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 risks are especially acute when the target company is a government contractor, retains a lobbying firm, has a government affairs department, operates a PAC, or has politically active executives.  To help investment firms and acquirers navigate these issues, we recently published an article addressing the top political law red flags to consider in the diligence process.  Red flags addressed include:

  • Is there a lingering “pay-to-play” problem that could jeopardize a major contract?
  • Is the company appropriately registered under applicable lobbying laws?
  • Is there a looming FARA problem?

By considering these and other political law issues up-front, an acquirer can avoid being blindsided by a massive compliance problem and can adjust purchase terms to minimize any risk the acquirer may inherit from the target.

Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.

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Photo of Russell Kott Russell Kott

Russell provides years of experience to the Technical Support Success Team to assure quality and efficient customer service. While growing within his role as a technical support specialist, he utilizes his time to focus energy in improving skills towards development and design to…

Russell provides years of experience to the Technical Support Success Team to assure quality and efficient customer service. While growing within his role as a technical support specialist, he utilizes his time to focus energy in improving skills towards development and design to improve his role within the company and his future career.

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