Robert K. Kelner

October 29, 2020, Covington Alert

Stability in the Democratic House means more investigations. It appears likely that the Democratic majority will retain control of the House of Representatives. The election stability in the House will translate into few, if any, changes in the leadership of the key committees most consistently involved in congressional investigations. Moreover, the rules ...

September 24, 2020, Covington Alert

In the midst of the COVID-19 pandemic, voting in the 2020 general election is likely to look different than we have seen in recent times. Election officials across the country are working through in-person voting and vote-by-mail procedures and individual voters are deciding how best to cast their ballots. At the same time, many corporations are recognizing this ...

July 27, 2020, Covington Alert

On 21 July 2020, the UK Intelligence and Security Committee (the “Committee”) published a long-awaited report regarding evidence of Russian threats against the United Kingdom. In addition to setting out the nature and extent of what the Committee considered to be hostile activities on the part of operatives with ties to Russia, the report addressed the powers ...

July 17, 2020, Global Policy Watch

Every four years, prosecutors at the Department of Justice (“DOJ”) train their sights on money spent to influence the outcome of the presidential election—and those who spend it.  While the Federal Election Commission (FEC) has exclusive jurisdiction to penalize and enforce civil violations of the Federal Election Campaign Act (FECA), 52 U.S.C. § 30101 et...… ...

July 17, 2020, Inside Political Law

Every four years, prosecutors at the Department of Justice (“DOJ”) train their sights on money spent to influence the outcome of the presidential election—and those who spend it.  While the Federal Election Commission (FEC) has exclusive jurisdiction to penalize and enforce civil violations of the Federal Election Campaign Act (FECA), 52 U.S.C. § 30101 et...… ...

July 10, 2020, Global Policy Watch

Understandably, much of the commentary following the release of the Supreme Court’s blockbuster decision in Trump v. Mazars USA, LLP has focused on the impact of the Court’s ruling on the long-running quest for the President’s tax returns and other financial records.  Buried in the Court’s opinion, however, is an easily overlooked aside regarding the...… ...

July 10, 2020, Inside Political Law

Understandably, much of the commentary following the release of the Supreme Court’s blockbuster decision in Trump v. Mazars USA, LLP has focused on the impact of the Court’s ruling on the long-running quest for the President’s tax returns and other financial records.  Buried in the Court’s opinion, however, is an easily overlooked aside regarding the...… ...

June 18, 2020, Law360

May 28, 2020, Inside Political Law

Following the Department of Justice’s announcement in March 2019 of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department began rolling out a new electronic filing system for FARA registrations in September 2019. At that time, as Covington reported, the new system applied only to new registrants, and the ...

May 26, 2020, Global Policy Watch

As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...

May 26, 2020, Inside Political Law

As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...

May 26, 2020, Covington Alert

As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...

May 20, 2020, Inside Political Law

In a 49-43 vote along party lines, the Senate confirmed Texas attorney James “Trey” Trainor to the Federal Election Commission today.  This gives the FEC a quorum for the first time since August 31, 2019, when former Commissioner Matt Petersen stepped down to enter private practice.  What effect will this have on the FEC and...… Continue Reading The post ...

Updated July 2019, Covington Guide

In 1938, Congress enacted the Foreign Agents Registration Act ("FARA"), requiring "foreign agents" to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a "foreign principal" to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of American law—and a ...

May 14, 2020, Global Policy Watch

Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to ...

May 13, 2020, Inside Political Law

Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to enable ...

May 13, 2020, Covington Alert

Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to enable ...

May 12, 2020, Covington Alert

So-called "pay-to-play" rules can be a source of substantial anxiety for companies and investment firms doing business with state or local governments. Due to these pay-to-play rules, the personal political contributions of company executives, directors, employees, and even family members of employees can cause their investment firm employers to lose millions of ...

April 30, 2020, Covington Alert

As the impact of the COVID-19 pandemic spreads through every industry, companies that previously steered clear of Washington, D.C. may find themselves contacting the federal government for assistance. From communicating with Members of Congress about potential provisions of the CARES Act to requesting new forms of assistance from federal agencies that oversee ...

April 23, 2020, Fortune

Robert Kelner spoke with Fortune about the recent allegations of politicians committing insider trading and the implications under the STOCK Act. Mr. Kelner says, “Prior to the STOCK Act, it was a source of controversy whether the existing securities laws applied to members of Congress.” He points to “carve-outs” in Section 10 of the STOCK Act that, while not ...

April 17, 2020, Global Policy Watch

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...

April 6, 2020, Covington Alert

As the coronavirus pandemic continues across the country, many corporations, organizations, and individuals are looking for ways they can help fight back. This often includes donating money, goods, or services to federal, state, or local government entities. These well-intentioned donations can generate compliance problems if not handled appropriately from the ...

April 1, 2020, Global Policy Watch

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...

March 31, 2020, Inside Political Law

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...

March 31, 2020, Covington Alert

On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...

March 25, 2020, Inside Political Law

Although a final version of the Coronavirus Aid, Relief, and Economic Security (CARES) Act is not yet available, based on what we know so far, it appears that the legislation will include the provisions described below establishing oversight functions for the use of stimulus and bailout funds.  According to a number of sources, the bill...… Continue Reading The ...

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, Covington Alert

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 ...

October 2020

Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are ...

