Seminar  Program

Corporate Political Activities 2018: Complying with Campaign Finance, Lobbying and Ethics Laws


Select a Location:

Please note: this program does not offer legal ethics credit.

Why You Should Attend

As we head into the 2018 election season, developments in federal and state lobbying, campaign finance and ethics rules are making corporate compliance more challenging than ever. Led by high-level officials from the Federal Election Commission, Congressional ethics committees, state ethics agencies, corporate compliance officers, and private practitioners, this program’s expert faculty will walk you through the latest issues. From federal and state lobbying and pay-to-play laws to practical strategies for developing and running an effective compliance program, this program is a must-attend for attorneys and others representing political contributors, PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups and activists.

What You Will Learn

  • Developments in election law
  • Creating effective compliance programs
  • FEC and state ethics agency updates
  • Recent case law impacting political activities
  • Civil and criminal enforcement updates
  • Pay-to-play, lobbying
  • Foreign nationals, tax-exempt organizations, and independent expenditures

Special Features:

  • Featured Speaker and Networking Luncheons at both locations
  • Two breakout sessions (D.C. only)
  • California Ethics Regulator Roundtable Discussion (San Francisco only)
  • 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 Kenneth A. Gross, Jason Kaune, and Jan Witold Baran and will be held on August 1, 2018. 

Who Should Attend

This program is designed for attorneys and others representing political contributors, PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups and activists.

Program Level: Overview

Intended Audience: This program is designed for attorneys and others representing political contributors, PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups and activists.

Prerequisites: An interest in political law.

Advanced Preparation: None 


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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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: 8:30 a.m. - 5:00 p.m.

8:30 Opening Remarks
  • Program overview
  • Resource materials

Kenneth A. Gross, Jason D. Kaune, Jan Witold Baran



8:45 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. Non-connected PACs
  • Trade associations and membership organizations and PACs
  • Solicitation rules
  • Foreign nationals
  • Affiliation rules
  • Partnerships                                   

Jan Witold Baran



10:15 Networking Break

10:30 Political Activities by Corporations                                                   
  • What you can do without a PAC
  • Trade associations and membership organizations and their political giving
  • Issue advocacy vs. political expenditures
  • Fundraising at the office
  • Bundling rules
  • Meet and greets vs. political events
  • Citizens United regulations

Kenneth A. Gross



12:00 Working with the Federal Election Commission 
  • Hot topics
  • Filing reports
  • Best practices for working with the Commission

Jan Witold Baran (Moderator), Debbie Chacona, Hon. Ellen L. Weintraub



12:30 Networking Luncheon and Featured Speaker: Richard L. Hasen, Chancellor's Professor of Law and Political Science, University of California, Irvine

Professor Hasen, a nationally recognized expert in election law and author of The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, will discuss recent developments in campaign finance law, voting rights, redistricting, and more.



2:00 Federal Lobbying Disclosure Laws  
  • Honest Leadership and Open Government Act (HLOGA)
  • Registration and reporting forms under the Lobbying Disclosure Act (LDA)                                                     

Kenneth A. Gross



2:45 Federal Ethics Rules
  • Gift rules and latest developments
  • Political and congressional travel rules
  • Executive Branch gift rules and Obama Executive Order
  • House and Senate gift rules
  • Post-government employment restrictions
  • STOCK Act and insider trading rules                                                            

Jan Witold Baran, Deborah S. Mayer



3:45 Networking Break

4:00 Foreign Nationals, Tax-Exempt Organizations, and Independent Expenditures
  • Foreign Agents Registration Act                                                        
  • U.S. subsidiaries of foreign companies and PACs
  • What types of tax-exempt organizations can be politically active?
  • Can they engage in independent campaign expenditures and other political activities?
  • What is the difference between them and super PACs?

Caleb Burns, Jason D. Kaune, Robert K. Kelner



5:00 Adjourn

Day Two: 8:30 a.m. - 4:45 p.m.

