Following an announcement in September that the White House intends to deploy the Foreign Agents Registration Act (“FARA”) to investigate persons with foreign ties that “foment political violence,” the FARA Unit of the Department of Justice (“DOJ”) quietly (and maybe inadvertently) published and then unpublished 17 new advisory opinions regarding FARA.
The publication and subsequent…
The recent decision in Freedom Path, Inc. v. Internal Revenue Service addressed whether the IRS’s standards used to deny Freedom Path’s tax exemption as a 501(c)(4) organization were unconstitutionally vague. The United States District Court for the District of Columbia partially agreed with Freedom Path, acknowledging that the relevant guidance failed to satisfy the heightened scrutiny warranted…
Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its most recent actions potentially signaling…
The U.S. Department of Justice (“DOJ” or the “Department”) announced that, effective September 11, 2025, it is withdrawing several dozen Notices of Proposed Rulemaking (“NPRMs”), Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking. The Department explained that it is “withdrawing these actions as part of the Federal Government’s deregulatory initiative and because…
On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress. In bringing his pre-enforcement challenge, Dr. de la Torre alleged that any…
Federal contractors, grantees, borrowers, and others receiving federal funds face a variety of restrictions on their use of those funds for political purposes, including for lobbying. A new presidential memorandum issued last week by President Trump highlights one of those restrictions, 31 U.S.C. § 1352, also known as the Byrd Amendment, and singles out…
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, companies should be aware of…
Congress is considering several bills to broaden disclosure and registration requirements related to the regulation of foreign agents under the Foreign Agents Registration Act (“FARA”) and the Lobbying Disclosure Act (“LDA”): the Foreign Registration Obligations for Nonprofit Transparency (“FRONT”) Act (S. 2305), Disclosing Foreign Influence in Lobbying Act (S. 856 / H.R.
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” The Attorney General’s memorandum follows…
While historically criticized for inconsistency or opacity, the House Ethics Committee appears to be moving toward a more active and transparent enforcement posture. Last week, the Committee adopted two reports finding Rep. Alexandria Ocasio-Cortez (D-NY) and Rep. Mike Kelly (R-PA) violated House ethics rules. The reports together serve as a warning—both to Members of Congress…
