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- Practices and Industries
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- Election and Political Law
- Lobbying Disclosure Act Compliance
Since the federal Lobbying Disclosure Act (“LDA”) took effect on January 1, 1996, Covington has been a leading advisor to lobbyists and their clients on compliance with the LDA. More recently, we have established ourselves as among the leading experts on the Honest Leadership and Open Government Act (“HLOGA”), which amended and strengthened the LDA. While there was no enforcement of the LDA during the first decade of its existence, the U.S. Department of Justice has begun to conduct LDA enforcement actions and is this trend is expected to increase. We also advise clients on the confusing array of state lobbying laws.
Our Election and Political Law Practice Group routinely provides advice concerning the requirements of the LDA and HLOGA, and the systems and procedures required to ensure compliance. We conduct compliance training, review existing procedures, and advise on optimal internal controls. The relative lack of published authority and guidance interpreting the LDA and HLOGA often leads to confusion concerning required methods of tracking and disclosing lobbying activity, and we are well-equipped to help clients navigate those uncertainties.
- Tax Issues: There is also a tax aspect to lobbying disclosure, and Covington has extensive experience advising clients on the interplay between the tax laws and the LDA with regard to tracking and reporting lobbying activity. This includes expertise in the treatment of lobbying activity by tax-exempt organizations. Our Election & Political Law group is one of the few to include a tax lawyer who specializes in political tax issues.
- State Lobbying Laws: Lobbying laws at the state level represent a hodge podge of disparate provisions that in many cases do not mirror the federal law. These laws are constantly in flux. We advise clients on their registration and reporting obligations for lobbying at the state level, and the interplay between state lobbying, gift, and campaign finance laws.
- Procurement and Public Pension Fund Lobbying: Several states have recently started treating marketing contacts with public pension funds as lobbying activity. In addition, these communications and others related to procurement contracts with state agencies can trigger existing lobbying laws. Our Election & Political Law group has broad experience advising clients on the registration and reporting requirements of these state lobbying laws.
Lobbying Disclosure Act audit
Conducted an audit of Lobbying Disclosure Act compliance practices for a Wall Street financial institution.
Lobbying Disclosure Act audit for financial institution
Conducted an audit of Lobbying Disclosure Act compliance practices for a Wall Street financial institution.
Lobbying Disclosure Act registration and reporting advice to financial firm
Provided advice to a financial firm on registering under the LDA and assisting the firm with ongoing reporting obligations.
Lobbying disclosure advice to Fortune 50 company
Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.
Lobbying disclosure advice to major trade association
Serve as outside political law compliance counsel to a major trade association, advising on a range of matters, including the Lobbying Disclosure Act and federal election laws.
Advice to major hedge funds
We advise various major hedge funds on all of their campaign finance and lobbying compliance issues, including state lobbying registration laws that apply to hedge fund marketing activities.
March 24, 2020, Inside Political Law
The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with ...
March 24, 2020, Inside Political Law
The countless lobbyists urging Congress to include relief for their clients in the third coronavirus legislative package (“COVID 3.0”) currently pending in Congress may soon be unemployed, at least if the House version becomes law. The Take Responsibility for Workers and Families Act (H.R. 6379), proposed by Democrats in the House of Representatives on ...
March 17, 2020, Inside Political Law
Last year, we blogged about a new and highly restrictive disclosure law in New Jersey that took aim at so-called “dark money” spending by nonprofit and political organizations. In response to a series of lawsuits, a federal court has issued an order permanently prohibiting the state from enforcing the law against “independent expenditure committees” as...… ...
April 8, 2019, Inside Political Law
The recent passage of the Justice Against Corruption on K Street Act of 2018 (“JACK Act” or the “Act”) imposes new requirements on those registering and filing reports under the Lobbying Disclosure Act (“LDA”). The Act amends the LDA to require that LDA registrants disclose listed lobbyists’ convictions for criminal offenses involving bribery, extortion, ...
April 3, 2019, Covington Alert
On March 29, the U.S. Government Accountability Office (“GAO”) released the results of its annual report on compliance with the federal Lobbying Disclosure Act (“LDA”).
January 19, 2018, Inside Political Law
As sexual abuse, assault, harassment, and other misconduct have dominated national headlines, state capitols and lobbyists have not escaped scrutiny. Amidst a spate of allegations and member resignations, some state legislatures and ethics commissions are taking action. While a variety of measures are being considered, including tightening gift rules, it is ...
September 22, 2017, Inside Political Law
Perhaps no industry faces more scrutiny and regulation of its political activities than the financial services industry. Even though these rules are often not intuitive, failure to comply with them can result in big penalties, loss of business, and debilitating reputational consequences. In this advisory, we describe three sometimes overlooked political law ...
August 7, 2017, Inside Political Law
Corporate legal and compliance departments are usually well aware of the laws regulating lobbying the federal government. Recent news reports, however, indicate that companies have more trouble with state and local lobbying laws. A few features of state and local lobbying make it a tricky blind spot. This increases the risk of failing to properly...… Continue ...
August 7, 2017, Covington Alert
Corporate legal and compliance departments are usually well aware of the laws regulating lobbying the federal government. Recent news reports, however, indicate that companies have more trouble with state and local lobbying laws.
April 26, 2017, Inside Political Law
Organizations represented by lobbyists in Virginia should be aware of a new law enacted today. The law eliminates a controversial exception to the state’s $100 limit on lobbyist gifts to legislators and officials, adds a key new exception to that law, and also includes an additional gift notification requirement for lobbyists. The changes represent ...
April 5, 2017, Inside Political Law
On Friday, the Government Accountability Office (“GAO”) released its tenth annual report on compliance with and enforcement of the federal Lobbying Disclosure Act (“LDA”). The report summarizes the results of GAO’s random audits of lobbyists’ quarterly LD-2 activity reports and semi-annual LD-203 contribution reports, and provides a snapshot of the current ...
January 24, 2017, Inside Political Law
Earlier this month, newly-installed Missouri Gov. Eric Greitens issued Executive Order 2, applying strict ethics rules to executive branch employees in that state. The order includes a ban on gifts from lobbyists, conflicts of interest rules, and a “revolving door” provision that prohibits employees who leave Greitens’ office from later lobbying his ...
July 21, 2016, Law360
John Veroneau is quoted in a Law360 article regarding reported BigLaw LDA filing numbers at the midyear point. According to Veroneau, Covington’s LDA filings “exceed our levels from a year ago, which is especially good in light of reports that overall federal lobbying expenditures are down this year.” He continues, “We are also very pleased with some very good ...
Back to Election and Political Law
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Corporate and Trade Association Political Activity
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Corporate Political Disclosure
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FEC Advice and Enforcement
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Foreign Agents Registration Act
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Government Affairs Compliance Reviews
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Lobbying and Campaign Finance Internal Investigations
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Lobbying Disclosure Act Compliance
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Pay-to-Play Law Advice
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Political Tax and Tax Exempt Organizations
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State and Local Enforcement
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Super PACs
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Vetting and Confirmation of Political Appointees