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.

June 27, 2017, Global Policy Watch

The new chairman of the House Committee on Oversight and Government Reform, Representative Trey Gowdy (R-S.C.), outlined his plans for the Committee last week.  As we expected, Mr. Gowdy said that he would pursue more methodical investigations.  Noting that hearings are “an inefficient way to gather facts,” Mr. Gowdy said that the Committee would pursue...… ...

June 27, 2017, Inside Political Law

The new chairman of the House Committee on Oversight and Government Reform, Representative Trey Gowdy (R-S.C.), outlined his plans for the Committee last week.  As we expected, Mr. Gowdy said that he would pursue more methodical investigations.  Noting that hearings are “an inefficient way to gather facts,” Mr. Gowdy said that the Committee would pursue...… ...

June 19, 2017, Global Policy Watch

The Trump administration’s efforts to curtail congressional oversight of executive branch agencies by individual Members of Congress, including ranking Democratic Members of Committees, ran into significant opposition from an unlikely source:  Senator Chuck Grassley (R-Iowa), the Republican Chairman of the Senate Judiciary Committee.  Sen. Grassley’s strong ...

June 19, 2017, Inside Political Law

The Trump administration’s efforts to curtail congressional oversight of executive branch agencies by individual Members of Congress, including ranking Democratic Members of Committees, ran into significant opposition from an unlikely source:  Senator Chuck Grassley (R-Iowa), the Republican Chairman of the Senate Judiciary Committee.  Sen. Grassley’s strong ...

May 19, 2017, Global Policy Watch

With the announcement by Rep. Jason Chaffetz (R-Utah) that he plans to resign from Congress on June 30, it appears increasingly likely that Rep. Trey Gowdy (R-S.C.) will become the next Chairman of the House Committee on Oversight and Government Reform, the House’s powerful watchdog committee that has very broad investigative jurisdiction.  Although a final...… ...

May 19, 2017, Inside Political Law

With the announcement by Rep. Jason Chaffetz (R-Utah) that he plans to resign from Congress on June 30, it appears increasingly likely that Rep. Trey Gowdy (R-S.C.) will become the next Chairman of the House Committee on Oversight and Government Reform, the House’s powerful watchdog committee that has very broad investigative jurisdiction.  Although a final...… ...

May 18, 2017, Global Policy Watch

The long saga of the legal challenge by Carl Ferrer, CEO of Backpage.com, to a subpoena issued by the Senate’s Permanent Subcommittee on Investigations (“PSI”) appears to have reached a conclusion.  A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit this week dismissed the case as moot and additionally vacated a series of...… Continue Reading

May 18, 2017, Inside Political Law

The long saga of the legal challenge by Carl Ferrer, CEO of Backpage.com, to a subpoena issued by the Senate’s Permanent Subcommittee on Investigations (“PSI”) appears to have reached a conclusion.  A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit this week dismissed the case as moot and additionally vacated a...… Continue Reading The post ...

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, Inside Political Law

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 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 executive branch, by seeing a former executive take a Presidentially appointed position, or by hiring a former Administration appointee—must also be mindful of these, in some cases, extremely restrictive provisions, lest they unwittingly get caught up in an ethics scandal.

January 30, 2017, Global Policy Watch

President Trump signed an executive order on ethics this weekend that is similar in key respects to the Obama Administration’s executive order governing ethical conduct by presidential appointees. But in one key respect it is significantly broader in scope than the previous Obama executive order. The Trump executive order incorporates the concept of “lobbying ...

January 30, 2017, Inside Political Law

President Trump signed an executive order on ethics this weekend that is similar in key respects to the Obama Administration’s executive order governing ethical conduct by presidential appointees. But in one key respect it is significantly broader in scope than the previous Obama executive order. The Trump executive order incorporates the concept of “lobbying ...

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, Inside Political Law

Covington today released an updated version of its manual for Chiefs of Staff to Members of Congress concerning best practices for responding to government investigations of Members and their staff.  Titled “A How-To Guide for Chiefs of Staff,” the manual describes how government investigations unfold and the steps that Chiefs of Staff need to take...… Continue ...

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 14, 2016, Global Policy Watch

 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 ...

