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Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group. He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.
Mr. Kelner’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.
He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.
Mr. Kelner's political law clients include numerous multinational corporations, many of which are household names. He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee. He also advises Presidential political appointees on the complex vetting and confirmation process.
As a partner in the firm’s White Collar Defense & Investigations practice group, Mr. Kelner regularly defends clients in congressional investigations before virtually every major congressional investigation committee. He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees. He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers. In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.
Mr. Kelner has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.
Mr. Kelner is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm. He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.
- Recently served as lead litigation counsel for Qualcomm in a high-profile lawsuit brought by the New York State Common Retirement Fund to attempt to compel production of internal books and records concerning political contributions. New York State Common Retirement Fund v. Qualcomm Incorporated (Del. Ch., 2013) (No. 8170-CS).
- Defended one of the world’s best known information technology companies in a House Oversight and Government Reform Committee investigation of cybersecurity breaches.
- Defended a major global consumer health care products company in an investigation of product recalls by the House Oversight and Government Reform Committee.
- Defended several of the world’s largest banks and financial institutions in investigations by the Congressional Financial Crisis Inquiry Commission (FCIC).
- Defended a major multinational corporation in a Senate Permanent Subcommittee on Investigations inquiry concerning tax compliance issues.
- Defended several major pharmaceutical companies in investigations of marketing and business practices by the House Energy and Commerce Committee’s O&I Subcommittee.
- Obtained a favorable advisory opinion from the FEC for Proctor & Gamble.
- Defended the former Chief of Staff to Senator John Ensign in parallel investigations by the Senate Ethics Committee and U.S. Department of Justice.
- Defended a senior Senate aide in parallel Senate Ethics Committee and Department of Justice investigations concerning the firing of a U.S. Attorney.
- Defended a senior House staffer in a sensitive House Ethics Committee investigation.
- Defended a Member of the U.S. House of Representatives in investigations by the Office of Congressional Ethics and House Ethics Committee.
- Defended the RNC in investigations by the House Judiciary Committee and House Oversight and Government Reform Committee concerning use of RNC email accounts by White House officials.
- Defended a senior executive branch official in a major agency Inspector General investigation and parallel congressional investigation.
- Defended two prominent lobbying firms in separate criminal investigations by the Department of Justice.
- Defended Freddie Mac in the largest-ever investigation of a corporation by the Federal Election Commission.
- Defended a nationally known television personality in an investigation by the Federal Election Commission.
- Conducted a major internal investigation for the National Republican Congressional Committee concerning one of the largest ever embezzlements by a political committee Treasurer.
Pro Bono
- Represents Lincoln Center for the Performing Arts as regulatory compliance counsel, and serves on Lincoln Center’s “Counsel’s Council.”
- Represented a former NASA press office spokesman in a congressional investigation concerning alleged attempts by NASA to silence climate change scientists.
- Represented a former White House official before the September 11 Commission, and in a subsequent congressional investigation, concerning EPA statements about public health concerns in Manhattan after the September 11 attacks.
Memberships and Affiliations
- Adjunct Professor of Law, Georgetown University Law Center (teaching legal ethics)
- D.C. Bar Administrative Law Section's Legislative Practice Committee, Chairman
- Federalist Society, Member
Previous Experience
- The World Bank, Political Communications Consultant (1994-1995)
- The Sawyer-Miller Group, a crisis communications and international political consulting firm, advising corporate and political clients, Vice President (1993-1994)
- HUD Secretary Jack Kemp, Speechwriter (1990-1992)
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 18, 2018, Global Policy Watch
In a significant and unexpected development, the U.S. Treasury Department announced yesterday that certain nonprofits — including trade associations and 501(c)(4) social welfare organizations — would no longer be required to disclose the names and addresses of their donors on the annual “Form 990” they file with the Internal Revenue Service. Although the IRS ...
July 18, 2018, Inside Political Law
In a significant and unexpected development, the U.S. Treasury Department announced yesterday that certain nonprofits — including trade associations and 501(c)(4) social welfare organizations — would no longer be required to disclose the names and addresses of their donors on the annual “Form 990” they file with the Internal Revenue Service. Although the IRS ...