8:30 Corporate Compliance and Ethics Programs  
  • Elements of a corporate compliance program
  • Working with government/political affairs personnel
  • Monitoring legal developments
  • Use of outside counsel and vendors
  • Best practices on compliance             

Jason D. Kaune (Moderator), Wesley D. Bizzell, Kevin Heneghan, Terri J. Lee, Lydia Wylie

(CFE Field of Study: Fraud)



10:00 Networking Break

10:15 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

Jan Witold Baran, Robert K. Kelner, Michael J. Sullivan, Hon. Ellen L. Weintraub

(CFE Field of Study: Fraud)



11:15 Federal and State Pay-to-Play Laws and Government Contracts
  • Political contributions by financial services firms
  • Expanding coverage to personal and family member contributions
  • Enforcement: penalties and business bans                
  • State, local and pension pay-to-play laws
  • Political contributions by state contractors 

Elli Abdoli, Ki P. Hong, Joanne Lendway McMahon



12:30 Lunch (on your own)

1:30 State and Local 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

Steven I. Berlin, Jason D. Kaune, Michael J. Sullivan



2:30 Networking Break

2:45 State and Local 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

David Bainbridge, Steven I. Berlin, Jason D. Kaune



3:45 California Ethics Regulator Roundtable Discussion
  • Special rules for political donors and major funders
  • Doing business with state and local agencies
  • Interaction of state and local laws and enforcement 

Jason D. Kaune (Moderator), Stacey Fulhorst, LeeAnn Pelham, Galena West 



4:45 Adjourn

Co-Chair(s)
Kenneth A. Gross ~ Skadden, Arps, Slate, Meagher & Flom LLP
Jason D. Kaune ~ Nielsen Merksamer Parrinello Gross & Leoni LLP
Jan Witold Baran ~ Wiley Rein LLP
Speaker(s)
Elli Abdoli ~ Nielsen Merksamer Parrinello Gross & Leoni LLP
David Bainbridge ~ Assistant Chief, Enforcement Division, Fair Political Practices Commission
Steven I. Berlin ~ Executive Director, Board of Ethics, City of Chicago
Wesley D. Bizzell ~ Senior Assistant General Counsel, External Affairs, Managing Director of Political Law and Ethics Programs, Altria Client Services LLC
Caleb P. Burns ~ Wiley Rein LLP
Debbie Chacona ~ Director, Reports Analysis Division, Federal Election Commission
Stacey Fulhorst ~ Executive Director, Ethics Commission, City of San Diego Ethics Commission
Richard L. Hasen ~ Chancellor’s Professor of Law and Political Science, University of California, Irvine
Kevin Heneghan ~ Lead Counsel, Policy, Airbnb
Ki P. Hong ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert K. Kelner ~ Covington & Burling LLP
Terri J. Lee ~ Vice President, State Government Affairs & Policy, Merck & Co Inc.
Deborah S. Mayer ~ Chief Counsel & Staff Director, Select Committee on Ethics, U.S.Senate
Joanne Lendway McMahon ~ Leader - Governmental Compliance, GE Corporate - Legal, General Electric Company
LeeAnn Pelham ~ Executive Director, San Francisco Ethics Commission
Michael J. Sullivan ~ Director, Massachusetts Office of Campaign and Political Finance
Hon. Ellen L. Weintraub ~ Vice Chair, Federal Election Commission
Galena West ~ Chief, Enforcement Division, Fair Political Practices Commission
Lydia Wylie ~ Senior Analyst, Political Compliance Program, Chevron Corporation
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (800) 260-4754.

San Francisco Hotel Accommodations

Omni Hotel San Francisco, 500 California Street, San Francisco, CA 94104. 415-677-9494.  A block of rooms has been made for this program. When calling, please mention Practising Law Institute and the name of the program.  The cut off date for the preferred rate is September 3, 2018.

Please note: this program does not offer legal ethics credit.

