Robert Lenhard

January 2021

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

January 15, 2021, Inside Political Law

With a full complement of six commissioners for the first time since early 2017, the FEC met in open session yesterday.  Led by FEC Chair Shana M. Broussard and Vice Chair Allen Dickerson, the first meeting addressed a number of non-controversial matters that lent themselves to consensus.  That said, there were several interesting features to...… Continue ...

December 21, 2020, Global Policy Watch

With the swearing in of Shana M. Broussard, Sean J. Cooksey, and Allen Dickerson, the Federal Election Commission now has a full roster of six Commissioners for the first time since 2017.  While the FEC briefly enjoyed a quorum with four Commissioners in May, since then it has lacked a sufficient number of Commissioners to promulgate...… Continue Reading

December 21, 2020, Inside Political Law

With the swearing in of Shana M. Broussard, Sean J. Cooksey, and Allen Dickerson, the Federal Election Commission now has a full roster of six Commissioners for the first time since 2017.  While the FEC briefly enjoyed a quorum with four Commissioners in May, since then it has lacked a sufficient number of Commissioners to...… Continue Reading The post What to ...

October 27, 2020, Law360

September 24, 2020, Covington Alert

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

August 24, 2020, Inside Political Law

Over the past 10 days, the FEC has been quietly exercising authority reserved for when at least four Commissioners vote in favor of an action.  Since July 3, however, the FEC has only had three Commissioners.  This activity raises consequential questions about the FEC’s ability to act without a quorum, and presents important concerns about...… Continue ...

June 18, 2020, Global Policy Watch

Tomorrow, the FEC will hold its first open meeting since last August, now that Commissioner James Trainor III has been sworn in.  The agenda will consist of four reasonably routine matters, consisting of three advisory opinion requests and a request for comments on whether the Commission should begin a rulemaking. As of this morning, all...… Continue Reading

June 17, 2020, Inside Political Law

Tomorrow, the FEC will hold its first open meeting since last August, now that Commissioner James Trainor III has been sworn in.  The agenda will consist of four reasonably routine matters, consisting of three advisory opinion requests and a request for comments on whether the Commission should begin a rulemaking. As of this morning, all...… Continue Reading The ...

May 20, 2020, Inside Political Law

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

May 12, 2020, Covington Alert

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

April 30, 2020, Covington Alert

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

April 29, 2020, Covington Alert

As states grapple with the effects of the COVID-19 crisis, many have opted to make changes to campaign finance and lobbying reporting due dates and filing procedures. Covington has assembled a chart of changes to state campaign finance and lobbying filing schedules that states have announced as of last week.

March 24, 2020, Inside Political Law

The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with ...

March 24, 2020, Covington Alert

The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with ...

July 1, 2019, The National Law Journal

June 19, 2019, Covington Alert

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

April 9, 2019, Global Policy Watch

The recent passage of the Justice Against Corruption on K Street Act of 2018 (“JACK Act” or the “Act”) imposes new requirements on those registering and filing reports under the Lobbying Disclosure Act (“LDA”). The Act amends the LDA to require that LDA registrants disclose listed lobbyists’ convictions for criminal offenses involving bribery, extortion, ...

April 8, 2019, Inside Political Law

The recent passage of the Justice Against Corruption on K Street Act of 2018 (“JACK Act” or the “Act”) imposes new requirements on those registering and filing reports under the Lobbying Disclosure Act (“LDA”). The Act amends the LDA to require that LDA registrants disclose listed lobbyists’ convictions for criminal offenses involving bribery, extortion, ...

April 8, 2019, Covington Alert

The recent passage of the Justice Against Corruption on K Street Act of 2018 (“JACK Act” or the “Act”) imposes new requirements on those registering and filing reports under the Lobbying Disclosure Act (“LDA”).

February 11, 2019, Covington Advisory

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

October 11, 2018, Covington Advisory

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

October 9, 2018, Covington Alert

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

September 18, 2018, Inside Political Law

In a startling turn of events that will alter election spending decisions in the run-up to the general election, and after, the Supreme Court reversed a temporary stay issued by Justice Roberts on Friday, and left in place a district court decision that dramatically increased the disclosure obligations for entities spending on public communications that...… ...

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 12, 2018, Global Policy Watch

After a surprisingly active 2017, the Federal Election Commission’s enforcement efforts have slowed noticeably in the early months of 2018. In February, former Commission Lee Goodman’s departure from the agency left the Commission with only four members. While the remaining Commissioners can still form a quorum, unanimity is required for all official agency ...

July 11, 2018, Inside Political Law

After a surprisingly active 2017, the Federal Election Commission’s enforcement efforts have slowed noticeably in the early months of 2018. In February, former Commission Lee Goodman’s departure from the agency left the Commission with only four members. While the remaining Commissioners can still form a quorum, unanimity is required for all official agency ...

July 11, 2018, Covington Alert

After a surprisingly active 2017, the Federal Election Commission’s enforcement efforts have slowed noticeably in the early months of 2018. In February, former Commission Lee Goodman’s departure from the agency left the Commission with only four members. While the remaining Commissioners can still form a quorum, unanimity is required for all official agency ...

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 7, 2018, Global Policy Watch

FEC audit reports often address obscure topics, but today one touched on an important issue for banks.  At an open meeting, a majority of FEC Commissioners would not support a staff recommendation that a bank violated the campaign finance laws when it made a loan based on collateral that was commercially reasonable under the banking...… Continue Reading

June 7, 2018, Inside Political Law

FEC audit reports often address obscure topics, but today one touched on an important issue for banks.  At an open meeting, a majority of FEC Commissioners would not support a staff recommendation that a bank violated the campaign finance laws when it made a loan based on collateral that was commercially reasonable under the banking...… Continue Reading The post ...

March 15, 2018, Covington Alert

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

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 31, 2018, NPR Michigan

January 12, 2018, Covington Alert

Buried in the 2018 National Defense Authorization Act (NDAA) is an obscure, and quite significant, change to the post-employment restriction on U.S. Department of Defense (DoD) civilian and uniformed personnel. This new provision could have a substantial impact on defense contractors and others who recruit DoD personnel to work on policy and procurement matters ...

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, 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 7, 2017, Covington Alert

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

September 27, 2017, Law360

September 21, 2017, Covington Alert

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

September 13, 2017, Covington Alert

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

August 7, 2017, Covington Alert

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

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 ...

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 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 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 ...

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 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, 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 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 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, ...

November 16, 2016, Law360

November 15, 2016, Covington Alert

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

November 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 ...

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 ...

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.

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 ...

March 18, 2016, Corporate Counsel

October 26, 2015, Campaigns & Elections

October 8, 2015, Covington Alert

October 8, 2015, Covington Alert

March/April 2015, The Corporate Governance Advisor

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 ...

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.