Political Law Firms Defined
Political law firms are law firms that focus on a narrow array of laws applicable to the political process. These laws fall under several broad categories: campaign finance, lobbying and gifts, and election and redistricting. The campaign finance laws include the limits on contributions, the ban on foreign contributions, the rules governing public financing, and the reporting requirements at both the federal and state levels. The lobbying laws include the various restrictions on lobbying, such as the registration requirements, the reporting requirements, the ban on lobbying during certain periods, as well as pre and post-employment restrictions . The gifts laws include the gift rules for federal and state candidates and office holders, such as the limits on gifts to candidates, officials and staff members, as well as the limitations on gifts to others, such as the limits established for lobbyist. Finally, the election regulations include details on how to properly formulate an effective and legally sound strategy for running for office, including the establishing of relationships with national, state and local party officials, the establishment of a candidate fundraising committee for raising campaign funds, the structuring of a campaign staff, registration as a PAC, hiring of professional consultants, and structuring a post-election strategy should you fail to win. The redistricting laws mostly concern laws that apply at the state level, such as the rules on drawing district lines and protecting minority voting rights.
Primary Services Offered
While the specific services offered by political law firms may vary, most provide a fundamental set of services that help organizations and individuals navigate the complex world of political finance laws. Among these are campaign finance compliance services, which ensure that campaigns and organizations adhere to the applicable laws and regulations regarding the receipt and expenditure of funds raised in support of political candidates and causes. In addition to ensuring that all contributions and expenditures are properly reported, these firms assist with the drafting of financial disclosure documents and, where applicable, the filing of lobbying reports.
Furthermore, political law firms provide their clients with advice on lobbying regulations, ensuring compliance with requirements governing communication with government officials and public office holders. This includes registration with appropriate regulatory bodies, reporting requirements, and limitations on lobbyist activities.
In addition to traditional campaign finance and lobbying assistance, many political law firms offer advice on the creation and maintenance of political organizations. This includes counsel with regard to the formation of Political Action Committees (PACs), nonprofits, and other organizations that aid with or support particular political issues. Ideally, this advice can help maximize an organization’s impact while still remaining in compliance with all legal requirements.
Lastly, political law firms provide counsel and representation on matters of election law, including challenges to election results. Whether it be understanding one’s rights as a candidate or navigating the intricacies of an election contest, there is a wealth of experience among political law firms, providing practical advice and solutions to a wide array of concerns.
Role in Political Campaigns
Firm influence can be as simple as a standard agreement to be available in case a client wanders into uncharted legal territory, or it can go as far as being on call 24/7 should a critical legal problem arise. Often, however, it becomes something more. With the client’s prior consent, the firm becomes such an integral part of the campaign, its lawyers sit in on important meetings and act as a critical voting member of the team. While this may sound extreme, this is not unusual and is often the most logical course of action. If you are retained ahead of time, it can cost the client less than picking up the pieces of a half-finished operation. In the present environment, retaining a political lawyer when the campaign is already underway may be too late for anything other than damage control, but nonetheless that is a common scenario. This retainer also arguably raises ethical issues that are presumably covered by obtaining informed consent.
All of the foregoing, however, assumes the availability of a budget. In the current political environment, many if not most campaigns and interest groups are short on cash. Thus cost-effective solutions that meet legal requirements now abound.
One novel way of balancing budget issues with the need for legal compliance involves a program offering access to all the lawyers in a firm for a single flat fee paid in advance of any work. This arrangement benefits all sides. The firm receives immediate cash flow and can more readily manage its workload in response to demand, while the client benefits from the certainty of the cost. The firm is able to maintain its commitment to timely quality work while the client gets immediate access to effective counsel.
Leading Political Firms in the United States
There are several firms in the United States that are well-known for their work in the area of political law. While some political law firms are general practice law firms that have a political or campaign finance law practice group, others operate primarily in this space. Many of the top political law firms in the country are listed below, and are ordered according to alphabetical order. Unless otherwise noted, all of the firms listed below have EU Headquarters and Anti-Bribery and Corruption practice teams.
Akin Gump – In Washington, the firm has earned a reputation for skillful guidance in dealings with Congress, and on compliance issues for clients in the healthcare, tax, litigation and other sectors. It’s particularly well known for its work in government contracts. Among its many notable representations were the State of Louisiana in a $300 Billion lawsuit over Hurricane Katrina damages, and representing the state of Alaska in a dispute with the federal government over oil drilling and royalties.
BakerHostetler – Has helped formulate and provide legal assistance in the development of the Federal Election Commission’s rules governing coordinated spending. In addition, it has extensive experience with "dark money" entities.
Caplin & Drysdale – An important player in the area of political law. In 1999, it served as counsel to the Democratic Party, the Democratic National Committee, and the Democratic Senatorial Campaign Committee in connection with the most comprehensive investigation ever undertaken by the U.S. Senate into whether campaign contributions had been improperly accepted from foreign sources. This representation led to one of the most important Supreme Court cases interpreting the FEC rules.
Covington & Burling LLP – In October 2008, the firm represented Senator Barack Obama and the presidential funds in two cases involving allegations that Senator Obama had violated the Federal Election Commission’s strictures on fundraising. Further, it has represented numerous members of Congress on questions of legislative and ethics matters. In addition, the firm’s lawyers have served in key positions at the Securities and Exchange Commission and the Federal Trade Commission. Its Anti-Bribery and Corruption group is comprised of lawyers who have broad experience with all types of criminal and civil matters arising from international bribery and corruption laws.
