their staff. Titled “A How-To Guide for Chiefs of Staff,” the manual describes how government investigations of Members and staff unfold and the steps that Chiefs of…
Governing Under an Equally Divided Senate
After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the…
A Primer for Navigating the Presidential Appointee Vetting and Confirmation Process
With the election over, the process of selecting and vetting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the decision to enter the process may be one of the most important and life-changing decisions they ever make. Accordingly,…
Political Campaigns Among Entities Alleged to Have Violated TCPA
Yesterday, a complaint was filed in a Minnesota federal district court against Bernie 2020 Inc. (“the Sanders Campaign”), alleging that the Sanders Campaign transmitted automated text messages to mobile telephone numbers without the “prior express consent” of their recipients in violation of the Telephone Consumer Protection Act (“TCPA”).
The complaint alleges that at least two…
Congressional Pandemic Oversight Bodies Begin to Take Shape
As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional pandemic-related oversight. In recent weeks,…
House Leaders Push Ahead with Proposal for Virtual Oversight
Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to…
GAO Set To Launch Flurry of COVID-19 Related Audits
The Government Accountability Office (“GAO”), often referred to as Congress’ watchdog, is ramping up its oversight activities in preparation for an influx of investigations into fraud, waste, abuse, and mismanagement of funds distributed in Congress’s $2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The GAO recently signaled its intent to investigate a…