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Brian Smith advises clients on challenging public policy matters that combine legal and political risks and opportunities.
Mr. Smith represents companies and individuals facing high-profile and high-risk investigations, congressional investigations, and criminal and civil investigations with political or public relations implications. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony, and he conducts internal investigations to assess legal risks. He has prepared numerous CEOs and other senior executives to appear before Congress in oversight hearings.
Mr. Smith develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.
Prior to joining Covington, Mr. Smith served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.
Mr. Smith is a Professorial Lecturer in Law at the George Washington University Law School.
Congressional Investigations
- Representing multiple companies in recent drug prices and medical devices congressional investigations, including extensive drug pricing investigations conducted by the Senate Special Committee on Aging and the House Committee on Oversight and Government Reform, and other investigations by the Senate Permanent Subcommittee on Investigations and the Senate Committee on Health, Education, Labor, and Pensions. Prepared multiple senior executives for testimony at oversight hearings, defended numerous interviews and depositions, managed the companies’ responses to staff and Committee reports, and advised on related legal and reputational risks.
- Representing numerous individuals and companies involved in several recent high-profile congressional investigations, including investigations related to the Affordable Care Act, healthcare.gov, politically active nonprofit organizations, spending by the General Services Administration, and federal grant programs supported by the American Recovery and Reinvestment Act (the Stimulus).
- Representing a world-leading consumer products manufacturer in a major investigation by the House Committee on Oversight and Government Reform regarding high-profile recalls of over-the-counter medicines. The investigation included multiple hearings and testimony by two senior corporate executives, including the CEO.
- Representing a major financial services company in congressional investigations conducted by the House Committee on Financial Services and the House Committee on the Judiciary concerning residential foreclosures. A significant complicating factor was widespread private and state attorneys general litigation on the same subject matter.
Aviation
- Representing an individual investigated for operating a drone in Washington, D.C.
- Representing a manufacturer of commercial and business aircraft on U.S. government relations, trade policy, and government procurement strategies.
- Representing a large international airline in a major NTSB investigation of an accident involving a wide-body aircraft resulting in multiple fatalities. Managed engagement with the NTSB, prepared company executives for public hearings, engaged directly with Board members, and managed the response to media interest in the accident and investigation.
Sovereign Governments
- Representing a major U.S. ally in a legislative effort to create a professional visas category for its citizens. Developed the legislation and executed the government relations strategy that secured the inclusion of the provision in the Senate’s comprehensive immigration reform legislation.
- Representing a major non-NATO ally and a member of the European Union to provide advice, counsel, and support for the governments’ relations with the U.S. Congress, the executive branch, and the media. Activities included handling legislative proposals related to the countries, federal appropriations for U.S. aid programs in the countries, relations with the executive branch on bilateral issues, and matters of international law.
- Representing the Commonwealth of Australia in seeking an amendment to the U.S. Immigration and Nationality Act, including the enactment of an unprecedented visa category reserved exclusively for professionals from Australia.
International Trade
- Representing an international manufacturer in an assessment of U.S. policy toward Cuba and the trade policy implications of a shift in U.S. policy.
- Representing major U.S. companies in efforts to prompt U.S. government engagement, on a bilateral basis, with foreign governments and international organizations on behalf of clients’ interests. Successfully supported high-level engagement by Ambassadors, senior government officials, and Members of Congress.
- Representing companies pursuing formal Commerce Department advocacy in support of the companies’ business opportunities abroad. Successfully achieved Commerce Department advocacy in multiple cases.
- Representing companies seeking the U.S. government’s assistance in ensuring fair regulatory treatment by foreign governments. Activities include matters before the European Union and its Member States, India, South Africa, Brazil, and multilateral development institutions.
Foreign Agents Registration Act
- Representing consulting firms, think tanks, and other organizations in assessing compliance with the Foreign Agents Registration Act, including several high-profile inquiries that involved significant media attention and Department of Justice scrutiny.
Pro Bono
- Representing a family encouraging Congress to enact an annual national moment of silence in honor of veterans.
- For a national organization dedicated to youth justice, prepared legislation implementing major revisions to the federal program targeted at juvenile justice and delinquency prevention.
- Provided advice on legislation related to the treatment of detainees (in connection with the firm’s Guantanamo Bay detainee representation).