Why You Should Attend

As we head into the 2018 election season, developments in federal and state lobbying, campaign finance and ethics rules are making corporate compliance more challenging than ever. Led by high-level officials from the Federal Election Commission, Congressional ethics committees, state ethics agencies, corporate compliance officers, and private practitioners, this program’s expert faculty will walk you through the latest issues. From federal and state lobbying and pay-to-play laws to practical strategies for developing and running an effective compliance program, this program is a must-attend for attorneys and others representing political contributors, PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups and activists.

What You Will Learn

  • Developments in election law
  • Creating effective compliance programs
  • FEC and state ethics agency updates
  • Recent case law impacting political activities
  • Civil and criminal enforcement updates
  • Pay-to-play, lobbying
  • Foreign nationals, tax-exempt organizations, and independent expenditures

Special Features:

  • Featured Speaker and Networking Luncheons at both locations
  • Two breakout sessions (D.C. only)
  • California Ethics Regulator Roundtable Discussion (San Francisco only)
  • 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 Kenneth A. Gross, Jason Kaune, and Jan Witold Baran and will be held on August 1, 2018. 

Who Should Attend

This program is designed for attorneys and others representing political contributors, PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups and activists.

Program Level: Overview

Intended Audience: This program is designed for attorneys and others representing political contributors, PACs, lobbyists, corporations, trade and membership associations, unions and other political interest groups and activists.

Prerequisites: An interest in political law.

Advanced Preparation: None 


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.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

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: 8:30 a.m. - 5:00 p.m.

8:30 Opening Remarks
  • Program overview
  • Resource materials

Kenneth A. Gross, Jason D. Kaune, Jan Witold Baran



8:45 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. Non-connected PACs
  • Trade associations and membership organizations and PACs
  • Solicitation rules
  • Foreign nationals
  • Affiliation rules
  • Partnerships                                   

Jan Witold Baran



10:15 Networking Break

10:30 Political Activities by Corporations                                                   
  • What you can do without a PAC
  • Trade associations and membership organizations and their political giving
  • Issue advocacy vs. political expenditures
  • Fundraising at the office
  • Bundling rules
  • Meet and greets vs. political events
  • Citizens United regulations

Kenneth A. Gross



12:00 Working with the Federal Election Commission 
  • Hot topics
  • Filing reports
  • Best practices for working with the Commission

Jan Witold Baran (Moderator), Debbie Chacona, Hon. Ellen L. Weintraub



12:30 Networking Luncheon and Featured Speaker: Richard L. Hasen, Chancellor's Professor of Law and Political Science, University of California, Irvine

Professor Hasen, a nationally recognized expert in election law and author of The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, will discuss recent developments in campaign finance law, voting rights, redistricting, and more.



2:00 Federal Lobbying Disclosure Laws  
  • Honest Leadership and Open Government Act (HLOGA)
  • Registration and reporting forms under the Lobbying Disclosure Act (LDA)                                                     

Kenneth A. Gross



2:45 Federal Ethics Rules
  • Gift rules and latest developments
  • Political and congressional travel rules
  • Executive Branch gift rules and Obama Executive Order
  • House and Senate gift rules
  • Post-government employment restrictions
  • STOCK Act and insider trading rules                                                            

Jan Witold Baran, Deborah S. Mayer



3:45 Networking Break

4:00 Foreign Nationals, Tax-Exempt Organizations, and Independent Expenditures
  • Foreign Agents Registration Act                                                        
  • U.S. subsidiaries of foreign companies and PACs
  • What types of tax-exempt organizations can be politically active?
  • Can they engage in independent campaign expenditures and other political activities?
  • What is the difference between them and super PACs?

Caleb Burns, Jason D. Kaune, Robert K. Kelner



5:00 Adjourn

Day Two: 8:30 a.m. - 4:45 p.m.

