FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee -
In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of...more
9/30/2024
/ 501(c)(3) ,
Advisory Opinions ,
Artificial Intelligence ,
Campaign Contributions ,
Campaign Spending Limits ,
Compliance ,
Deep Fake ,
False Statements ,
Federal Election Commission (FEC) ,
Forgery ,
Fundraisers ,
IRS ,
Misrepresentation ,
Nonprofits ,
PACs ,
Political Advertising ,
Religious Institutions ,
Rulemaking Process ,
SCOTUS
Eighth Circuit Invalidates Missouri's Two-Year Lobbying Ban for Former Legislators and Staffers -
The Eighth Circuit Court of Appeals invalidated a Missouri state constitutional amendment that imposed a two-year lobbying...more
8/28/2024
/ Administrative Proceedings ,
Artificial Intelligence ,
Cease and Desist Orders ,
Compliance ,
Constitutional Amendment ,
Ethics ,
Executive Orders ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fines ,
Free Speech ,
FTC Act ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Lobbying ,
New Regulations ,
NLRB ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Pay-To-Play ,
Preliminary Injunctions ,
Presidential Elections ,
Securities and Exchange Commission (SEC) ,
State Bans ,
Texas ,
UAW ,
Unfair Labor Practices ,
Voting Rights
By: Oliver Roberts and Jason Torchinsky On Thursday July 25, 2024, the Federal Communications Commission (FCC) announced that it will “move forward with a proposal to implement new AI transparency requirements.” The FCC’s...more
Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more
8/2/2024
/ Absentee Voting ,
Administrative Procedure Act ,
Advisory Opinions ,
Artificial Intelligence ,
Beneficial Owner ,
Chevron Deference ,
Chevron v NRDC ,
Compliance ,
Disclosure Requirements ,
FCC ,
Federal Election Commission (FEC) ,
FinCEN ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Misappropriation ,
Non-Compete Agreements ,
PACs ,
Political Contributions ,
Preliminary Injunctions ,
Proposed Rules ,
Public Disclosure ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Summary Judgment
In this month's In Compliance Round-Up, we cover the following topics:
Supreme Court Holds Federal Anti-Corruption Law Prohibits State and Local Officials from Accepting Bribes, But Not Gratuities -
Ethics Guidance Issued...more
7/2/2024
/ Anti-Corruption ,
Artificial Intelligence ,
Bribery ,
Compliance ,
Disclosure Requirements ,
Electronic Voting Machines ,
Ethics ,
FCC ,
Federal Election Commission (FEC) ,
Global Code of Ethics ,
Influencers ,
Louisiana ,
New Guidance ,
New Rules ,
Political Advertising ,
Presidential Nominations ,
SCOTUS ,
Texas ,
Vermont
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve an advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds,...more
5/30/2024
/ Advisory Opinions ,
Artificial Intelligence ,
Campaign Finance Reform ,
Compliance ,
Deceptive Intent ,
Deep Fake ,
FCC ,
Federal Election Commission (FEC) ,
Political Advertising ,
Political Candidates ,
Political Contributions ,
Public Disclosure ,
Transparency
On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more
4/30/2024
/ Arizona ,
Campaign Finance Reform ,
Campaign Funds ,
Compliance ,
Corporate Executives ,
Criminal Penalties ,
Employment Contract ,
Enforcement ,
Ethics ,
False Statements ,
Federal Bans ,
Federal Election Campaign Act ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Felonies ,
Final Rules ,
Foreign Agents ,
GAO ,
Lobbying ,
Lobbying Disclosure Act ,
New Legislation ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Personal Use ,
Restrictive Covenants ,
Sarbanes-Oxley
On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more
3/15/2024
/ Appeals ,
Appellate Courts ,
Disclaimers ,
First Amendment ,
Government Officials ,
Lindke v Freed ,
O’Connor-Ratcliff v Garnier ,
Online Commentary ,
Personal Use ,
Remand ,
Right to Delete ,
Risk Management ,
SCOTUS ,
Social Media ,
State Action Doctrine
The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more
3/1/2024
/ Advertising ,
Artificial Intelligence ,
Compliance ,
Declaratory Rulings ,
Deep Fake ,
Democratic National Committee ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Infectious Diseases ,
New Legislation ,
Notice of Inquiry ,
Political Campaigns ,
Political Contributions ,
Presidential Nominations ,
Recount Committees ,
Robocalling ,
Rulemaking Process ,
Social Media ,
TCPA ,
Telemarketing ,
Transparency ,
Voting Rights ,
Wisconsin
On Monday, the United States Court of Appeals for the Eighth Circuit held that Section 2 of the Voting Rights Act lacks a private right of action. The court affirmed an Arkansas federal district court’s holding that only the...more
Meta, the parent company of Facebook and Instagram, announced that it will now require advertisers to disclose “social issue, election, or political” advertisements that have been “digitally created or altered, including...more
By: Jason Torchinsky, Ed Wenger, Jan Baran, Jonathan P. Lienhard, Kent Safriet, and David Brown The Supreme Court wrapped up its decisions from the October 2022 Term, with a blockbuster final week addressing issues like...more
7/11/2023
/ 303 Creative LLC v Elenis ,
Affirmative Action ,
Amicus Briefs ,
Civil Rights Act ,
Diversity ,
Educational Institutions ,
Equal Protection ,
First Amendment ,
Redistricting ,
Religious Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Voting Rights
You may have heard that the Supreme Court recently released its decision in Moore v. Harper, a case about the role state courts can take in reviewing election laws enacted by a state’s legislature. What you probably haven’t...more
Artificial intelligence (AI) technologies are in the news as they rapidly become more widespread, and political campaigns are no less impacted by this trend. As we noted earlier this month, the American Association of...more
Recent technological advancements in artificial intelligence (AI) have allowed for the creation of “deep fake” or “generative AI” content that has already been used in several political ads, most notably of both Joe Biden and...more
Donald Trump and his allies have insisted that he can and should run as a third-party candidate in the general election if he fails to win the Republican nomination. The authors, practicing lawyers specializing in political...more
3/7/2023
/ Appeals ,
Donald Trump ,
Election Laws ,
Electoral College ,
Enforcement ,
Federal Election Commission (FEC) ,
General Elections ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Primary Elections ,
SCOTUS
The lead up to the 2022 election cycle was a very active two years, coming off of a very divisive 2020 election which included pandemic-related election changes and election deniers. Our guests, Jessica Furst Johnson and...more