September 27, 2017, Law360

September 21, 2017, Covington Alert

Perhaps no industry faces more scrutiny and regulation of its political activities than the financial industry. Even though these rules are often not intuitive, failure to comply with them can result in big penalties, loss of business, and debilitating reputational consequences. This primer describes three sometimes overlooked risk areas for investment firms: ...

September 13, 2017, Covington Alert

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

August 7, 2017, Covington Alert

Corporate legal and compliance departments are usually well aware of the laws regulating lobbying the federal government. Recent news reports, however, indicate that companies have more trouble with state and local lobbying laws.

June 22, 2017, Global Policy Watch

Noting that we are at an “all hands on deck” moment for our democracy, FEC Commissioner Ellen Weintraub circulated to the Commission yesterday a document citing former Vice President Dick Cheney for the proposition that the United States is now at war with Russia, and that “[e]very part of our government that has jurisdiction over...… Continue Reading

June 22, 2017, Bloomberg BNA

Robert Lenhard's blog post on Covington's Inside Political Law blog is referenced in a Bloomberg BNA article regarding the FEC's focus on foreign influence in U.S. elections. According to Lenhard, the FEC appeared to be “headed to yet another deadlock” on the foreign influence issue because of “a fundamental disagreement among the commissioners about how serious ...

June 21, 2017, Inside Political Law

Noting that we are at an “all hands on deck” moment for our democracy, FEC Commissioner Ellen Weintraub circulated to the Commission yesterday a document citing former Vice President Dick Cheney for the proposition that the United States is now at war with Russia, and that “[e]very part of our government that has jurisdiction over...… Continue Reading The post ...

June 20, 2017, Inside Political Law

On Thursday, the FEC will return to the question of foreign nationals’ involvement in United States elections. This is an important question that deserves appropriate attention from our government.  Be it the role of Chinese government-linked funds in the 1996 presidential campaign or the Russian government-linked cyber intrusion in the 2016 presidential race, ...

February 21, 2017, Global Policy Watch

Commissioner Ann Ravel’s decision to resign from the Federal Election Commission will have short term and long term effects on an agency empowered to interpret and enforce the federal campaign finance laws and disclose the money raised and spent in federal elections.  Its short term effects should be minimal.  The statute requires four votes for...… Continue ...

February 20, 2017, Inside Political Law

Commissioner Ann Ravel’s decision to resign from the Federal Election Commission will have short term and long term effects on an agency empowered to interpret and enforce the federal campaign finance laws and disclose the money raised and spent in federal elections.  Its short term effects should be minimal.  The statute requires four votes for...… Continue ...

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 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.

2006-present

• Mr. Lenhard speaks frequently on campaign finance, lobbying disclosure and ethics law, including presentations sponsored by the American League of Lobbyists, the Public Affairs Council, the Practicing Law Institute, National Association of Business Political Action Committees, and the Bureau of National Affairs (BNA).
• He has appeared in press reports on issues related to campaign finance law, including CNN, The Washington Post, New York Times, NPR, Roll Call and The Hill.
• Mr. Lenhard has also spoken before international audiences, including presentations at the Global Electoral Organization Conference in 2007, the Korean Economic Institute, the American University’s program for Persian Gulf state officials, and before numerous International visitor forums at the FEC. He served as an election observer during the Ecuadorian elections in 2006.

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, 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.

December 1, 2016, Los Angeles Times

Robert Lenhard is quoted in a Los Angeles Times article regarding President-elect Donald Trump’s Cabinet. According to Lenhard, "Presidential appointees may not have personal financial interests that will be directly and particularly affected in a substantial way by their decisions as government officials.”

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 23, 2016, Los Angeles Times

Robert Lenhard is quoted in a Los Angeles Times article regarding President-elect Donald Trump’s potential business conflicts as president. According to Lenhard, “To my eye, the primary concern is ensuring that as he makes political decisions as president, that they’re understood to be broad policy decisions and not decisions driven by the desire to benefit ...

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 16, 2016, Inside Political Law

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 16, 2016, Law360

November 15, 2016, Covington Alert

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

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.

October 21, 2016, The Washington Post

Lindsay Burke and Robert Lenhard are quoted in a Washington Post article regarding laws governing political communications in the workplace. According to Burke employees of private companies are often surprised they don’t have the First Amendment rights they do outside the workplace. She adds that although companies can’t prohibit workers from talking about ...

October 13, 2016, Politico

Robert Lenhard is quoted in a Politico article regarding speculation about Donald Trump’s CEO-heavy Cabinet, if he is elected. Lenhard, commenting on the financial scrutiny CEOs would have to face, says business executive nominees have several options to avoid conflicts of interest, including selling their assets or placing them in blind trusts. He adds that ...

