Why you should attend
Lobbying, campaign finance and ethics rules in Washington, and in every state, are changing, and new court cases are affecting lobbyists, corporations, associations, and unions. Compliance with federal, state and local laws is more complex than ever. Congressional ethics rules, the Lobbying Disclosure Act (LDA), pay-to-play laws, as well as increasing pressure on corporations to disclose to shareholders their contributions and lobby expenditures, place additional responsibilities on companies and their executives and directors. To stay above reproach, be sure to attend this acclaimed program. High-level officials from the Federal Election Commission, the Department of Justice, Congressional ethics committees, and state ethics agencies, as well as corporate compliance officers and expert private practitioners, will explain how to navigate the laws that regulate political, lobbying and gift activities.
What you will learn
- The aftermath of Citizens United and subsequent cases
- The rules for corporate, union, association and non-connected federal and state PACs
- Federal and state lobbying rules, including recent changes
- Elements of an effective corporate compliance program
- Federal and state pay-to-play laws
- Federal and state gift rules, including the Obama administration’s Executive Order and policies, with a focus on practical application
- FEC hot topics: disclosure of bundled contributions, issue advocacy, 527 organizations, Super PACs, and campaigning on the Internet
- FEC and key state ethics agency rulemakings and litigation
- Recent civil and criminal enforcement cases, policies and sentencing guidelines
- Shareholder political participation issues
- Latest on IRS regulating political nonprofits
Special Features
- Networking luncheon with keynote speaker
- One hour of Ethics credit
Plus - register for this program and receive complimentary access to a One-Hour Audio Briefing on the Basics of the Federal Election Campaign Act prior to the program.
Who should attend
Attorneys, compliance officers, committee treasurers and others representing PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.
Day One: 8:45 a.m. - 5:30 p.m.
Morning Session: 8:45 a.m. - 12:15 p.m.
8:45 Welcome and Overview
Chip Nielsen
PART I: FEDERAL CAMPAIGN LAWS
9:00 FECA and Political Committees
- Comprehensive discussion of PACs and PAC fundraising
- PAC contributions and expenditures – restrictions and prohibitions
- Separate segregated funds vs. Super PACs vs. Nonconnected PACs
- Solicitation rules
- Affiliation rules
- Partnerships
Jan Witold Baran
10:30 Networking Break
10:45 Political Activities by Corporations
- What you can do without a PAC
- Issue advocacy vs. political expenditures
- Fundraising at the office
- Bundling rules
- Meet and greets vs. political events
- Citizens United regulations
Kenneth A. Gross
11:45 Update from the Federal Election Commission
- Hot topics
- Recent changes
- Best practices
Hon. Ellen L. Weintraub, Chair, Federal Election Commission
Hon. Donald F. McGahn II, Vice Chairman, Federal Election Commission
12:15 Networking Keynote Lunch
Charles E. Cook, Jr., Editor and Publisher, The Cook Political Report
Afternoon Session: 1:30 p.m. - 5:30 p.m.
1:30 Corporate Activities, Foreign Nationals, Trade and Membership Association PACs, and Federal Pay-to-Play Laws
- Prohibitions on foreign nationals and foreign companies
- Trade associations and membership organizations and their political giving
- Restrictions on national banks and other special rules
- Other business entities: partnerships, LLPs, LLCs
- Federal pay-to-play laws
Caleb P. Burns, Rebecca H. Gordon, Ki P. Hong
PART II: LOBBYING AND ETHICS LAWS
2:30 Federal Lobbying Disclosure Laws
- Honest Leadership and Open Government Act (HLOGA)
- Lobby disclosure
- Foreign Agents Registration Act
- Registration and reporting forms under the Lobbying Disclosure Act
Kenneth A. Gross, Dana K. McCallum
3:30 Networking Break
3:45 Federal Ethics Rules
- Gift rules and latest developments
- Political and congressional travel rules
- Executive Branch gift rules and Obama
- Executive Order
Jan Witold Baran, Don W. Fox, John C. Sassaman, Jr.
PART III: SHAREHOLDER POLITICAL PARTICIPATION
4:45 Shareholder Resolutions for Corporate Political Activity and Lobby Expenditures
- Transparency of political contributions
- Transparency of lobbying payments and payments to trade associations
- Resolution opposition statements
- SEC rulemaking petition and no-action letters
Kenneth A. Gross, Wesley D. Bizzell, Dan Bross, Bruce F. Freed
5:30 Adjourn
Day Two: 9:00 a.m. - 4:45 p.m.
Morning Session: 9:00 a.m. - 12:15 p.m.
PART IV: FEC AND DOJ ENFORCEMENT OF ELECTION AND ETHICS LAWS
9:00 Criminal and Civil Enforcement of Election and Ethics Laws
- Cases most likely to be prosecuted as criminal
- Drawing the line between civil and criminal
- Scienter requirements
- U.S. sentencing guidelines
- HLOGA enforcement
Jan Witold Baran, Anthony Herman, Keith Morgan, Richard C. Pilger, Ann M. Ravel
10:30 Networking Break
PART V: CORPORATE COMPLIANCE
10:45 Corporate Compliance and Ethics Programs Panel
- Elements of a corporate compliance program
- Dealing with government/political affairs personnel
- Monitoring legal developments
- Use of outside counsel and vendors
- Best practices on compliance
Chip Nielsen (Moderator); Angela D’Amato,Joanne Lendway McMahon, Amol S. Naik
12:15 Lunch (on your own)
Afternoon Session: 1:30 p.m. - 4:45 p.m.
PART VI: STATE CAMPAIGN, LOBBYING AND ETHICS LAWS
1:30 State Campaign Finance Laws
- Role of state and local laws relating to campaign finance
- Using state and federal PACs nationally
- View from state regulators
- Fifty state approach to compliance
Chip Nielsen, Ann M. Ravel, Natalia Luna Ashley
2:30 Networking Break
2:45 State Pay-to-Play Laws andGovernment Contracts
- State, local and pension pay-to-play laws
- Political contributions by state contractors
- Expanding coverage to personal and family member contributions
- Enforcement: penalties and business bans
Ki P. Hong, Jason D. Kaune,Joanne Lendway McMahon
3:45 State Lobbying, Gifts and Ethics Laws
- Lobby registration and disclosure
- Procurement and grassroots lobbying
- State and local gift and gratuities
- Other government ethics and conflict of interest laws
Jason D. Kaune, Ann M. Ravel, Natalia Luna Ashley, Carol Carson
4:45 Adjourn
Co-Chair(s)
Chip Nielsen ~ Nielsen Merksamer Parrinello Gross & Leoni LLP
Speaker(s)
Dan Bross ~ Senior Director of Corporate Citizenship, Microsoft Corporation
Carol Carson ~ Executive Director, Connecticut Office of State Ethics
Don W. Fox ~ General Counsel and Principal Deputy Director, United States Office of Government Ethics
Ki P. Hong ~ Skadden, Arps, Slate, Meagher & Flom LLP
Dana K. McCallum ~ Superintendent, Office of Public Records, Secretary of the Senate, U.S. Senate
Joanne Lendway McMahon ~ Leader - Governmental Compliance, GE Corporate, Corporate Legal, General Electric Company
Keith Morgan ~ Deputy Chief, Civil Division, U.S. Attorney's Office
Amol S. Naik ~ Global Ethics and Compliance Counsel, Google Inc.
Richard C. Pilger ~ Director, Elections Crimes Branch, Criminal Division, U.S. Department of Justice
Ann M. Ravel ~ Chair, California Fair Political Practices Commission
Program Attorney(s)