Investigations of Pruitt are likely to continue
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 ...
New Tactic Emerges in Fight to Compel Companies to Disclose So-Called “Dark Money” Contributions
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 ...
Justice Department releases FARA advisory opinions
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 31, 2018, Inside Political Law
In a 2014 blog post about the Dinesh D’Souza case, we speculated that it might have been one of the first “straw donor” cases identified based on automated analysis of campaign finance disclosure reports. It’s not clear that was actually the case, though the Department of Justice did say at the time that “the indictment...… Continue Reading The post “Straw ...
Compliance Hot Spots: White-Collar Prosecutions Wither | DOJ's Foreign Lobbying Guidance | Plus: Who Got the Work
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 ...
May 23, 2018, Inside Political Law
The Department of Justice has begun informing persons who obtained Foreign Agents Registration Act (“FARA”) advisory opinions that it will “soon” publish on its website copies of advisory opinions issued since January 1, 2010. The opinions apparently will be redacted to remove the identities of the requesters and their clients. For years, the Department ...
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, Global Policy Watch
Washington is awash with lobbyists seeking to address new steel and aluminum tariffs, and other potential tariffs, on behalf of both foreign and domestic clients. Lobbying on trade issues in some circumstances may trigger Foreign Agents Registration Act (“FARA”) obligations. The connection between trade lobbying and FARA was the subject of close scrutiny ...
March 28, 2018, Inside Political Law
Washington is awash with lobbyists seeking to address new steel and aluminum tariffs, and other potential tariffs, on behalf of both foreign and domestic clients. Lobbying on trade issues in some circumstances may trigger Foreign Agents Registration Act (“FARA”) obligations. The connection between trade lobbying and FARA was the subject of close scrutiny ...
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, Inside Political Law
Covington today issued the third edition of its Chiefs of Staff manual on handling investigations of Members of Congress and Congressional staff. The manual was originally published in 2014, but has been updated twice since then. The new third edition includes some of the latest available statistics and examples. This manual is intended to advise...… Continue ...
Handling Investigations of Members of Congress and Congressional Staff
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.
House Judiciary Advances Foreign Lobby Overhaul
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 ...
Beware the FARA side
January 16, 2018, Financial Times
The Financial Times highlights a Covington alert in an article regarding the Foreign Agents Registration Act.
January 12, 2018, Global Policy Watch
Eighty years ago, 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...… Continue ...
January 11, 2018, Inside Political Law
Eighty years ago, 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...… Continue ...
January 11, 2018, Covington Alert
Eighty years ago, 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 ...
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 29, 2017, Global Policy Watch
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 ...
November 28, 2017, Inside Political Law
UPDATE: The provision in the House bill, discussed below, was not included in the final Conference Agreement that became law. 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...… Continue ...
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 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...… ...
Grassley Defends Congressional Oversight; House Democrats Turn to Statutory Oversight Authority
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 ...
Grassley Defends Congressional Oversight; House Democrats Turn to Statutory Oversight Authority
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, 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
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 ...
Ethics Watchdogs Make a Career of It
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 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 ...
Lawsuit: Trump businesses violate Constitution
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.
House GOP Rolls Back Ethics Change Amid Sharp Rebukes
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 ...
Why Dems May Have Hard Time Stopping Mnuchin Nomination
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, 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 ...
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 ...
Ethics Office’s Tweets at Donald Trump Cause a Stir
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 ...
Donald Trump's Children Won't Have White House Roles
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, ...
Lobbyists uncertain of their place in Trump's Washington
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 ...
Trump plans to place his businesses in a blind trust run by his children; will it resolve conflicts?
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 ...
Lawsuits cloud Trump's transition to presidency
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.”
Donald Trump's ethics reform plan: dim prospects ahead
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.”
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 ...
K Street Money Fuels House Challengers to Victory
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, 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 ...
At long last, Trump ramps up ground game
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.
Here's why you'll never know how much Trump is worth
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 ...
Delegates Turn to GoFundMe to Pay Way to Conventions
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 ...
Before Supreme Court nod, an intrusive interrogation
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 ...
