New York Governor Andrew Cuomo finally signed his administration’s signature political law reform bill last week, on August 24, 2016. The bill passed out of the New York legislature earlier this year and will have a significant impact on state-level Super PACs, nonprofit organizations involved in lobbying efforts in New York, and political consultants, in
Election Year Tips for Employers
From now until the polls close on Tuesday, November 8, 2016, politics will be inescapably in the air – and in the workplace. Employees will be talking, and sometimes arguing, and sometimes participating in one campaign or another. Prudent employers should take note of what they may be required to do or prohibited from doing about their employees’ desire to participate in the electoral process.
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SEC Charges Private Equity Fund with Pay-to-Play Violation
For the first time since it issued its pay-to-play rule in 2010, the SEC has charged a private equity firm with violating Rule 206(4)-5. The company charged agreed to disgorge nearly $260,000 in fees earned and to pay a $35,000 penalty as a result of two impermissible contributions made by the same “covered associate.” This initial enforcement action likely signals enhanced regulatory enforcement in this area.
Rule 206(4)-5 prohibits firms from receiving compensation for investment advisory services for government entities if the firm or any “covered associate” makes contributions above a de minimus amount ($350 if the person is eligible to vote for the candidate, $150 if he is not) to a government official who can directly or indirectly influence the hiring of an investment adviser by a governmental entity. Indirect influence includes appointing board members who make investment decisions. The ban applies for two years from the date the contributions are made. Under the rule, covered associates generally include general partners, managing members, executive officers (e.g., president, vice president in charge of a principal business unit or function, and those who perform policy-making functions), any employees who solicit government business, and their supervisors.…
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Discussion on IRS Rulemaking
On Wednesday, April 9, at 6:00 Ron Jacobs will moderate a panel at the George Washington University Law School on the IRS’s proposed rules for political activity of 501(c)(4) organizations. Panelist include Cleta Mitchell of Foley & Lardner LLP, John Pomeranz of Harmon, Curran, Spielberg & Eisenberg, LLP, and Paul Ryan of the Campaign Legal …
Outside Earned Income
House staff that are paid above a certain rate are limited in the amount of outside income they may receive. The House Ethics Committee announced today that the rate of pay for 2014 that triggers the limits is $120,749 or $10,062 a month. Anyone earning that rate for more than 90 days is subject to …
You Can Still Tune-Up on Government Affairs Compliance
In case you missed our webinar last week on government affairs compliance, you can click here for the recording and here for the presentation materials. We covered topics including:
- Creative ways to be involved in the political process;
- Operating a compliant PAC;
- Federal and state lobbying compliance;
- Pay-to-play laws that affect
Avoiding Pitfalls in the Presidential Appointment Process
It is new appointee time in the administration. Very few presidential appointees serve out even one administration, much less two, as is possible now with President Obama’s reelection. For example, the normal life of a political Deputy Assistant Secretary is only about 16-18 months.
What should you do if you are asked to consider serving…
New California Disclosure Rules for 501(c) Organizations that Make Independent Expenditures
When does a 501(c)(6) trade association have to disclose its members to the public? Not often, as the schedule of contributors provided to the IRS is not a public document. California – as is so often the case – has other ideas about that. If a 501(c) organization makes independent expenditures in California state races, …
Welcome to Political Law Briefing, where Venable’s Political Law team will provide timely updates, insights, and commentary on campaign finance, lobbying disclosure, gift and ethics, pay-to-play, and all the other laws that impact how you interact with the government. Whether it’s the latest court decision that changes the rules of the game in the …