February 18, 2020, Fortune

Robert Kelner is quoted in Fortune regarding the capabilities of Super PACs in a presidential election and what happens campaign funds when candidates drop out of the presidential race. Mr. Kelner says, “Super PACs have fairly broad discretion on what they can do with excess funds.” He adds, “Where you see a lot of money left over in the Super PAC after the ...

January 30, 2020, Covington Alert

It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.

January 8, 2020, Covington Alert

In United States v. Blaszczak,[i] a divided panel of the Second Circuit held that the federal wire fraud statute and a rarely used securities fraud statute criminalize insider trading beyond the reach of what is covered by the statute historically used to prosecute the offense. The decision may lead to an increase in insider trading prosecutions, including those ...

October 29, 2019, Global Policy Watch

Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations.  Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...

October 29, 2019, Covington Alert

Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations. Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...

October 28, 2019, Inside Political Law

Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations.  Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...

October 2, 2019, Time

Robert Kelner spoke with Time about Senator Elizabeth Warren’s proposed new tax on lobbying. The proposal is meant to discourage major corporations from spending more than $500,000 to lobby the government. Mr. Kelner says, “I think any plan to tax lobbying is almost certainly unconstitutional. It’s extraordinarily likely to be struck down by the Supreme Court if ...

September 26, 2019, Wall Street Journal

Robert Kelner is quoted in The Wall Street Journal regarding the differences between U.S. Department of Justice’s newly unveiled online filing system for foreign agents and the Foreign Agent Registration Act (FARA). Mr. Kelner says, “This is not an issue just for lobbying firms and public relations firms because FARA sweeps very broadly and applies to ...

June 19, 2019, Covington Alert

The U.S. Court of Appeals for the D.C. Circuit yesterday issued a long-awaited opinion upholding, on the merits, a recent update to the SEC's pay-to-play rule. While the case involved only a narrow piece of the rule, the decision's logic is worded more broadly and could apply to the SEC rule as a whole, making future challenges to the rule much more difficult, ...

June 5, 2019, Global Policy Watch

On May 7, 2019, a federal District Court in the Southern District of Florida ruled that an American company, RM Broadcasting, must register as a foreign agent under the Foreign Agents Registration Act (“FARA”) for its agreement to broadcast radio programming from Rossiya Segodnya (meaning “Russia Today”), a Russian state-owned news agency.  Although the ...

April 18, 2019, Global Policy Watch

With Congress heavily engaged in launching and pursuing new congressional investigations, particularly since the Democratic takeover of the House of Representatives, many of our clients have questions regarding the rules that govern congressional investigations. While many aspects of congressional investigations are not subject to any rules at all, the House, ...

April 16, 2019, Covington Alert

Consistent with our predictions over the past several months, congressional investigations have flourished in the first few months of the 116th Congress, outpacing the oversight activity of any other Congress in recent memory.

April 9, 2019, Global Policy Watch

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 8, 2019, Covington Alert

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”).

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”).

March 11, 2019, Covington Alert

Covington issued several client alerts in recent years warning of a rising tide of enforcement of the once-obscure Foreign Agents Registration Act of 1938 (“FARA”). Signs of this trend emerged long before the recent, high-profile Special Counsel’s Office investigation.

Spring 2019, PLI Current: The Journal of PLI Press

Q1 2019, Covington Alert

It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...

Winter 2019, Covington Alert

It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...

February 11, 2019, Covington Advisory

The Federal Election Commission has announced contribution limits for 2019-2020. The new “per election” limits are effective for the 2019-2020 election cycle (November 7, 2018 – November 3, 2020), and the calendar year limits are effective January 1, 2019.

February 7, 2019, The Hill

The Hill interviewed Rob Kelner about his experience helping clients deal with congressional investigations. Mr. Kelner says, “In my 20 years here at Covington, I don’t think we have ever been as busy with congressional investigations matters as we are right now. That trend began before the Democrats took control of the House and it has certainly accelerated ...

February 6, 2019, Briefing Call

Following the recent surge in Foreign Agents Registration Act (FARA) enforcement by the U.S. Department of Justice, Robert Kelner and Brian Smith held a briefing call to discuss the updates on FARA, which included: an overview of FARA registration, reporting, and compliance requirements; discussion of key, recently released DOJ FARA advisory opinions ...

November 13, 2018, CNBC

Robert Kelner is quoted in CNBC regarding Democrats plans to scrutinize publicly-traded and consumer-facing companies more closely. Mr. Kelner said Democrats have sent roughly 100 letters during the past two years to companies in four main sectors: pharmaceuticals, tech, energy and financial services. He has told clients, “Prepare, prepare, prepare. Don't wait ...

November 9, 2018, Bloomberg

Robert Kelner is quoted by Bloomberg about how law firms are preparing clients for a potential increase in congressional investigations now that Democrats have assumed the majority in the House of Representatives. Mr. Kelner said, “A congressional investigation is like a nine-alarm fire, and really essentially brings the company to a stop until the crisis has ...

October 29, 2018

Covington Partners Rob Kelner and Brian Smith outline key factors about congressional investigations that companies should be aware of—before receiving an inquiry letter from Capitol Hill.

