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Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.
Mr. Smith represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional 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 a major U.S. sports organization in multiple House and Senate investigations and hearings related to athlete safety.
- Representing a former senior White House official in congressional investigations.
- Representing the largest company involved in the drug pricing investigations of the House and Senate, including preparing successive CEOs for oversight hearings. Defended numerous interviews and depositions.
- Representing a sharing economy technology company in a Senate investigation of a data breach.
- Representing a market-leading medical device manufacturer in a Senate investigation of the safety of its products.
- Representing a drug manufacturer in a Senate investigation of its marketing practices.
- Representing a major consulting firm in an investigation of services provided to the Department of Defense.
- Representing an energy company executive in a Senate investigation of hurricane recovery efforts.
- Representing a major insurance company in a House investigation of products offered to federal employees.
- Representing a major technology company in the high-profile investigation related to the healthcare.gov website.
- Representing a politically active nonprofit organization in a Senate investigation of its activities.
- Representing a major media conglomerate in a congressional investigation of a planned spinoff.
- Representing a leading consumer products manufacturer in a House investigation of recalls of over-the-counter medicines, including multiple hearings.
- Representing a major financial services company in congressional investigations related to residential foreclosures.
- Representing a major financial services company in investigations and hearings conducted by the Financial Crisis Inquiry Commission.
Foreign Agents Registration Act
- Representing a former senior White House official in a Department of Justice inquiry regarding the Foreign Agents Registration Act.
- Representing a consulting firm in a high-profile Department of Justice investigation of FARA compliance, including an internal investigation and retroactive registration.
- Representing a think tank in an internal review of FARA compliance.
- Representing numerous companies involved in potential legislative reforms to FARA.
Aviation
- Representing a major sports league on drone policy issues before the FAA and Congress.
- Representing a leading airline on aviation policy issues in Washington.
- Representing an individual investigated for operating a drone in restricted airspace.
- Representing a manufacturer of commercial and business aircraft on U.S. government relations, trade policy, and government procurement strategies.
- Representing a technology company negotiating spectrum coordination with the FAA.
- Representing a large international airline in a major NTSB investigation of an accident involving multiple fatalities.
International Trade
- Representing a major aircraft manufacturer in a successful defeat of proposed import duties on its products.
- Representing a trade association in the successful defeat of proposed import duties on a key market input.
- Representing executives of a major U.S. company seeking U.S. government support in resolving a significant legal matter in a foreign jurisdiction.
- 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.
- Representing companies pursuing 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.
Sovereign Governments
- Representing a major U.S. ally in a legislative effort to create a professional visas category for its citizens. Secured the inclusion of the provision in 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.
- 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.
Pro Bono
- Representing a family in the successful enactment of 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.
- 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)
March 25, 2020, Inside Political Law
Although a final version of the Coronavirus Aid, Relief, and Economic Security (CARES) Act is not yet available, based on what we know so far, it appears that the legislation will include the provisions described below establishing oversight functions for the use of stimulus and bailout funds. According to a number of sources, the bill...… Continue Reading The ...
February 21, 2020, Global Policy Watch
Consistent with popular predictions and our prior posts, Congress made drug pricing a key item on its investigative agenda in the first year of the 116th Congress. Several factors contributed to the uptick in congressional drug pricing oversight activity, including the elevation of new Democratic chairs in the House with longstanding interests in drug pricing ...
February 20, 2020, Inside Political Law
Consistent with popular predictions and our prior posts, Congress made drug pricing a key item on its investigative agenda in the first year of the 116th Congress. Several factors contributed to the uptick in congressional drug pricing oversight activity, including the elevation of new Democratic chairs in the House with longstanding interests in drug ...
October 29, 2019, Global Policy Watch
Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations. Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...
October 29, 2019, Covington Alert
Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations. Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...
October 28, 2019, Inside Political Law
Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations. Notably, the new system only applies to new registrants, although the Department indicated that it will transition existing registrants to ...
July 27, 2019, Covington Alert
In 1938, 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 law—and a ...
June 5, 2019, Global Policy Watch
On May 7, 2019, a federal District Court in the Southern District of Florida ruled that an American company, RM Broadcasting, must register as a foreign agent under the Foreign Agents Registration Act (“FARA”) for its agreement to broadcast radio programming from Rossiya Segodnya (meaning “Russia Today”), a Russian state-owned news agency. Although the ...
June 5, 2019, Inside Political Law
On May 7, 2019, a federal District Court in the Southern District of Florida ruled that an American company, RM Broadcasting, must register as a foreign agent under the Foreign Agents Registration Act (“FARA”) for its agreement to broadcast radio programming from Rossiya Segodnya (meaning “Russia Today”), a Russian state-owned news agency. Although the ...
May 28, 2019, Inside Political Law
The House Appropriations Committee has quietly directed the Department of Justice to issue new guidance on the commercial exemption to the Foreign Agents Registration Act (“FARA”) with respect to state-owned companies. The directive came in a Committee report accompanying legislation that provides funding for the Department for fiscal year 2020. The report was ...