December 13, 2016, Inside Political Law

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 ...

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 $1,000 in value. While for many classes of assets, identifying and disclosing the relevant assets is relatively straightforward, it is often much more difficult to file a compliant report for pooled investment fund assets, such as hedge funds, since the details of the underlying assets are often undisclosed to the investor by the fund manager or subject to a confidentiality agreement between the investor and the fund manager. This client alert summarizes the most recent OGE guidance applicable to pooled investment fund holdings.

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, Inside Political Law

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 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 redefined some of the gifts executive branch employees can receive from outside sources and suggested when permissible gifts should be declined because they may create an appearance of impropriety. The new amendments include some of the most detailed changes to the executive branch gift rules in many years. This alert outlines the most significant changes.

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, Inside Political Law

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...… Continue ...

November 17, 2016, Global Policy Watch

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 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, and paid for largely with private funds. Individuals, businesses, and other organizations donating to the inauguration, hosting related events, or giving out tickets to either should remember that they are operating in a highly regulated space. We profile three common compliance issues below. Persons interested in this alert may also wish to review our alerts on the Presidential Transition and the political appointee vetting process.

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 16, 2016, Law360

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 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 also wish to view our client alert on the presidential appointee vetting process.

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 anyone considering an appointed position to understand the presidential appointment vetting process from the start.

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 7, 2016, Global Policy Watch

Congressional investigations are rare, but for corporations, they are not quite “black swan” events that are impossible to predict.  For companies in high profile, controversial, or highly regulated industries, they are more like “gray swan” events.  They happen often enough that you can and should plan for them.  We’ve published an article that helps you...… ...

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 20, 2016, Global Policy Watch

In an important decision, U.S. District Judge Christopher Cooper today ordered the Federal Election Commission to reconsider its dismissal of a complaint filed by CREW against two tax-exempt advocacy organizations that have never registered with the FEC. CREW alleged that the two groups, American Action Network and Americans for Job Security, had as their ...

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” are well known, the rules governing swap dealers are more obscure. Specifically, swap dealers and security-based swap dealers are subject to the “pay-to-play” rules of the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) respectively, which impose restrictions on the making of campaign contributions to officials of certain government entities with which a swap dealer does business.

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 face a potential “tipping point” in FARA interest and enforcement, this advisory provides a basic compliance primer for those working for or contracting with foreign companies, governments, political parties, and individuals.

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 16, 2016, Global Policy Watch

Last week, the U.S. District Court for the District of Columbia ruled in favor of the Senate Permanent Subcommittee on Investigations in a rare case that has the potential to contribute significantly to the case law concerning congressional investigations. It is uncommon for a federal court to have an opportunity to rule on a congressional...… Continue Reading

August 15, 2016, Law360

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 a federal employee, a company may find itself entangled in federal ethics rules that regulate the job negotiation process. These rule changes are particularly timely as we come to the end of the Obama Administration and political appointees find themselves looking for the next step.

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 6661. While clarity in the law is always to be commended, the standard they use to define when a contribution is coerced is narrow and will certainly allow conduct that many employers now reject as excessive. As with two earlier decisions in which three Commissioners voted not to pursue enforcement actions against employers who compelled employees to attend a candidate’s rally or to waive signs or make calls supporting a candidate, it is clear that the FEC will not be an effective barrier to employers pressuring employees to engage in many kinds of political activity. As Lindsay Burke and I noted in a recent article in Corporate Counsel Magazine, there remain state employment law issues to consider, but the signal from this recent FEC case is unmistakable.

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 restricted class in one of two contexts: (a) in an effort to ensure the class is not too narrowly defined, depriving the PAC of potential donors; and (b) when a company reads the definition of “professional or administrative personnel” in the statute to only be a question of whether the employee is “salaried” or not, not considering the second prong of the test described below.

Congress has defined a corporation’s restricted class as consisting of the following:

• The corporation’s “executive or administrative personnel.”
• The corporation’s “stockholders,” as defined by FEC regulations.
• Individuals who are members of the restricted class of any subsidiary, branch, division, or “affiliate” of the company (the FEC has a multi-part test for determining which entities count as affiliates”).
• Immediate family members of the above individuals.

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