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Robert Lenhard is a member of the firm’s Election & Political Law practice group and advises corporations, trade associations, not-for-profit organizations, and high-net-worth individuals on compliance with federal and state campaign finance, lobbying, and government ethics laws.
Mr. Lenhard routinely assists clients in establishing and operating federal and state PACs, compliance programs associated with campaign finance and pay-to-play laws; advises advocacy groups and their donors; conducts compliance trainings and audits of federal and state lobbying and political programs; and counsels clients on compliance with congressional gift and travel rules.
Prior to joining the firm in 2008, Mr. Lenhard served as Chairman of the Federal Election Commission (FEC) in 2007 and Vice Chairman of the agency in 2006, during which time the agency handled over 10 major rulemakings, had among its most productive years in enforcement and audit, and adopted several reforms to the enforcement process. Mr. Lenhard has also led the Presidential Transition Team that reviewed the FEC for the incoming Obama administration in 2008-2009.
Before his service to the FEC, Mr. Lenhard provided legal advice to labor organizations active in the political process at the federal, state, and local levels. He represented clients in planning and implementing political strategies as well as appearing in matters before the Federal Election Commission and state regulatory agencies. Mr. Lenhard also was involved in litigation in the Florida trial and appellate courts over the counting of absentee ballots in Seminole County, Florida in 2000.
- Provides ongoing political law compliance advice to Fortune 500 companies and trade associations.
- Represented Super-PACs, including Priorities USA Action, active in Presidential and Senate elections.
- Advised non-profit organizations and high-net-worth individuals in compliance related to political communications programs.
- Represented internet start-up in a successful FEC advisory opinion request regarding an online political giving program.
- Represented individuals and organizations in enforcement investigations related to foreign national contributions in US elections and excessive contributions by campaign donors.
Previous Experience
- Federal Election Commission, Commissioner
- American Federation of State, County and Municipal Employees, Associate General Counsel
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
FEC Eyes Moves to Curb Foreign Influence
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.
Covington Publishes Comprehensive Advisory Comparing Trump and Obama Executive Orders on Ethics
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.
Presentations and Press Reports
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 ...
Trump's kitchen Cabinet
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.
FEC to Reconsider Political Involvement by U.S. Subsidiaries of Foreign Corporations on Tuesday
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
FEC Year in Review
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 ...
Covington Promotes Nine Lawyers to Partnership
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 ...
Q&A With Covington & Burling's Ben Lenhart
March 1, 2013, Law360
Mr. Lenhart participated in a Q&A regarding current coverage issues affecting policyholders.
February 11, 2013, Covington E-Alert
FEC Year in Review
January 31, 2013, Covington E-Alert
May 1, 2012, Covington E-Alert
April 3, 2012, Covington E-Alert
DISCLOSE 2012 Act
February 14, 2012, Covington E-Alert
February 13, 2012, Covington E-Alert
February 6, 2012, Covington E-Alert
A Primer on Super PACs
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 ...
Political Law Update
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
Political Law Update
July 1, 2010, Covington Report
May 10, 2010, Covington E-Alert
Political Law Update
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
Testimonies
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).
Political Law Update
December 9, 2009, Covington Report
November 6, 2009, Covington E-Alert
September 28, 2009, Covington E-Alert
Political Law Update
September 23, 2009, Covington Report
September 15, 2009, Covington E-Alert
September 9, 2009, Covington E-Alert
Political Law Update
August 11, 2009, Covington Report
August 3, 2009, Covington E-Alert
July 2, 2009, Covington E-Alert
Political Law Update
June 11, 2009, Covington Report
Political Law Update
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
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
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.
- Chambers USA, Political Law
- Named by Washingtonian Magazine as one of the “Top Lawyers in Washington for Election & Political Law.”
Practices
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Regulatory and Public Policy
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Public Policy and Government Affairs
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Election and Political Law
- Corporate Political Disclosure
- FEC Advice and Enforcement
- 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 and Government Affairs
Education
University of California at Los Angeles School of Law, J.D., 1984
Johns Hopkins University, B.A., 1981
- with honors
Government Service
- Federal Election Commission
Bar Admissions
- District of Columbia