8:30 Corporate Compliance and Ethics Programs  
  • Elements of a corporate compliance program
  • Working with government/political affairs personnel
  • Monitoring legal developments
  • Use of outside counsel and vendors
  • Best practices on compliance             

Jason D. Kaune (Moderator), Wesley D. Bizzell, Kevin Heneghan, Terri J. Lee, Lydia Wylie

(CFE Field of Study: Fraud)



10:00 Networking Break

10:15 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

Jan Witold Baran, Robert K. Kelner, Michael J. Sullivan, Hon. Ellen L. Weintraub

(CFE Field of Study: Fraud)



11:15 Federal and State Pay-to-Play Laws and Government Contracts
  • Political contributions by financial services firms
  • Expanding coverage to personal and family member contributions
  • Enforcement: penalties and business bans                
  • State, local and pension pay-to-play laws
  • Political contributions by state contractors 

Elli Abdoli, Ki P. Hong, Joanne Lendway McMahon



12:30 Lunch (on your own)

1:30 State and Local 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

Steven I. Berlin, Jason D. Kaune, Michael J. Sullivan



2:30 Networking Break

2:45 State and Local 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

David Bainbridge, Steven I. Berlin, Jason D. Kaune



3:45 California Ethics Regulator Roundtable Discussion
  • Special rules for political donors and major funders
  • Doing business with state and local agencies
  • Interaction of state and local laws and enforcement 

Jason D. Kaune (Moderator), Stacey Fulhorst, LeeAnn Pelham, Galena West 



4:45 Adjourn

Co-Chair(s)
Kenneth A. Gross ~ Skadden, Arps, Slate, Meagher & Flom LLP
Jason D. Kaune ~ Nielsen Merksamer Parrinello Gross & Leoni LLP
Jan Witold Baran ~ Wiley Rein LLP
Speaker(s)
Elli Abdoli ~ Nielsen Merksamer Parrinello Gross & Leoni LLP
David Bainbridge ~ Assistant Chief, Enforcement Division, Fair Political Practices Commission
Steven I. Berlin ~ Executive Director, Board of Ethics, City of Chicago
Wesley D. Bizzell ~ Senior Assistant General Counsel, External Affairs, Managing Director of Political Law and Ethics Programs, Altria Client Services LLC
Caleb P. Burns ~ Wiley Rein LLP
Debbie Chacona ~ Director, Reports Analysis Division, Federal Election Commission
Stacey Fulhorst ~ Executive Director, Ethics Commission, City of San Diego Ethics Commission
Richard L. Hasen ~ Chancellor’s Professor of Law and Political Science, University of California, Irvine
Kevin Heneghan ~ Lead Counsel, Policy, Airbnb
Ki P. Hong ~ Skadden, Arps, Slate, Meagher & Flom LLP
Robert K. Kelner ~ Covington & Burling LLP
Terri J. Lee ~ Vice President, State Government Affairs & Policy, Merck & Co Inc.
Deborah S. Mayer ~ Chief Counsel & Staff Director, Select Committee on Ethics, U.S.Senate
Joanne Lendway McMahon ~ Leader - Governmental Compliance, GE Corporate - Legal, General Electric Company
LeeAnn Pelham ~ Executive Director, San Francisco Ethics Commission
Michael J. Sullivan ~ Director, Massachusetts Office of Campaign and Political Finance
Hon. Ellen L. Weintraub ~ Vice Chair, Federal Election Commission
Galena West ~ Chief, Enforcement Division, Fair Political Practices Commission
Lydia Wylie ~ Senior Analyst, Political Compliance Program, Chevron Corporation
Program Attorney(s)
Seema Lal Meehan ~ Director, Special Projects and Senior Program Attorney , Practising Law Institute
Related Items

Handbook  Course Handbook Archive

Corporate Political Activities 2018: Complying with Campaign Finance, Lobbying and Ethics Laws Jan Witold Baran, Wiley Rein LLP
Kenneth A. Gross, Skadden, Arps, Slate, Meagher & Flom LLP
Jason D. Kaune, Nielsen Merksamer Parrinello Gross & Leoni LLP
 
Corporate Political Activities 2017: Complying with Campaign Finance, Lobbying and Ethics Laws Jan Witold Baran, Wiley Rein LLP
Chip Nielsen, Nielsen Merksamer Parrinello Gross & Leoni LLP
Kenneth A. Gross, Skadden, Arps, Slate, Meagher & Flom LLP
 
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