October 22, 2018, Politico

Rob Kelner is quoted in Politico regarding the potential impact of a Democratic takeover of the House of Representatives in 2019 on congressional investigations. Mr. Kelner said Covington has tracked public statements in which lawmakers criticized companies and every letter sent from members of Congress to corporations over the past two years. He said the firm ...

October 11, 2018, Covington Advisory

With less than one month to go before the 2018 elections, the ground is shifting for major political donors. Developments over the last several years, and especially in the last few months, show that the rules of the road are changing with respect to many of the common election law issues faced by high net worth individuals.

October 9, 2018, Covington Alert

As the midterm elections rapidly approach, contributions to nonprofits and other politically active organizations that support candidates and ballot initiatives will draw greater scrutiny from state and federal campaign finance regulators.

September 27, 2018, The National Law Journal

Robert Kelner is quoted in The National Law Journal regarding the Justice Department’s aggressive enforcement of the Foreign Agents Registration Act and the reaction from lawyers. Mr. Kelner says, “The problem with FARA is that it’s a woefully vague statute. It’s arguably unconstitutionally vague.”

September 18, 2018, Politico

Robert Kelner is quoted in a Politico story about the potential impact of foreign lobbying overhaul by Congress. Commenting on the potential for forcing companies with U.S. subsidiaries to disclose every lobby contact, Mr. Kelner said it “is going to do very little to shed light on foreign lobbying activity.” He adds, “It’s just going to create a lot of ...

Summer 2018, PLI Current: The Journal of PLI Press

August 8, 2018, Covington Alert

On Friday, the Chief Judge of the United States District Court for the District of Columbia issued a surprise decision that vacated a Federal Election Commission regulation that since 1980 has guided disclosure of the funding of independent expenditures.

August 6, 2018, Covington Alert

Companies doing business with state and local governments or operating in regulated industries are subject to a dizzying array of “pay-to-play” rules. These rules effectively prohibit company executives and employees (and in some cases, their family members) from making certain personal political contributions. Even inadvertent violations can be dangerous: A ...

July 31, 2018, Roll Call

Robert Kelner is quoted in Roll Call regarding legislation to overhaul the Foreign Agents Registration Act. Mr. Kelner says, “They [lawmakers] are all are focused on ‘toughening’ the statute, which is a political approach, but not an approach that will make it more effective. FARA has been in need of a major overhaul for decades. It’s an extremely vague statute, ...

July 10, 2018, The Washington Post

Robert Kelner is quoted by The Washington Post in an article regarding continuing investigations into former Environmental Protection Agency Administrator Scott Pruitt. According to Kelner, there is no "guiding principle" as to whether a congressional inquiry or one by an agency's inspector general continues once a public official resigns. When it comes to ...

June 25, 2018, Covington Advisory

A new corporate political disclosure trend is coming. For years, those advocating increased corporate political disclosure have looked for ways to force companies to publicly reveal the names and amounts of corporate contributions to so-called “dark money” 501(c)(4) social welfare nonprofits and 501(c)(6) trade associations.

June 12, 2018, The National Law Journal

Robert Kelner is quoted by The National Law Journal in an article regarding the release of FARA advisory opinions by the Justice Department. “In general, I would say this is not quite the Rosetta Stone for interpreting DOJ’s position on FARA that some might have hoped for,” says Kelner. “The opinions cover a lot of ground but they do it in some cases at a fairly ...

June 8, 2018, Politico

Robert Kelner is quoted in a Politico article regarding the Justice Department's release of FARA advisory opinions. Kelner describes the decision as "a long time coming.” “FARA practitioners have been asking for years to see DOJ's secret trove of FARA advisory opinions,” Kelner says. “This isn't by any means all of them, but it's a good start. DOJ is beginning ...

May 30, 2018, Law.com

Robert Kelner is quoted in Law.com's "Compliance Hot Spots" briefing. Commenting on the Justice Department's decision to release FARA advisory opinions, Kelner says, "I think this could make a big difference in how firms advise clients on FARA compliance because, up until now, we’ve all had to do a great deal of reading the tea leaves rather than having actual ...

May 25, 2018, The National Law Journal

Robert Kelner is quoted by The National Law Journal in an article regarding the Justice Department's plan to publish FARA advisory opinions. “I think this could make a big difference in how firms advise clients on FARA compliance because, up until now, we’ve all had to do a great deal of reading the tea leaves rather than having actual legal precedents to look ...

April 24, 2018, Buzzfeed

Robert Kelner is quoted in a Buzzfeed article regarding Senators' concerns about the White House’s vetting process for cabinet secretaries. According to Kelner, the Trump Administration still does an ethical vet, which includes disclosing financial holdings and is required by law, but has not focused that much on a political vetting. “This Administration ...

March 28, 2018, Covington Advisory

President Trump’s decision to impose tariffs on imported steel and aluminum has set off a “stampede” of lobbying, according to the New York Times.

March 15, 2018, Covington Alert

In recent months, Congress’s efforts to reform dramatically the Foreign Agents Registration Act (“FARA”) have picked up steam.

March 1, 2018, CQ News

Robert Kelner is quoted in a CQ News article regarding the current status of foreign lobbying bills. According to Kelner, the bills take a “blunt” approach to foreign lobbying that could inadvertently sweep in even U.S.-based companies as foreign agents.

February 28, 2018, Covington Report

In the highly politicized world of investigations involving Members of Congress and congressional staff, taking the right steps in the first hours and days can mean the difference between a swift resolution and a years-long crisis.

