Seminar  Seminar

Corporate Political Activities 2014


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

  • Recent cases affecting corporate political activities
  • 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: 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
  • 501(c)4s: IRS proposals on nonprofits

Who should attend

Attorneys and others representing PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups.

Special Features
  • Networking Luncheon with Keynote Speakers: Porter J. Goss, Chairman of the Board, and David Skaggs Co-Chairman of the Board, Office of Congressional Ethics, United States House of Representatives, Washington, D.C.
  • One hour of ethics CLE credit
  • Register and receive complimentary access to a preparatory one-hour audio briefing on the Basics of the Federal Election Campaign Act, which will be presented by co-chairs Jan Witold Baran, Kenneth A. Gross and Chip Nielsen, and will be held the week prior to the program, on September 4, 2014

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.

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

  • Program overview
  • Resource materials

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 v. Super PACs v. Nonconnected PACs
  • Trade associations and membership organizations and 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
  • Trade associations and membership organizations and their political giving
  • Issue advocacy versus political expenditures
  • Fundraising at the office
  • Bundling rules
  • Meet and greets v. political events
  • Citizens United regulations

Kenneth A. Gross

11:45 Update from the Federal Election Commission

  • Hot topics
  • Recent changes
  • Best practices

Hon. Lee E. Goodman, Chair, Federal Election Commission
Hon. Ann M. Ravel, Vice Chair, Federal Election Commission

12:15 Keynote Networking Lunch

Porter J. Goss
Chairman of the Board
Office of Congressional Ethics
United States House of Representatives
Washington, D.C.

David Skaggs
Co-Chairman of the Board
Office of Congressional Ethics
United States House of Representatives
Washington, D.C.

Afternoon Session: 1:30 p.m. - 5:30 p.m.

1:30 Foreign Nationals, Federal Pay-to-Play Laws, and 501(c)4s

  • Prohibitions on foreign nationals and foreign companies
  • Federal pay-to-play laws
  • 501(c)4s: recent developments

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, 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

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, Omar S. Ashmawy, Keith Morgan, Richard C. Pilger, Gary Winuk

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), Michael W. Clancy, Angela D’Amato, Joanne Lendway McMahon

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

2:30 Networking Break

2:45 State Pay-to-Play Laws and Government 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

Carol Carson, Ki P. Hong, Jason D. Kaune, Joanne Lendway McMahon

3:45 State Lobbying, Ethics and Gift Laws

  • Lobby registration and disclosure
  • Procurement and grassroots lobbying
  • State and local gift and gratuities
  • Other government ethics and conflict of interest laws

Carol Carson, Jason D. Kaune, Gary Winuk

4:45 Adjourn

Co-Chair(s)
Jan Witold Baran ~ Wiley Rein LLP
Kenneth A. Gross ~ Skadden, Arps, Slate, Meagher & Flom LLP
Chip Nielsen ~ Nielsen Merksamer Parrinello Gross & Leoni LLP
Speaker(s)
Omar S. Ashmawy ~ Staff Director and Chief Counsel, Office of Congressional Ethics
Wesley D. Bizzell ~ Assistant General Counsel, Altria Client Services Inc.
Dan Bross ~ Senior Director of Corporate Citizenship, Microsoft Corporation
Caleb P. Burns ~ Wiley Rein LLP
Carol Carson ~ Executive Director, Connecticut Office of State Ethics
Michael W. Clancy ~ Vice President and Associate General Counsel, Oracle USA, Inc.
Angela D'Amato ~ Deputy General Counsel, Comcast Corporation
Lee E. Goodman ~ Chair, Federal Election Commission
Rebecca H. Gordon ~ Perkins Coie LLP
Porter J. Goss ~ Chairman of the Board, Office of Congressional Ethics
Ki P. Hong ~ Skadden, Arps, Slate, Meagher & Flom LLP
Jason D. Kaune ~ Nielsen Merksamer Parrinello Gross & Leoni 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
Richard C. Pilger ~ Director, Elections Crimes Branch, Criminal Division, U.S. Department of Justice
Ann M. Ravel ~ Vice Chair, Federal Election Commission
John C. Sassaman, Jr. ~ Chief Counsel and Staff Director, Senate Ethics Committee
David Skaggs ~ Co-Chairman of the Board, Office of Congressional Ethics
Gary S. Winuk ~ Chief, Enforcement Division, Fair Political Practices Commission
Program Attorney(s)
Laura R. Shields ~ Director of Programs, Practising Law Institute

Washington, D.C. Seminar Location and Hotel Accommodations

The Ritz Carlton Washington DC, 1150 22nd Street NW, Washington, DC 20037.Phone: (202) 835-0500.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

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