In recent years, Congress has become increasingly focused on private sector cybersecurity practices as a matter of public concern and national security, particularly as the cybersecurity threat landscape continues to evolve rapidly. Lawmakers on both sides of the aisle have demonstrated sustained interest in whether companies appropriately collect, safeguard, and respond to compromises of sensitive
Inside Political Law
Updates on developments in campaign finance, lobbying & government ethics law
Rare House Contempt Resolutions Signal Heightened Risks for Private Parties
Earlier this month, the House of Representatives adopted resolutions holding two witnesses in contempt of Congress for failing to comply with subpoenas issued by the House Committee on Ethics in connection with the Committee’s investigation of alleged congressional ethics violations by former Representative Sheila Cherfilus-McCormick (D-Fla.). The House acted unanimously, by a voice vote, after…
DOJ Issues Press Release Regarding Liability for Unregistered Foreign Agents
Today the Department of Justice (“DOJ”) issued an unusual press release that may signal stepped up enforcement of the Foreign Agents Registration Act (“FARA”). In the press release, DOJ reminded the public of FARA’s requirements and warned of potential “civil and criminal liability” for noncompliance. In this alert, we summarize several aspects of…
AI Industry Could Face New House Committee Armed with Subpoena Power
The artificial intelligence industry could face a new, dedicated congressional investigative committee if Democratic Members of Congress take control of the House of Representatives following November’s midterm elections. The House Democratic leaders are reportedly laying the groundwork to create a select committee focused on artificial intelligence (“AI”) in the new Congress, potentially with a broad…
New Lawsuit Raises Unresolved Questions About House Civil Subpoena Enforcement
Former Apollo Global Management CEO Leon Black has taken the unusual step of filing a lawsuit seeking to preclude the House of Representatives’ Committee on Oversight and Government Reform from enforcing subpoenas the Committee issued in its investigations related to Jeffrey Epstein. Black’s complaint, which challenges the Committee’s authority to enforce its subpoenas through civil…
SEC Proposes to Repeal Longstanding Pay-to-Play Restrictions on Investment Advisers
On September 3, 2026, the Securities and Exchange Commission (“SEC”) voted to propose rescinding in its entirety Rule 206(4)-5 under the Investment Advisers Act of 1940, the agency’s longstanding “pay-to-play rule” applicable to investment advisers. If finalized, the proposal would eliminate the most significant federal political law compliance regime for investment advisers and reverse a…
The Procedural Puzzle Complicating the Fauci Contempt Referral
As widely reported, the Senate Homeland Security and Governmental Affairs Committee voted to hold Dr. Anthony Fauci in contempt of Congress following his appearance before the Committee in July, where he refused to answer the Committee’s questions by asserting his rights under the Fifth Amendment. At the same time, the procedure used by Chairman Rand…
DOJ Signals it will Move Forward with Significant Revisions to FARA Regulations
In an August 2026 Unified Agenda entry, the Department of Justice (“DOJ”) stated that it intends to complete its long-running effort to revise the regulations implementing the Foreign Agents Registration Act (“FARA”). The National Security Division (“NSD”) stated that it is considering a final rule that would adopt “many, but not all, of” the…
OLC Opinion Would Extend Executive Privilege to Include Private Advisers, Inviting Future Disputes with Congress and New Considerations for Private Parties
The Department of Justice’s Office of Legal Counsel (“OLC”) has issued a new legal opinion that may offer the administration new tools to withhold from disclosure the President’s communications with certain private parties. In an opinion published this week, OLC concluded that the presidential communications privilege shields from disclosure certain communications between the President and…
Fauci Contempt Vote Underscores Renewed Stakes of Congressional Testimony
On August 6, 2026, the Senate Homeland Security and Governmental Affairs Committee voted along party lines to hold Dr. Anthony Fauci in contempt of Congress. The vote followed Dr. Fauci’s refusal to answer questions during a July 29, 2026, hearing regarding the federal government’s COVID-19 response. The Committee referred the matter to the Department of…