January 25, 2018, Covington Advisory

Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.

January 17, 2018, Roll Call

Robert Kelner is quoted in a Roll Call article regarding steps taken by House Republicans to overhaul the nation’s foreign lobbying disclosure regulations. “DOJ’s career staff have long wanted the authority to investigate FARA violations more aggressively, and the Democratic-aligned government reform community has generally agreed,” says Kelner. “So it was a bit ...

January 16, 2018, Financial Times

The Financial Times highlights a Covington alert in an article regarding the Foreign Agents Registration Act.

December 7, 2017, The American Lawyer

The American Lawyer has selected Covington partners Rob Kelner and Steve Anthony as "Litigators of the Week," in connection with Covington's representation of General Michael T. Flynn.

November 28, 2017, Covington Alert

There is one very important political law provision to watch as the tax bill moves to a final vote in the Senate, and potentially a conference committee reconciles the House and Senate versions. This amendment will remove the ban on partisan political activities by charitable entities, churches, educational institutions, and all other organizations exempt from ...

November 17, 2017, NPR

Robert Kelner is quoted in an NPR article regarding enforcement of the Foreign Agents Registration Act (FARA). According to Kelner, the cases that have been prosecuted "usually are prosecuted because they involve something other than a FARA violation occurring at the same time." He adds, "The statute itself is extremely vague: It contains a number of terms that ...

November 7, 2017, Covington Alert

With the Foreign Agents Registration Act (“FARA”) in the news and public awareness of this formerly obscure statute at an all-time high, Senator Charles Grassley (R-Iowa), the influential chairman of the Senate Judiciary Committee, introduced legislation last week to revise the statute significantly, including reversing a decision Congress made in 1995 to remove ...

September 27, 2017, Law360

September 21, 2017, Covington Alert

Perhaps no industry faces more scrutiny and regulation of its political activities than the financial 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. This primer describes three sometimes overlooked risk areas for investment firms: ...

September 13, 2017, Covington Alert

The universe of those covered by the SEC’s pay-to-play restrictions is expanding. If a newly proposed SEC rule is adopted as expected, pay-to-play restrictions will now extend to cover the recently created class of broker-dealers called Capital Acquisition Brokers (“CABs”).

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.

March 31, 2017, The National Law Journal

The National Law Journal featured Robert Kelner and highlighted his representation of General Michael Flynn, President Trump’s former National Security Advisor. According to Marc Elias, former general counsel for Hillary Clinton’s presidential campaign, Kelner is “a first rate criminal defense lawyer” and Flynn “wisely chose.” Kelner has significant experience ...

March 10, 2017, Congressional Quarterly

Robert Kelner is quoted in a Congressional Quarterly article regarding the impact of President Trump on government ethics law and the increased demand for experts. Commenting on the argument made by Citizens for Responsibility and Ethics (CREW) in its lawsuit against Trump alleging that the president’s business ties violate the Emoluments Clause in the ...

February 2, 2017, Covington Alert

The Federal Election Commission has announced contribution limits for the 2017-2018 election cycle. The new limits are effective January 1, 2017.

January 31, 2017, Covington Alert

President Donald Trump this weekend signed his promised “drain the swamp” Executive Order, which imposes ethics restrictions on incoming and outgoing Trump Administration appointees. Incoming appointees would, of course, do well to carefully review the provisions of the Executive Order. But companies that deal with the Administration—whether by lobbying the ...

January 23, 2017, Associated Press

Robert Kelner is quoted in an Associated Press article regarding a lawsuit alleging that President Trump is violating the emoluments clause in the Constitution by allowing his business to accept payments from foreign governments. According to Kelner, "CREW's argument for how it has standing to bring this lawsuit barely passes the laugh test." He adds, "The ...

January 10, 2017, Covington Alert

“Call the office asap!” Those may be the most feared words in the English language for Chiefs of Staff to Members of Congress. This primer covers what to do when that call reveals that a Member or staffer is under federal investigation.

January 3, 2017, Congressional Quarterly News

Robert Kelner is quoted in a Congressional Quarterly News article regarding the decision by House Republicans to reverse a vote to roll back the authority of the Office of Congressional Ethics. According to Kelner, "Changes are definitely needed at OCE, but I question the politics of how this was handled.” The office does not have subpoena power and so has ...

December 16, 2016, American Banker

Robert Kelner is quoted in an American Banker article regarding Steven Mnuchin’s nomination to serve as Treasury secretary under Donald Trump. According to Kelner, Mnuchin's financial industry background is normal for a Treasury secretary. "Fundamentally I don't think it's any different than the issues that every Treasury secretary faces."

December 13, 2016, The Wall Street Journal

Robert Kelner is quoted by The Wall Street Journal in an article regarding Donald Trump’s Twitter posts announcing that his sons and executives will run his business operations during his time in the White House. According to Kelner, the Office of Government Ethics is an executive agency that can interpret and apply conflict-of-interest laws to many ...

December 13, 2016, Covington Alert

As the President-elect begins to nominate individuals for Senate-confirmed positions in his administration, one of the major hurdles these individuals face is the statutory requirement that the Director of the Office of Government Ethics (“OGE”) review and certify a public disclosure of each source of income exceeding $200 and each property interest exceeding ...