Holland & Knight – Has a number of political law attorneys who represented former Federal Election Commission Chair Michael E. Toner.
Hugh B. Kaplan Attorney at Law – Based in Washington, D.C., with a distinct focus on ethics, lobbying and election law. Has represented candidates and organizations on issues such as: recordkeeping requirements; appearance of impropriety; prohibitions against misuse of government office; personal use of campaign funds; conflicts of interest and outside employment; and acceptance of gifts.
Kim & Chang – Has represented clients in several actions in which the U.S. Department of Justice and the FEC investigated potential violations of the Foreign Corrupt Practices Act and campaign finance and election laws. Further, its practice doubles as its Foreign Investment and Foreign/International Trade practices group , which is part of the firm’s Global Economic Team.
Kirkland & Ellis – Guides clients through the legislative process in front of the House of Representatives, Senate, Federal Highway Administration and other regulators. Widely known for its work in the health care, life sciences, and private equity industries. Among others, has represented FTI Consulting Inc., leading a successful voter initiative in California for an increase in the state tobacco tax in November 2016 to fund cancer research.
Latham & Watkins – Advocates for clients before Congress and executive agencies. Has represented the National Association of Manufacturers, the National Association of Wholesaler-Distributors and others in a case in which the FEC attempted to regulate corporate political action committees. Further, it advised numerous Fortune 100 corporations, advocacy groups, and individual candidates in federal legislative initiatives to ensure that the policy goals of the clients are achieved.
Morrison Foerster – Among other areas, represents federal clients and political candidates before the FEC, including representations of Chairwoman Carolyn Maloney and Congressman Ro Khanna. Has also assisted numerous organizations and candidates in obtaining and ensuring compliance with advisory opinions from the agency. Further, the firm counsels various clients on the various aspects of campaign finance law, including PACs, state law requirements, public law restrictions, reporting requirements, and federal and state lobbying disclosure.
Patton Boggs (now part of Squire Patton Boggs) – Assisted with the creation of the Bipartisan Legal Advocacy Group, an organization designed to promote greater transparency with regard to business and public policy issues in Washington D.C. including campaign finance laws. Further, it advises candidates and clients about various legal issues in relation to the FEC, and it has extensive experience in litigation before the courts and the agency.
Perkins Coie – Helps clients navigate the "complex and evolving federal, state, and local laws regulating these areas." In addition, the firm represents clients in lobbying development and regulation; referrals; official misconduct; congressional integrity; client referrals; lobbyist disclosure; gift ban laws; travel and entertainment; pay-to-play; influence peddling rules and laws, and reporting requirements.
Skadden Arps Slate Meagher & Flom – Is nationally recognized for its practice in the areas of public. It advises and counsels clients on both federal and state compliance matters, contributions, and the lobbying process. Additionally, the firm also provides counsel for individual candidates, groups, and committees in federal and state committees.
WilmerHale – Provides legal opinion and guidance regarding the complex regulations of the FEC, both on the federal and state level. Further, represents clients on various issues in investigations and enforcement actions, in matters related to the enforcement of the prohibition on foreign nationals participating in financing. In addition, the firm advises and counsels corporations at the intersection of their business and politics.
Regulatory Compliance and Strategic Challenges
Over the past several years, heightened pressure from the Federal Election Commission (FEC) has resulted in increased enforcement of the complex rules governing political activity. Political attorneys are on the front lines of government oversight and compliance for their clients. This increased scrutiny and enforcement activity exposes clients to significant liability if they fail to comply with these regulations. As result, political lawyers must be experts in the current regulations governing campaign finance, lobbying, and government ethics laws and be familiar with the surrounding state law where their clients conduct business.
Political activity represents one of the most highly regulated areas of due diligence in the United States. Political lawyers represent a wide variety of clients, from Fortune 500 companies concerned about the impact of particular policies currently under consideration by Congress and the current administration to advocacy groups working to promote change in an issue area such as health care, environmental protection, or education reform. Political lawyers are intimately involved in the formation and operation of the numerous regulated entities that advocate both in support and opposition to proposed legislation. They also advise clients on compliance related to state lobbying laws that apply to executive and judicial branch lobbying activities and advise on compliance with state and federal government ethics laws that govern the actions of state, local, and federal public officials and candidates.
Selecting an Appropriate Political Law Firm
Several factors are important in the selection process. Political lawyers with substantial experience understand the legal implications of each of these areas and how relevant rules apply to individual circumstances. A political lawyer’s prior practice experience may be invaluable. Political lawyers who have worked at the Federal Election Commission, state election offices, or U.S. House or Senate ethics offices bring a different perspective and expertise to the representation, having worked on the other side of the desk.
Political lawyers have extensive networks that allow them to assist clients more efficiently than others. Campaign committees and non-profit advocacy groups need lawyers, accountants, pollsters, vendors and other companies that are experienced and trustworthy. Those relationships are built and maintained over time .
Political lawyers also may have deep familiarity with the rules that are unique to their specific client base. For example, because much of its practice is on behalf of contributions-limited organizations, Covington has deep bench strength on FEC matters impacting federal campaign committees. Because much of its practice focuses on government contracts and foreign influence issues, Wiley brings a unique expertise in Foreign Agents Registration Act (FARA) and Lobbying Disclosure Act (LDA) compliance matters. Because the Center for Political Accountability is a practice group at Shipman & Goodman, those political lawyers are uniquely positioned to provide advice to corporations on political spending and lobbying policies. The large full-service firms, such as Holland & Hart, Wiley and Wilkinson, additionally have the ability to assist clients on complementary reporting and compliance matters that are not political law specific.