POLITICAL LAW: DESCRIPTION

McKenna Long & Aldridge has a bipartisan team of lawyers and professionals knowledgeable in lobbying compliance, campaign finance, election law and government ethics. Reflecting our clients' broad range of needs, the practice is comprised of lawyers and professionals from the firm's government affairs, corporate, tax and litigation sections, many of whom have held senior positions in the executive and legislative branches of federal, state and local governments and played significant roles in various political campaigns and political parties.

The result of this cross-disciplinary approach is an ability to provide clients with professional legal advice without losing sight of the political context in which issues arise. Our clients include corporations, political action committees (PACs), independent committees, trade associations, non-profit organizations, elected officials and public officers and political candidates, committees and parties.

Lobbying Law Compliance

Representation of corporations with respect to Federal Lobbying Compliance and Filings.  Recent and proposed amendments to the Lobbying Disclosure Act of 1995 and Foreign Agent Registration Act require heightened attention and care by corporations to ensure compliance with the increased disclosure and scrutiny these obligations will bring to bear.  We assist clients with the compliance and reporting requirements of these Acts as well as in the establishment of internal compliance programs with regard to campaign activity, ethics compliance and disclosure obligations.

Representation of corporations with respect to state lobbying and ethics compliance and reporting.  Recent developments in Washington have also spurred every state legislature and general assembly to revisit and revise their state, county and local compliance and disclosure requirements with respect to lobbying activities, vendor procurement, pay-to-play regulation and gift rules.  We represent national clients in navigating this myriad of sometimes inconsistent patchwork of obligations throughout the country and assist those clients in establishing comprehensive compliance and reporting programs to manage their activities throughout the country. 

PAC Guidance

Our Political Law group guides corporations, organizations and individuals through the intricate issues regulated by the Federal Election Commission (FEC) and similar state regulatory agencies. We help establish and maintain state and federal PACs and independent committees for our clients. Once formed, these committees rely on our lawyers and professionals to assist with PAC administration, solicitation and contribution issues.

The team routinely assists PACs with filing their financial disclosure forms with the FEC and appropriate state agencies. We also represent political committees in efforts to resolve complaints filed against them by the FEC and various other disclosure agencies and represent clients faced with enforcement actions. For some PACs, we provide day-to-day management including database administration, records retention, reports production and membership activities.

Political Activities

Corporations, trade associations, political and advocacy groups and individuals seek our assistance in determining whether a particular political activity -- such as sponsoring a fundraiser or hosting a political candidate -- is permissible under certain circumstances. In some instances, this advice may include seeking advisory opinions from the appropriate state or federal agency.

We also provide advice on the tax and other legal consequences of various lobbying programs. Team members counsel business clients who want to increase their visibility in the federal, state or local governmental and political communities. Owing to the practical experience of the lawyers and professionals involved, clients receive representation that is tailored to their specific needs while ensuring compliance with applicable state and federal laws. This aspect of the practice requires a keen understanding of the ethical considerations involved when businesses interact with the legislative or executive branches of government.

Campaign and Political Parties’ Counsel

Our team represents state and federal political organizations in matters involving a variety of election-related issues. Our clients have included a number of federal and state candidates. In particular, we assist campaigns in preparing their contribution and expenditure reports to ensure compliance with substantive and technical aspects of relevant laws and regulations. We regularly review these clients' disclosure reports prior to filing. In the event a campaign's report is challenged, either by regulatory agencies such as the FEC or by a political opponent, the team can provide legal representation tinged with political advice. Drawing upon the practical political experience of lawyers and professionals in the firm's public policy and government relations teams, we are able to assist campaigns when their fundraising or spending activities become political issues.

We have also represented campaigns and political parties in election disputes and on ballot access and candidate eligibility matters and can assist them in monitoring the election process. We provide candidates with legal counsel throughout their campaigns, including assistance in setting up campaign organizations, reviewing contracts and avoiding and negotiating employment disputes. Again, the unique background and experience of the lawyers and professionals working in this area provides our clients with advice that is attuned to the special concerns of political candidates. 

We have experience working with the national political parties, including on matters relating to hosting national conventions and negotiating convention-related contracts. Members of our team have served in various capacities in state and national political organizations of both major political parties.

Tax-Exempt Guidance

In appropriate circumstances, we counsel clients on the appropriate tax-exempt status to seek in light of their intended purposes and activities. We then prepare and file the organization's initial application for tax-exempt status with federal and local authorities. After the organization is recognized as tax-exempt, we assist the organization in satisfying the numerous special requirements for maintaining its status. We also provide advice on the tax implications of various programs such as insurance, advertising, establishing for-profit subsidiaries and trade shows.  

Government Ethics

We assist political candidates, elected officials, corporations and others in complying with state and federal ethics requirements. We represent them in matters before the U.S. House and Senate ethics committees and before state ethics commissions and assist them in filing their personal financial disclosure reports. We have assisted in the drafting of governmental ethics codes and recently assisted in preparation of a new ethics code adopted by the City of Atlanta. We have experience working with various federal laws including the federal Ethics and Government Act, the federal Lobbying Disclosure Act, the Foreign Corrupt Practices Act and similar local, state and congressional rules and regulations.

Litigation

Public officials, candidates, and organizations involved in the political process are often hauled into court or before administrative agencies to respond to claims that they violated campaign finance or government ethics laws. Similarly, our clients must sometimes pursue claims in court or before administrative agencies to ensure compliance with applicable laws.

Our lawyers represent candidates, public officials and individuals in court and before federal and state agencies, such as the FEC and the Federal Communications Commission and state ethics commissions on a wide range of issues. We represent state and federal officials, candidates, campaign committees and political organizations in defending against claims that they violated campaign finance and ethics laws, as well as public officials in criminal investigations conducted by state prosecutors. Further, our lawyers have represented numerous governors, members of Congress and state officials in court and before regulatory agencies in claims against media outlets for overcharges on political advertising rates. Our litigation team also works closely with our First Amendment team when appropriate.

Representative Clients

• Banks
• Candidates for local and state office
• Candidates for the U.S. Senate and House of Representatives
• Local, state and federal officeholders
• Political Action Committees and Independent Committees
• Political parties
• Real estate companies
• Tax-exempt and social welfare organizations
• Technology companies and groups
• Trade associations

For more information, please contact Stefan Passantino.