September 14, 2016, Law360

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 15, 2016, Inside Political Law

Foreign nationals, both individuals and corporations, have long been barred from making contributions in federal, state or local elections in the United States. The statutory prohibition includes contributions made “directly” or “indirectly,” bars the solicitation as well as the making of contributions, and since 2002, includes a ban on expenditures, independent ...

June 29, 2016, Global Policy Watch

The Ferrari carrying former Virginia Governor Bob McDonnell appears to have made a U-turn this week on its way to the federal penitentiary.  Covington released today a Client Alert on the Supreme Court’s decision in McDonnell v. United States, a decision which vacated Governor McDonnell’s conviction and redraws the lines for corruption prosecutions.   The Court ...

June 29, 2016, Inside Political Law

The Ferrari carrying former Virginia Governor Bob McDonnell appears to have made a U-turn this week on its way to the federal penitentiary.  Covington released today a Client Alert on the Supreme Court’s decision in McDonnell v. United States, a decision which vacated Governor McDonnell’s conviction and redraws the lines for corruption prosecutions.   The Court ...

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.

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.

March 18, 2016, Corporate Counsel

October 26, 2015, Campaigns & Elections

October 8, 2015, Covington Alert

October 8, 2015, Covington Alert

September 8, 2015, Global Policy Watch

As Super PACs and campaigns continue to edge closer to the legal line between “independence” and “coordination,” it has become common to hear calls for the FEC to take a stricter role in enforcing the law. Yet as recently reported by BNA, the FEC has not found a single violation of its coordination rules in...… Continue Reading

March/April 2015, The Corporate Governance Advisor

March 10, 2015, Global Policy Watch

Few subjects in federal campaign finance law are so frequently garbled by commentators, the press and the public as what a Super PAC is and how it operates.  Here is a short list of common mistakes. 1.  Super PACS are “shadowy” “dark money” groups that mask where their money comes from and how its spent. ...… Continue Reading

August 13, 2014, Covington E-Alert

June 23, 2014, The Washington Post

Bob Lenhard is quoted regarding the campaign finance investigation of Wisconsin Gov. Scott Walker. "Political parties, for instance, are restricted from joining forces with independent groups. Yet this year, the Democratic Senatorial Campaign Committee has tweeted out links to gauzy biographical footage of its candidates, along with suggested scripts attacking ...

April 2, 2014, Covington E-Alert

April 2, 2014, NPR

Covington partner Robert Lenhard is interviewed regarding the use of B-roll footage in campaign advertisements.

February 18, 2014, Covington E-Alert

February 6, 2014, Covington E-Alert

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 1, 2013

WASHINGTON, DC, October 1, 2013 — Covington & Burling is pleased to announce that it has elected nine lawyers to its partnership effective today. “We’re delighted to welcome these nine lawyers to our partnership,” said Timothy Hester, chair of Covington’s management committee. “They are all excellent lawyers who will bring great value and service to our clients ...

March 1, 2013, Law360

Mr. Lenhart participated in a Q&A regarding current coverage issues affecting policyholders.

February 11, 2013, Covington E-Alert

January 31, 2013, Covington E-Alert

May 1, 2012, Covington E-Alert

April 3, 2012, Covington E-Alert

February 14, 2012, Covington E-Alert

February 13, 2012, Covington E-Alert

February 6, 2012, Covington E-Alert

January 25, 2012, Covington Advisory

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 ...

November 17, 2011

SAN FRANCISCO, November 17, 2011 — Covington & Burling helped secure approval from the Federal Election Commission today for an innovative shopping program that could change the way individuals make campaign contributions by making it easier for small donors to participate in the political process. Headquartered in Palo Alto, Calif., GivingSphere allows ...

October 19, 2011, Covington E-Alert

September 22, 2011, Covington E-Alert

July 11, 2011, Covington E-Alert

May 18, 2011, Covington E-Alert

May 13, 2011, Covington E-Alert

March 14, 2011, Covington Advisory

March 8, 2011, Covington E-Alert

February 9, 2011, Covington E-Alert

February 7, 2011, Covington E-Alert

November 22, 2010, Covington E-Alert

July 1, 2010, Covington Report

May 10, 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

2010

Mr. Lenhard testified before the Rules Committee of the United States House of Representatives on the effect of Citizens United v. FEC (February 3, 2010) and before the Senate Indian Affairs Committee, the Honorable John McCain, Chairman on the legal status of political contributions by Indian tribes (February 8, 2006).

December 9, 2009, Covington Report

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 3, 2009, Covington E-Alert

July 2, 2009, Covington E-Alert

June 11, 2009, Covington Report

May 11, 2009, Covington Report

March 12, 2009, Covington E-Alert

February 17, 2009, Covington E-Alert

February 4, 2009, Covington E-Alert

January 16, 2009, Covington E-Alert

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, American Bar Association, Section of State and Local Government Law, Benjamin E. Griffith, Editor

Mr. Lenhard wrote the introduction for this edition.