Political Law

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
Continue Reading A Primer for Navigating the Presidential Appointee Vetting and Confirmation Process

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
Continue Reading Political Campaigns Among Entities Alleged to Have Violated TCPA

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
Continue Reading Congressional Pandemic Oversight Bodies Begin to Take Shape

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
Continue Reading House Leaders Push Ahead with Proposal for Virtual Oversight

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
Continue Reading GAO Set To Launch Flurry of COVID-19 Related Audits

As the coronavirus pandemic continues across the country, many corporations, organizations, and individuals are looking for ways they can help fight back. This often includes donating money, goods, or services to federal, state, or local government entities. These well-intentioned donations can generate compliance problems if not handled appropriately from the
Continue Reading Compliance Considerations for Companies and Individuals Donating Funds, Goods, or Services to Domestic Government Entities

The countless lobbyists urging Congress to include relief for their clients in the third coronavirus legislative package (“COVID 3.0”) currently pending in Congress may soon be unemployed, at least if the House version becomes law.

The Take Responsibility for Workers and Families Act (H.R. 6379), proposed by Democrats
Continue Reading House COVID 3.0 Legislation Would Ban Federal Lobbying and Impose Permanent Corporate Political Spending Disclosure Requirements for Aid Recipients

Amid ongoing focus on how social media and other companies approach online advertising, California’s latest effort to require disclosure of online advertising will take effect January 1.  We blogged on these revisions to the California DISCLOSE Act, sometimes called the Social Media DISCLOSE Act, when they passed back in 2018. 
Continue Reading New Online Political Advertising Rules Coming to California January 1

So-called “dark money” — political contributions and spending by groups that do not have to disclose their donors — continues to draw the attention of state legislators, with Colorado and New Jersey recently adopting laws that attempt to force some donor disclosure from the groups.  They join other states, including
Continue Reading New Jersey, Colorado Join Growing List of States Regulating “Dark Money”

During the diligence process that precedes a merger or acquisition, investment firms and corporations should pay careful attention to political law risks.  Political laws are notoriously complex, are often not intuitive, and even seemingly minor or technical violations of these rules can result in significant penalties and reputational harm.  These
Continue Reading The Top 10 Political Law Red Flags for M&A Deals