April 18, 2019, Inside Political Law
With Congress heavily engaged in launching and pursuing new congressional investigations, particularly since the Democratic takeover of the House of Representatives, many of our clients have questions regarding the rules that govern congressional investigations. While many aspects of congressional investigations are not subject to any rules at all, the House, ...
April 18, 2019, Global Policy Watch
With Congress heavily engaged in launching and pursuing new congressional investigations, particularly since the Democratic takeover of the House of Representatives, many of our clients have questions regarding the rules that govern congressional investigations. While many aspects of congressional investigations are not subject to any rules at all, the House, ...
April 16, 2019, Covington Alert
Consistent with our predictions over the past several months, congressional investigations have flourished in the first few months of the 116th Congress, outpacing the oversight activity of any other Congress in recent memory.
March 25, 2019, Inside Political Law
The Department of Justice’s FARA Unit appears to have signaled a significant narrowing in the scope of a major FARA exemption that is especially important to private sector companies, including U.S. subsidiaries of foreign corporations. The apparent narrowing of FARA’s exemption for those who register under the Lobbying Disclosure Act (“LDA”) appeared in an ...
‘I Don’t Want My Client to Be Blindsided’: Executives and Their Lawyers Brace for Rep. Katie Porter's Questions
March 18, 2019, The National Law Journal
Brian Smith spoke with The National Law Journal about preparing clients for white collar and congressional investigation hearings. Mr. Smith says, “You have to anticipate everything—anything that a member of Congress or the staff preparing a member of Congress can find. That’s all fair game. You have to be ready for it. You should be ready for it.”
March 11, 2019, Covington Alert
Covington issued several client alerts in recent years warning of a rising tide of enforcement of the once-obscure Foreign Agents Registration Act of 1938 (“FARA”). Signs of this trend emerged long before the recent, high-profile Special Counsel’s Office investigation.
Spring 2019, PLI Current: The Journal of PLI Press
Connected and Automated Vehicles Webinar Series: What's Going on with U.S. Law and Regulations?
February 27, 2019
The webinar covered such topics as federal regulations affecting connected and automated vehicles (CAVs), with a focus on NHTSA, the FAA, the FCC, and CFIUS review; where Congress stands on CAV legislation, including the AV START Act, the SELF-DRIVE Act, and infrastructure legislation; state-level legislative, regulatory, and policy developments, with a closer ...
An Update on FARA Compliance and Enforcement
February 6, 2019, Briefing Call
Following the recent surge in Foreign Agents Registration Act (FARA) enforcement by the U.S. Department of Justice, Robert Kelner and Brian Smith held a briefing call to discuss the updates on FARA, which included: an overview of FARA registration, reporting, and compliance requirements; discussion of key, recently released DOJ FARA advisory opinions ...
November 10, 2018, Inside Political Law
Brian Smith delivered the following remarks during Covington’s post-election conference call with clients on November 8, 2018. “Restoring the Constitution’s checks and balances to the Trump administration.” That’s what Democratic leader Nancy Pelosi promised in her speech after the elections. Congressional oversight and investigations thrive in divided ...
November 10, 2018, Global Policy Watch
Brian Smith delivered the following remarks during Covington’s post-election conference call with clients on November 8, 2018. “Restoring the Constitution’s checks and balances to the Trump administration.” That’s what Democratic leader Nancy Pelosi promised in her speech after the elections. Congressional oversight and investigations thrive in divided ...
October 29, 2018
Covington Partners Rob Kelner and Brian Smith outline key factors about congressional investigations that companies should be aware of—before receiving an inquiry letter from Capitol Hill.
October 19, 2018, Global Policy Watch
If the current polls and predictions are accurate, the Democratic party is poised to take control of the House of Representatives next year, for the first time since 2010. Congressional investigations thrive in divided government, and Democratic leaders in Congress are already promising a new wave of investigations. My new article in Law360 examines the...… ...
October 19, 2018, Inside Political Law
If the current polls and predictions are accurate, the Democratic party is poised to take control of the House of Representatives next year, for the first time since 2010. Congressional investigations thrive in divided government, and Democratic leaders in Congress are already promising a new wave of investigations. My new article in Law360 examines the...… ...
Covington Promotes 20 New Partners
October 1, 2018
WASHINGTON—Covington has promoted 20 lawyers to its partnership. “This group covers a wide range of the firm’s most important practices and reflects the ongoing imperative of continuing to build and expand our strengths and to position the firm most effectively to be vibrant in the years ahead,” said Timothy Hester, Covington’s chair. "The size of our class is a ...
Don't Stop the Presses: Canadian Newsprint Tariffs Axed
August 29, 2018
Brian Smith worked with a team of lawyers to scrap proposed tariffs on Canadian imports of newsprint, handing a win to the American newspaper industry in their fight to avert a price hike on the cost of paper.
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 ...
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, 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 ...
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 ...
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)
Congressional Investigations: Four Things to Know [Video]
Rob Kelner and Brian Smith outline key factors about congressional investigations that companies should be aware of—before receiving an inquiry letter from Capitol Hill.