When a candidate exits, what happens to the cash?
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 ...
Advice to Hillary Clinton: 5 pitfalls to avoid
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
Life Sciences Congressional Investigations: Trends, Traps and Tips
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 ...
January 30, 2015, The Harvard Law School Forum on Corporate Governance and Financial Regulation
New rules target House witnesses
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 ...
House quietly changes ethics rules
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 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
GOP looks to shake loose more Wall Street cash
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 ...
Bombshell: Ethics office alleges illegal lobbying
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.
Court: Super PAC not independent enough
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 ...
The Daily Startup: SEC ‘Pay to Play’ Penalty for TL Ventures Could Be First of Many in VC
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, ...
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."
January 7, 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
The Senate Permanent Subcommittee on Investigations Reportedly Plans Campaign Finance Investigation
April 4, 2013, Covington Advisory
February 11, 2013, Covington E-Alert
January 3, 2013, Covington E-Alert
The Capital Behind Capitol Hill: Developments in Campaign Finance in the 2012 Election Cycle
July 31, 2012
STOCK Act: Navigating the New Insider Trading Law for Dealing with Federal Public Officials
May 2, 2012, Practicing Law Institute
Covington Lawyers Recognized by D.C. Super Lawyers
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
Foreign Agents Registration Act: Increased Enforcement of a Little-Known Statute
April 10, 2012, Practicing Law Institute
April 3, 2012, Covington E-Alert
Super PACs and the 2012 Election: A Primer for Corporations
March 3, 2012, Practicing Law Institute
February 13, 2012, Covington E-Alert
February 6, 2012, Covington E-Alert
Defending Corporations in Congressional Investigations 2012
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 ...
September 22, 2011, Covington E-Alert
July 11, 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
March 14, 2011, Covington Advisory
March 8, 2011, Covington E-Alert
February 7, 2011, Covington E-Alert
January 24, 2011, Covington E-Alert
January 2011, Covington E-Alert
November 5, 2010, Covington E-Alert
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 ...
February 25, 2010, Covington E-Alert
February 1, 2010, Covington E-Alert
January 21, 2010, Covington E-Alert
January 11, 2010, Covington E-Alert
Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’
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 15, 2009, Covington E-Alert
September 9, 2009, Covington E-Alert
August 5, 2009, Covington E-Alert
July 28, 2009, Covington E-Alert
July 6, 2009, Covington E-Alert
March 24, 2009, Covington E-Alert
January 26, 2009, Covington E-Alert
January 16, 2009, Covington E-Alert
Comments Submitted to Federal Election Commission Concerning the Commission's Enforcement Policies and Procedures
January 5, 2009
November 5, 2008, Covington E-Alert
September 24, 2008, Covington E-Alert
Revised Guidance for LD-203 Reporting Issued by the Clerk of the House and Secretary of the Senate
July 17, 2008, Covington E-Alert
Clerk of the House and Secretary of the Senate Finally Go Live with HLOGA Semi-Annual Certification
July 1, 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 ...
June 7, 2007, Covington E-Alert
November 16, 2006, Covington E-Alert
August 23, 2005, Covington E-Alert
- Ranked as a top national political lawyer (Band 1) by Chambers USA.
- Named by Washingtonian magazine as one of the "Top Lawyers" in Washington for election and political law.
- Legal 500 US, Litigation - Supreme Court and Appellate (2012)
- Best Lawyers in America, Government Relations Practice (2015-2018)
- Washington DC Super Lawyers, Legislative & Governmental Affairs & Criminal Defense: White Collar (2012-2018)
Practices
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Regulatory and Public Policy
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Public Policy
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Election and Political Law
- Corporate Political Disclosure
- FEC Advice and Enforcement
- Foreign Agents Registration Act
- Government Affairs Compliance Reviews
- Lobbying and Campaign Finance Internal Investigations
- Lobbying Disclosure Act Compliance
- Pay-to-Play Law Advice
- Political Tax and Tax Exempt Organizations
- State and Local Enforcement
- Super PACs
- Vetting and Confirmation of Political Appointees
- Corporate and Trade Association Political Activity
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Public Policy
- Litigation and Investigations