Updates on Developments in Campaign Finance, Lobbying & Government Ethics Law
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 2024Following the decisive election on November 5, the process of selecting and vetting individuals to fill the second Trump administration’s key appointed positions is quickly shifting into high gear. For those tapped for consideration, the decision to enter the process may be one of the most significant decisions of their…
Continue Reading A Primer for Navigating the Presidential Appointee Vetting and Confirmation ProcessUpdate: On September 19, 2024, the Senate Committee on Health, Education, Labor, and Pensions (HELP) voted unanimously to adopt resolutions for civil and criminal enforcement of the Committee’s subpoena to Steward Health Care CEO Dr. Ralph de la Torre. On September 25, 2024, the full Senate voted unanimously to refer…
Continue Reading An Empty Chair and a Not-so-Empty Threat: Senate HELP Committee to Vote on Rare Civil and Criminal Subpoena Enforcement Actions Against Steward Health Care CEOThe Securities and Exchange Commission (SEC) this week issued a cease-and-desist order that demonstrates the SEC pay-to-play rule’s expansiveness and the SEC’s readiness to enforce it to the letter, even when it is virtually impossible that a political contribution could have influenced a government entity’s investment decision.
In this alert…
Continue Reading SEC Enforcement Order Highlights Far Reach of Pay-to-Play RestrictionsWith 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 SeasonWith the 2024 election cycle in full swing in the United States, on Wednesday, May 22, 2024, FCC Chairwoman Jessica Rosenworcel asked her fellow Commissioners to approve a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal to require a disclosure when political ads on radio and television contain…
Continue Reading FCC Chair Proposes AI Labeling for Political Ads on TV and RadioThe Democratic and Republican National Party Conventions are a premiere forum for businesses and trade groups to elevate their priorities to candidates, elected officials, and staff. However, thanks to a complex regulatory regime, participation in convention events can invite scrutiny and legal trouble. The Republican Convention is scheduled to take…
Continue Reading Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party ConventionsGeorgia Governor Brian Kemp has vetoed Georgia Senate Bill 368, which would have created a requirement in state law for certain “agents of foreign principals” to register and report certain lobbying and political activities in Georgia. This is the first of the wave of recently proposed baby FARA bills at…
Continue Reading Georgia Governor Vetoes “Baby” FARA BillOver the past several weeks, legislatures in Arizona, California, Georgia, Oklahoma, and Tennessee have introduced bills that mirror the federal Foreign Agents Registration Act (“FARA”). There has been a trend in the states to enact so-called “baby FARA” laws that apply to foreign influenced political activity…
Continue Reading States Introduce More “Baby” FARA BillsA New Orleans magician recently made headlines for using artificial intelligence (AI) to emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity. As rapidly evolving…
Continue Reading As States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide Policies