November 30, 2016, The Wall Street Journal

Robert Kelner is quoted by The Wall Street Journal in an article regarding tweets sent out by the Office of Government Ethics (OGE) following President-elect Donald Trump’s announcement that he would exit his family business. According to Kelner, “It is highly irregular that OGE is weighing in publicly regarding the President-elect’s approach to conflicts.” He ...

November 28, 2016, Bloomberg

Robert Kelner is quoted in a Bloomberg article regarding the possibility that the renegotiation of the Industrial & Commercial Bank of China’s lease at Trump Tower could cause conflicts. According to Kelner, the emoluments clause is intended to deal with a gift or salary paid by a foreign leader or government to the president. “If we start to see foreign ...

November 23, 2016, Covington Alert

Corporations, trade associations, and others who interact with federal executive branch employees should be aware of the Office of Government Ethics’ (OGE) recent amendments to the executive branch gift rules, which go into effect on January 1, 2017. Seeking to encourage transparency and advance public confidence in the integrity of federal officials, OGE ...

November 22, 2016, Bloomberg

Robert Kelner is quoted in a Bloomberg article regarding President-elect Donald Trump’s business ties to Jose E.B. Antonio, chief executive and controlling stakeholder of Century Properties and special government envoy to the U.S. for Philippine President Rodrigo Duterte, and the potential for conflicts of interest stemming from this relationship. According to ...

November 22, 2016, Bloomberg

Robert Kelner is quoted in a Bloomberg article regarding President-elect Donald Trump’s potential business conflicts and laws that apply. According to Kelner, unless it can be shown that a foreign government is passing funds through a particular company to Trump, “I don’t think the emoluments clause would be implicated -- it’s extremely remote.” He adds, “I will ...

November 17, 2016, The Wall Street Journal

Robert Kelner is quoted by The Wall Street Journal in an article regarding the role of President-elect Donald Trump’s children, and the potential for conflicts of interest. According to Kelner, most federal officials must “recuse themselves from particular matters that would impact their own or a family member’s financial interests,” which would include Mr. ...

November 17, 2016, Covington Alert

With Election Day 2016 in the books, the political world turns to the transition of power and the January 20, 2017 Inauguration of President-elect Donald Trump and Vice President-elect Mike Pence. With the swearing in of the new President and Vice President will come the traditional balls, parties, and receptions. The inauguration and related events are costly, ...

November 16, 2016, The Hill

Robert Kelner is quoted by The Hill in an article about how lobbyists will fit into Donald Trump’s administration. According to Kelner, “I’m sure [the Trump administration] will not adopt Obama’s executive order on ethics, but because Trump made a big deal of announcing an ethics reform package during the campaign, they will probably adopt some version of it ...

November 16, 2016, Law360

November 15, 2016, Covington Alert

Over the next nine weeks, the Trump Presidential Transition team will formulate policy and staffing recommendations for the new administration. This alert gives a broad overview of the Transition and the laws that regulate interactions with Transition team members on issues related to appointments and policy recommendations. Persons interested in this topic may ...

November 14, 2016, ABA Journal

Robert Kelner is quoted in an ABA Journal article regarding Donald Trump’s plan to put his business interests in a blind trust run by his children.  According to Kelner, Trump might even be able to engage in self-dealing without violating statutes. “I can’t actually think of any existing legal restrictions on his engaging in self-dealing other than the rules ...

November 13, 2016, Bloomberg

Robert Kelner is quoted in a Bloomberg article regarding the role Donald Trump’s children will play now that he has been elected, and the potential for conflicts-of-interest. According to Kelner, there are few conflicts-of-interest laws that apply to presidential administration teams. “This is about appearances rather than actual legal compliance issues,” says ...

November 11, 2016, Financial Times

Robert Kelner is quoted in a Financial Times article regarding the open lawsuits against Donald Trump, and how these could affect his presidency. “An interesting question is how are all these different civil lawsuits going to play out in the background of his presidency and how distracting that will be and how are they going to administer that,” Kelner says.

November 10, 2016, Covington Alert

With the election over, the process of selecting and vetting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the decision to enter the process may be one of the most important and life-changing decisions they will make. Accordingly, it is critical for ...

November 9, 2016, Bloomberg

Robert Kelner is quoted in a Bloomberg article regarding Donald Trump’s potential conflicts of interest as president. According to Kelner, “I can’t actually think of any existing legal restrictions on his engaging in self-dealing other than the rules that are specified in the Constitution.”

October 18, 2016, The Center for Public Integrity

Robert Kelner is quoted in an article by the Center for Public Integrity regarding Donald Trump’s lobbying and campaign finance proposals. According to Kelner, “I am very skeptical that they would actually be implemented in a robust way, especially because his proposal is very weak on details.”

October 5, 2016, Law360

September 29, 2016, The Hill

Rob Kelner is quoted by The Hill in an article regarding the imposition of stricter ethics rules on federal employees seeking jobs in the private sector. According to Kelner, “The upshot is, executive branch employees should assume that they’re going to have to recuse themselves very early in the process of being considered by a particular company. That’s just ...

September 7, 2016, Roll Call

Robert Kelner is quoted in a Roll Call article regarding political donations and involvement of lobbyists in primary elections. According to Kelner, “There’s a general assumption that contributions against an incumbent who is re-elected will cause that incumbent to be very unhappy with the contributor.” It would likely violate House or Senate rules for a ...