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Advised a homeless advocacy organization on amendments to the McKinney-Vento Homeless Assistance Act.
Previous Experience
- The White House, Office of the Counsel to the President (1997-1998)
- U.S. Department of Labor, Special Assistant to the Secretary of Labor (1996)
- U.S. Department of Labor, Special Assistant to the Assistant Secretary for Congressional and Intergovernmental Affairs (1995)
- Rep. Alan Wheat (D-Mo.), Assistant Campaign Manager (1994)
June 11, 2018, Columbia Journalism Review
Brian Smith is quoted in a Columbia Journalism Review article regarding the Foreign Agents Registration Act. According to Smith, “The statute is so broadly worded, you can capture a lot of activities."
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.
January 26, 2018
WASHINGTON—Covington won a significant trade case today before the U.S. International Trade Commission (ITC) on behalf of its client Bombardier. In a 4-0 ruling, the ITC rejected Boeing Co.’s complaint that it was threatened with material injury by imports of Bombardier’s new C Series aircraft. The decision means that the U.S. Department of Commerce can no ...
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 ...
November 9, 2017, Inside Political Law
In late October, the House of Representatives quietly approved a bill that would dramatically strengthen Congress’s procedures for enforcing congressional subpoenas. In adopting the bill, the bipartisan leadership of the House Judiciary Committee highlighted the challenges that Congress faces in obtaining materials from executive branch agencies. Significant ...
November 9, 2017, Global Policy Watch
In late October, the House of Representatives quietly approved a bill that would dramatically strengthen Congress’s procedures for enforcing congressional subpoenas. In adopting the bill, the bipartisan leadership of the House Judiciary Committee highlighted the challenges that Congress faces in obtaining materials from executive branch agencies. Significant ...
How Grassley’s reforms would change FARA
November 8, 2017, Politico
Politico highlights a recent Covington alert examining the reforms to the Foreign Agents Registration Act proposed by Senator Chuck Grassley. As stated in the alert, the bill “would have a sweeping effect for a number of private sector companies.”
November 7, 2017, Global Policy Watch
With the Foreign Agents Registration Act in the news and public awareness of this formerly obscure statute at an all-time high, Senator Charles Grassley (R-Iowa) introduced legislation last week to revise the statute significantly, including reversing a decision Congress made in 1995 to remove most private sector reporting from FARA and place it instead under ...
November 7, 2017, Inside Political Law
With the Foreign Agents Registration Act in the news and public awareness of this formerly obscure statute at an all-time high, Senator Charles Grassley (R-Iowa) introduced legislation last week to revise the statute significantly, including reversing a decision Congress made in 1995 to remove most private sector reporting from FARA and place it instead ...
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 ...
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 22, 2017, Global Policy Watch
On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit invalidated a Federal Aviation Administration regulation that required the owners of recreational drones—unmanned aircraft system (“UAS”)—to register with the agency. The court held that the regulation violated the same law that the FAA had used, in part, to justify the requirement. The...… ...
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
May 18, 2017, Inside Political Law
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...… Continue Reading The post D.C. ...
A 6-year bid for a moment of silence for veterans
October 8, 2016, Boston Globe
Brian Smith is quoted in a Boston Globe article regarding the passage of the Veterans Day Moment of Silence Act. Smith, who represented the Bendetson family pro bono, comments, “I thought our firm could contribute to getting it across the finish line.” He adds, “We were going to help them until they gave up, and they never did. Their dedication to this is ...
September 27, 2016
WASHINGTON—Covington represented the Bendetson family pro bono in their successful effort to persuade Congress to enact a national moment of silence on Veterans Day each year in honor of all U.S. veterans. The House of Representatives today unanimously passed the Veterans Day Moment of Silence Act (S. 1004), capping a three-year effort by Covington on behalf ...
September 20, 2016, Global Policy Watch
Litigation by the Senate Permanent Subcommittee on Investigations to enforce a subpoena for documents from Carl Ferrer, the CEO of Backpage, an online forum accused of contributing to sex trafficking, has taken another interesting twist, with the D.C. District Court ruling that Backpage cannot assert the attorney-client privilege to protect certain documents. ...
