With 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 complicated—political law traps. In this
Inside Political Law
Updates on developments in campaign finance, lobbying & government ethics law
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Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party Conventions
The 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 place in Milwaukee from July…
Georgia Governor Vetoes “Baby” FARA Bill
Georgia 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 the state level, designed to…
States Introduce More “Baby” FARA Bills
Over 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 in the states, although until…
Gratuity or Gift? The Supreme Court May Soon Delineate the Difference
By Peter Koski & Samuel Klein
Federal circuit courts are split on a core question of corruption law: whether state and local officials, and agents of organizations that contract with or receive benefits from the federal government, may lawfully accept gratuities.
It is generally a federal crime for state and local officials to act in their official capacities in exchange for…
DOJ Officials Signal New Trends in Enforcement and Interpretation of the Foreign Agents Registration Act
On December 1, 2023, three top U.S. government officials responsible for enforcing the Foreign Agents Registration Act (“FARA”) gave remarks at the American Conference Institute’s 5th National Forum on FARA. In their remarks, each of the speakers – Deputy Assistant Attorney General Eun Young Choi, the Acting Chief of the Counterintelligence and Export Control Section…
Congress Removes Foreign Agents Registration Act (“FARA”)-Related Provisions from Final NDAA
Today, Congress announced the final version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024. The NDAA is an annual bill that contains important provisions related to the Department of Defense and international security, among other things. An earlier version of the bill contained two key provisions related to the Foreign Agents Registration…
Newly Issued DOJ Guidance Adds Significant New Requirements for Criminal Investigations Relating to Congress
This week, the Department of Justice (DOJ) released a new memorandum from Deputy Attorney General Lisa Monaco updating its policies and procedures for criminal investigations involving Members of Congress and congressional staff.
DOJ emphasized that investigations reaching Congress are important and “sensitive matters,” and explained that the additional guidance would address the “unique challenges”…
FEC Seeks Comment on AI Petition After Earlier Deadlock, But New Rules Remain Elusive
The Federal Election Commission (FEC) officially dipped its toes into the ongoing national debate around artificial intelligence (AI) regulation, publishing a Federal Register notice seeking comment on a petition submitted by Public Citizen to initiate a rulemaking to clarify that the Federal Election Campaign Act (FECA) prohibits deceptive AI-generated campaign advertisements. The Commission unanimously approved…
Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress. Led by Chairman Mike Gallagher (R-Wis.) and Ranking Member Raja Krishnamoorthi (D-Ill.) of the U.S. House Select Committee on the Chinese Communist Party, the bill would amend the Foreign Agents Registration Act (“FARA”) to clarify…