August 30, 2016, Law360

August 30, 2016, Covington Alert

As election season enters full swing, with political candidates at all levels actively soliciting campaign donations from individuals and companies, it is an ideal time for all companies to review the policies and procedures in place for political donations. While the SEC’s pay-to-play rules governing registered investment advisers and their “covered associates” ...

August 26, 2016, Bloomberg

Rob Kelner is quoted in a Bloomberg article regarding a loophole in the laws governing political spending limits, allowing the Democratic party to collect millions of dollars more in donations from Hillary Clinton’s wealthiest donors. According to Kelner, “I’m not aware of any case law or regulations that would prohibit a state party from transferring to a ...

August 25, 2016, Covington Advisory

This month, the Foreign Agents Registration Act (FARA), an obscure, almost 80-year old, statute has rocketed to national headlines. FARA, a sweeping federal criminal statute, requires certain individuals and companies acting on behalf of foreign principals to register with the Department of Justice and file regular detailed reports of their activities. As we ...

August 23, 2016, WNYC

Rob Kelner appeared on "The Takeaway" discussing the legal and ethical issues that may arise from Donald Trump’s plan to have his children run his operations, if elected, which could be seen as a conflict of interest. “The whole concept of the blind trust really doesn’t work for Donald Trump even if he has his family take over his operations. He’s still, of ...

August 21, 2016, The Hill

Rob Kelner is quoted by The Hill in an article regarding Foreign Agents Registration Act (FARA) compliance and enforcement following reports that have surfaced about Paul Manafort and Rick Gates’ work in Ukraine. According to Kelner, “I would be very surprised if you can find a case that’s a plain old vanilla FARA violation. There is usually another plus factor, ...

August 19, 2016, Washington Internet Daily

Rob Kelner is quoted in a Washington Internet Daily article regarding the possible implications of the Backpage decision on Congress’ future subpoena power. According to Kelner, if the D.C. Circuit squashes the subpoena, “that would have a very dramatic effect, I think, because it's so extraordinarily rare for a congressional subpoena ever to be quashed under ...

August 15, 2016, Covington Advisory

Companies are increasingly hiring out of the federal workforce, only to find that their new hires are restricted by “revolving door” rules that prohibit their participation in certain matters—sometimes for a limited time, sometimes permanently. New rules issued recently by the U.S. Office of Government Ethics (“OGE”) serve as a reminder that, even before hiring ...

August 15, 2016, Law360

July 18, 2016, CNN

Rob Kelner is quoted in a CNN article regarding Trump’s increased campaign efforts to target voters and gain support. Commenting on Trump’s ability to use funds intended for building renovations at political parties’ headquarters, Kelner says, “I do think the RNC or DNC could use their building funds to fund state party facilities.” He continues, “There is very ...

June 9, 2016, Covington Alert

On Friday, three Federal Election Commission (FEC) Commissioners provided a clear description of their understanding of the facts and law that led them to oppose opening an investigation into whether Murray Energy coerced its employees into making political contributions. Statement of Reasons of Chairman Petersen and Commissioners Hunter and Goodman, FEC MUR ...

May 23, 2016, Covington Alert

As we move toward the 2016 general election, campaign activity at the federal, state, and local levels continues to heat up. Super PACs again promise to play a prominent role in federal races, while at the same time impacting a wider range of non-federal races further down the ballot.

May 21, 2016, CNN

Rob Kelner appeared on CNN’s “CNN Newsroom” to discuss Donald Trump’s financial disclosures that he has filed with the Federal Election Commission. According to Kelner, “The form doesn't call for a great deal of detail. It allows you to report, for example, ranges of income, rather than exact amounts, which is a little different than a tax return that you might ...

May 18, 2016, The Washington Post

Rob Kelner is quoted in a Washington Post article regarding the impact of changes to campaign fundraising rules in 2014 on donations to this year’s presidential campaigns. According to Kelner, “It is a partial return to the soft-money days, and in my own view, it doesn’t go far enough.” He continues, “The end of soft money dramatically disempowered the political ...

April 27, 2016, The Wall Street Journal

Robert Kelner is quoted by The Wall Street Journal in an article discussing delegates’ use of GoFundMe pages to offset the costs needed to attend national nominating conventions. According to Kelner, “In a normal election, campaigns have more important things to spend their money on than delegate expenses.” He continues, “This year, all the old rules are being ...

April 13, 2016, Covington Alert

Federal Election Commission (“FEC”) regulations permit a corporation to communicate with its “restricted” or “solicitable class” on any subject, including electoral advocacy and political fundraising. See 11 C.F.R. § 114.3(a). This includes solicitations of contributions to the corporation’s PAC. We frequently see questions arising about who falls within the ...

February 16, 2016, Associated Press

Robert Kelner is quoted in this AP article discussing the intrusive interrogation that all prospective Supreme Court Justices face during the vetting process. According to Kelner, "I always tell clients that they should think long and hard about whether they want to go through the process at all." He continues, "You give up any semblance of privacy. Your name ...

February 2, 2016, Marketplace

Robert Kelner speaks to Marketplace about what super PACS are able to do with leftover funds once candidates suspend their campaigns, in light of Martin O’Malley and Mike Huckabee’s exits from the 2016 presidential primaries. According to Kelner, “Super PACS have very wide discretion on what they can do with left over funds." He continues, “They can’t start ...

