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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)
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 12, 2021, Inside Political Law
After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the...… ...
January 12, 2021, Global Policy Watch
After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the...… ...
A Curious Advisory Opinion Reinterprets the FARA Exemption for Lawyers (and Resolves a FARA Mystery)
January 11, 2021, Inside Political Law
Last week, the Department of Justice’s FARA Unit released a curious advisory opinion. The new opinion stated that it replaced an advisory opinion released by the Department in December 2019, and it revised the Department’s guidance on the scope of the lawyers’ exemption to FARA. As far as we can tell, this is the first...… Continue Reading The post A Curious ...
January 11, 2021, Covington Alert
After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the makeup ...
January 5, 2021, Global Policy Watch
As the calendar turns from 2020 to 2021, we are taking stock of congressional investigations over the past two years, and assessing events in the recent weeks that help to shed light on the likely trajectory for congressional investigations in 2021. In late October, we considered congressional investigations in the context of the upcoming election. We...… ...
January 4, 2021, Inside Political Law
As the calendar turns from 2020 to 2021, we are taking stock of congressional investigations over the past two years, and assessing events in the recent weeks that help to shed light on the likely trajectory for congressional investigations in 2021. In late October, we considered congressional investigations in the context of the upcoming election....… Continue ...
December 21, 2020, Global Policy Watch
On Wednesday, December 16, Senator Chuck Grassley (R-Iowa) sought, and failed to achieve, unanimous consent to pass legislation that would have granted significant new powers to the Department of Justice to enforce compliance with the Foreign Agents Registration Act. In objecting to passage, Sen. Bob Menendez (D-N.J.) said that the Senate should “take a ...
December 21, 2020, Inside Political Law
On Wednesday, December 16, Senator Chuck Grassley (R-Iowa) sought, and failed to achieve, unanimous consent to pass legislation that would have granted significant new powers to the Department of Justice to enforce compliance with the Foreign Agents Registration Act. In objecting to passage, Sen. Bob Menendez (D-N.J.) said that the Senate should “take a ...
November 16, 2020
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 ever make. Accordingly, it is critical for ...
November 12, 2020, Covington Alert
Even as state and local officials continue to tally votes, the overall results of the 2020 elections are now largely clear, with a Democratic administration, Democratic control of the House, and a closely divided Senate. In this client alert, we assess the likely impact of those results on the investigative agendas of key House and Senate committees, while ...
November 11, 2020, Covington Alert
The Department of Justice (DOJ) and other federal agencies have increasingly examined issues related to potential foreign influence of environmental groups in the United States. Notably, last month, EPA Administrator Andrew Wheeler referred a number of environmental groups to the Department of Justice for examination under the Foreign Agents Registration Act ...
November 9, 2020, Global Policy Watch
Two years ago, the newly elected Democratic majority in the House promised a wave of investigations—and they sure did deliver. Even if you set aside the investigations related to the impeachment, the pace of investigations over the last two years was unlike anything we had witnessed in more than a decade. A hallmark of the...… Continue Reading
2020 Post-Election Analysis & Overview
November 9, 2020, Financial Women of San Francisco
October 29, 2020, Covington Alert
Stability in the Democratic House means more investigations. It appears likely that the Democratic majority will retain control of the House of Representatives. The election stability in the House will translate into few, if any, changes in the leadership of the key committees most consistently involved in congressional investigations. Moreover, the rules ...
June 2, 2020, Global Policy Watch
The Department of Justice’s FARA Unit has publicly posted, for the first time, a set of FARA determination letters. A determination letter is the Unit’s formal opinion on whether an entity under scrutiny by the Department is required to register under FARA. As far as we can tell, the release was done quietly, without public...… Continue Reading
June 2, 2020, Inside Political Law
The Department of Justice’s FARA Unit has publicly posted, for the first time, a set of FARA determination letters. A determination letter is the Unit’s formal opinion on whether an entity under scrutiny by the Department is required to register under FARA. As far as we can tell, the release was done quietly, without public...… Continue Reading The post DOJ ...
May 28, 2020, Inside Political Law
Following the Department of Justice’s announcement in March 2019 of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department began rolling out a new electronic filing system for FARA registrations in September 2019. At that time, as Covington reported, the new system applied only to new registrants, and the ...
May 26, 2020, Global Policy Watch
As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...
May 26, 2020, Inside Political Law
As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...
May 26, 2020, Covington Alert
As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional ...
Updated July 2019, Covington Guide
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 ...
April 22, 2020
WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...
April 17, 2020, Global Policy Watch
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
April 1, 2020, Global Policy Watch
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
March 31, 2020, Inside Political Law
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
March 31, 2020, Covington Alert
On March 30, 2020, the inspectors general of several major agencies selected the Department of Defense Inspector General, Glenn Fine, to lead a newly created federal oversight entity that will investigate waste, fraud, and abuse in connection with the massive new coronavirus economic relief legislation. The inspectors general were exercising new authority ...
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 ...
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.
‘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 ...
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.
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, 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.
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, 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)
COVID-19: Legal and Business Toolkit
We are helping clients around the world navigate this evolving, complex situation.
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.