September 20, 2016, Inside Political Law
Litigation by the Senate Permanent Subcommittee on Investigations to enforce a subpoena for documents from Carl Ferrer, the CEO of Backpage, an online forum accused of contributing to sex trafficking, has taken another interesting twist, with the D.C. District Court ruling that Backpage cannot assert the attorney-client privilege to protect certain documents. ...
September 13, 2016, Inside Political Law
The Supreme Court today refused to block a subpoena by the Senate Permanent Subcommittee on Investigations of the online forum Backpage and its CEO Carl Ferrer. As we previously reported, Ferrer lost at the District Court in his effort to block the Senate subpoena, arguing primarily that the subpoena abridged his First Amendment rights. Ferrer...… Continue ...
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 ...
Life Sciences Congressional Investigations: Trends, Traps and Tips
June 17, 2015, Life Sciences Essentials Webinar Series
March 19, 2015, Slate
Covington's Brian Smith is quoted regarding commercial drone use: The broad definition of “commercial” in the context of drone flying likely has a lot to do with the confusion as well. “The FAA has traditionally adopted a very broad view of activities that constitute commercial operations,” says lawyer Brian D. Smith of Covington & Burling LLP. “In short, ...
December 18, 2014, Covington E-Alert
NTSB Ruling Strengthens FAA's Authority Over Drones
November 19, 2014, Law360
Covington's Brian Smith has authored this piece on the Federal Aviation Administration's regulations on drones. "Individuals who operate drones are subject to Federal Aviation Administrationregulations that prohibit careless and reckless operation of an aircraft, the National Transportation Safety Board ruled on Nov. 18, 2014, in the closely watched case Huerta ...
Midterms Are in the Rearview, So the Stage is Set for the Battle Over Immigration Reform
November 14, 2014, LXBN TV
Midterms Are in the Rearview So the Stage is Set for the Battle Over Immigration Reform
November 14, 2014, LXBN TV
Covington's Brian Smith spoke to The LexBlog Network on what the midterm election results mean for immigration reform.
Agenda for the President and the 114th Congress
November 6, 2014, Public Policy & Government Affairs Briefing
August 13, 2014, Covington E-Alert
Fireworks Videos Highlight FAA’s Evolving Drone Policy
July 9, 2014, Law360
Covington's Brian Smith writes on drones and the FAA for Law360. "Dramatic videos of drones flying in Fourth of July fireworks displays have attracted the attention of the Federal Aviation Administration and highlighted the regulatory vacuum on drones. They have also renewed attention on the agency’s recent efforts to update its regulations and bring them in ...
Massachusetts brothers lobby for pause to honor veterans
May 26, 2014, The Boston Globe
Covington and Brian Smith are mentioned regarding the firm's pro bono assistance to Boston family, the Bendetsons, in an effort to enact an annual national moment of silence in honor of veterans, "Two Massachusetts lawmakers no longer in Congress — former representative Barney Frank and former senator Scott Brown — signed on as sponsors. Since then, the ...
The Senate Permanent Subcommittee on Investigations Reportedly Plans Campaign Finance Investigation
April 4, 2013, Covington Advisory
Defending Corporations and Executives in Congressional Investigations
March 19, 2013, Practicing Law Institute
Foreign Agents Registration Act: Increased Enforcement of a Little-Known Statute
April 10, 2012, Practising Law Institute
Defending Corporations in Congressional Investigations
January 18, 2012, Practicing Law Institute
Defending Technology Companies and Executives in Congressional Investigations
January 10, 2012, Silicon Valley Innovation & Law Conference
Covington Names Brian D. Smith Of Counsel
October 6, 2011
WASHINGTON, DC, October 3, 2011 — Covington & Burling LLP is pleased to announce the promotion of Brian Smith to of counsel effective October 1, 2011. Mr. Smith provides strategic and legal advice on matters that involve interactions with the U.S. government. His practice focuses on the development and execution of government relations initiatives that build ...
September 2, 2011, Covington E-Alert
January 24, 2011, Covington E-Alert
Congressional Investigations: Bank of America and Recent Developments in Attorney-Client Privilege
December 6, 2010, Bloomberg Law Reports
November 5, 2010, Covington E-Alert
September 16, 2009, Covington E-Alert
Government Affairs Practice Group Post Election Analysis
November 7, 2008, Covington Report
April 17, 2000, Legal Times
- Legal 500 US, Government Relations (2017)