January 22, 2016, The Wall Street Journal

Robert Kelner is quoted by The Wall Street Journal in an article discussing Sanders’ use of his official position and related accounts to boost his presidential campaign efforts. According to Kelner, while the standards for using official accounts are “notoriously fuzzy,” Mr. Sanders’ operation is unusual. “Generally, members of Congress are quite careful to use ...

October 22, 2015, Politico

Robert Kelner is quoted in this Politico article regarding Hillary Clinton’s testimony before the House Select Committee on Benghazi. Kelner stresses the need to be truthful, “There’s a tremendous tension between her political incentives and the advice she must be getting from her lawyers to be extremely factual.”

October 8, 2015, Covington Alert

June 17, 2015, Life Sciences Essentials Webinar Series

June 12, 2015, NPR, All Things Considered

Rob Kelner is quoted regarding a political consultant that will be sentenced for the arcane felony of coordinating activities between a congressional campaign and a super PAC. 

March/April 2015, The Corporate Governance Advisor

March 12, 2015, The Washington Post

Covington's Rob Kelner is quoted on super PACs: “It used to be that donors were very concerned that the super PAC was independent of the candidate,” said Robert Kelner, a Washington election law attorney. But now, he said, “candidates appear to be essentially establishing their own super PACs. In the absence of enforcement or even serious media scrutiny, donors ...

Winter 2015, Covington Advisory

February 5, 2015, Law360

January 30, 2015, The Harvard Law School Forum on Corporate Governance and Financial Regulation

January 15, 2015, The Hill

Covington's Rob Kelner is quoted in this article regarding new rules that state that witnesses who testify before House panels will have to disclose whether they have been paid by foreign governments: "The new language requires witnesses to disclose money stemming from a foreign government only if the grant or payment is “related to the subject matter of the ...

January 13, 2015, The Hill

Covington's Rob Kelner is quoted in this article on the House of Representatives approving changes to ethics rules: "Robert Kelner, the chair of Covington & Burling’s election and political law practice group, said the rules could give defense attorneys new arguments when clients face allegations of misconduct."  “There are a wide range of due process ...

January 8, 2015, The Philadelphia Inquirer

Covington partner Rob Kelner is quoted regarding gift disclosure under ethic laws: "For the five years he has held office, Gov. Christie has not declared any gifts on his annual financial disclosure forms."  "The governor's office says Christie has complied with an executive order he issued in 2010 requiring disclosure of gifts of a certain value, but it won't ...

November 3, 2014, The Washington Post

Covington partner Rob Kelner is quoted in this article regarding campaign finance: "“If you are a believer in Citizens United, as I am, you actually should advocate clear rules on coordination,” said Robert Kelner, an election law attorney at Covington & Burling who advises corporations, super PACs and wealthy donors on both sides of the aisle. “If there’s no ...

September 23, 2014, The New York Times

Covington partner Rob Kelner is quoted regarding conservative author and documentary filmmaker Dinesh D’Souza being spared prison time on Tuesday after pleading guilty earlier this year to violating federal campaign finance laws: "When Mr. D’Souza entered his guilty plea, Judge Berman said he could face up to two years in prison. The federal sentencing ...

September 8, 2014, Law360

September 2, 2014, The Washington Post

Covington partner Rob Kelner spoke to The Washington Post on political mega-donors since the McCutcheon v. Federal Election Commission ruling. "Even though the additional millions flowing to candidates and parties “is real money, in the grand scheme of our campaign finance system, it’s background noise,” said Robert Kelner, a Washington campaign finance ...

August 18, 2014

WASHINGTON, DC, August 18, 2014 — Best Lawyers named Covington & Burling’s Stuart Eizenstat and Gregg Levy each a 2015 “Lawyer of the Year” in international trade and sports law, respectively, citing their “abilities, professionalism and integrity.” Overall, Covington lawyers received 217 individual mentions in 58 areas of law in the newly released annual survey ...

August 13, 2014, Covington E-Alert

August 13, 2014, Politico

Covington partner Rob Kelner is quoted regarding campaign spending limits and a Securities and Exchange Commission rule that limits contributions from Wall Street financiers to governors and other state officials running for federal office: "Campaign finance lawyers said they had always expected someone to challenge the SEC’s rule in court, but it was difficult ...

July 31, 2014, Law360

July 25, 2014, The Hill

Rob Kelner is mentioned regarding his blog post on the Congressional Ethics Office referring alleged unregistered lobbyist to the DOJ.

July 2, 2014, Politico

Covington partner Rob Kelner is quoted regarding a federal appeals court ruling that free-spending political groups can lose the right to make unlimited expenditures in certain situations. “We’ve all understood that a super PAC needs to operate in an environment where it is not coordinating with candidates,” said Robert Kelner, chair of Covington and Burling’s ...

June 23, 2014, The Wall Street Journal

Robert Kelner is quoted regarding the Securities and Exchange Commission charging TL Ventures for violating three-year-old “pay-to-play” rules related to political contributions. "Robert Kelner of law firm Covington & Burling said more firms could attract the scrutiny of the SEC. “Given the complexity of the rule, and the number of small- to mid-sized firms, ...

June 20, 2014, Harvard Law Review

April 2, 2014, Covington E-Alert

April 2, 2014, The New York Times

Covington partner Rob Kelner is quoted regarding the Supreme Court ruling on McCutcheon v. Federal Election Commission. The article states, “The Supreme Court ruling will dramatically increase the importance of major donors in federal elections,' said Robert K. Kelner, a Republican election lawyer."

February 18, 2014, Covington E-Alert

February 6, 2014, Covington E-Alert

January 7, 2014, Covington Advisory

January 2014, Covington Advisory

November 21, 2013

WASHINGTON, DC, November 21, 2013 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the hundreds of “Best Lawyers” identified in the issue, Washingtonian spotlights 14 leading Washington ...

October 2013, The Banking Law Journal

June 2013, Wall Street Lawyer

May 16, 2013, Covington E-Alert

April 4, 2013, Covington Advisory

February 11, 2013, Covington E-Alert

February 2013, Covington Advisory

January 31, 2013, Covington E-Alert

January 8, 2013, Law360

January 3, 2013, Covington E-Alert

November 13, 2012, Law360

November 2012, Covington Advisory

October 18, 2012, The Weekly Standard

July 31, 2012

May 2, 2012, Practicing Law Institute

May 2, 2012

WASHINGTON, DC, May 2, 2012 — D.C. Super Lawyers selected 64 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza and Robert Long have been named among the “Top 100” for ...

May 1, 2012, Covington E-Alert

April 10, 2012, Practicing Law Institute

April 3, 2012, Covington E-Alert

March 28, 2012, Covington E-Alert

March 3, 2012, Practicing Law Institute

February 14, 2012, Covington E-Alert

February 13, 2012, Covington E-Alert

February 6, 2012, Covington E-Alert

January 25, 2012, Covington Advisory

January 18, 2012, Practicing Law Institute

November 30, 2011

WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...

October 19, 2011, Covington E-Alert

September 22, 2011, Covington E-Alert

July 11, 2011, Covington E-Alert

July 2011, Covington E-Alert

June 10, 2011

WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

June 7, 2011, BNA Insights

May 25, 2011, Government Contracts Law360

May 18, 2011, Covington E-Alert

May 13, 2011, Covington E-Alert

March 14, 2011, Covington Advisory

March 8, 2011, Covington E-Alert

March 2011, Investment Advisers Association

February 9, 2011, Covington E-Alert

February 7, 2011, Covington E-Alert

January 24, 2011, Covington E-Alert

January 2011, Covington E-Alert

December 16, 2010, Covington E-Alert

November 22, 2010, Covington E-Alert

November 5, 2010, Covington E-Alert

July 1, 2010, Covington Report

June 16, 2010

WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

May 10, 2010, Covington E-Alert

March 25, 2010, Covington E-Alert

March 10, 2010, Covington Report

February 25, 2010, Covington E-Alert

February 17, 2010, Covington E-Alert

February 1, 2010, Covington E-Alert

January 21, 2010, Covington E-Alert

January 11, 2010, Covington E-Alert

December 9, 2009, Covington Report

November/December 2009, The European Lawyer

11/23/2009

WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...

November 6, 2009, Covington E-Alert

September 28, 2009, Covington E-Alert

September 23, 2009, Covington Report

September 15, 2009, Covington E-Alert

September 9, 2009, Covington E-Alert

August 11, 2009, Covington Report

August 5, 2009, Covington E-Alert

August 3, 2009, Covington E-Alert

July 28, 2009, Covington E-Alert

July 6, 2009, Covington E-Alert

July 2, 2009, Covington E-Alert

June 11, 2009, Covington Report

May 11, 2009, Covington Report

March 24, 2009, Covington E-Alert

March 12, 2009, Covington E-Alert

February 17, 2009, Covington E-Alert

February 4, 2009, Covington E-Alert

January 26, 2009, Covington E-Alert

January 16, 2009, Covington E-Alert

January 5, 2009

November 5, 2008, Covington E-Alert

September 24, 2008, Covington E-Alert

August 22, 2008

July 17, 2008, Covington E-Alert

July 1, 2008, Covington E-Alert

June 25, 2008, Covington E-Alert

4/14/2008

WASHINGTON, DC, April 14, 2008 — Covington & Burling LLP is pleased to announce that Robert Lenhard, who previously served as Chairman of the Federal Election Commission, has joined the firm’s Election & Political Law Practice Group as of counsel. Mr. Lenhard will be resident in Covington’s Washington office. Mr. Lenhard served as a presidentially appointed FEC ...

2008, chapter in Political Activity, Lobbying Laws and Gift Rules Guide (3d ed.)

December 12, 2007, Covington E-Alert

11/30/2007

WASHINGTON, DC, November 30, 2007 — Nineteen Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December 2007 issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff based on peer recommendations, identifies leading lawyers in the Greater Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as the ...

September/October 2007, Executive Counsel

August 13, 2007, Legal Times

August 6, 2007, Covington E-Alert

June 7, 2007, Covington E-Alert

January 8, 2007, Covington E-Alert

November 16, 2006, Covington E-Alert

April 17, 2006, Covington E-Alert

August 23, 2005, Covington E-Alert

5/31/2005, Covington E-Alert

February 28, 2005, Roll Call

April 2004, Election Law Journal

February 18, 2002, Legal Times