Melissa Miles

Melissa Miles

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"President Trump Issues Executive Order Requiring Ethics Pledge"

On January 28, 2017, President Donald Trump signed an executive order titled “Ethics Commitments by Executive Branch Appointees” (the Order). This Order requires every full-time political appointee to sign an Ethics Pledge...more

2/7/2017 - Barack Obama Conflicts of Interest Ethics Executive Appointments Executive Branch Executive Orders Former Employee Gifts Lobbying Presidential Nominations Trump Administration

CFTC Issues Interpretation on Federal Transition and Inaugural Contributions

On December 23, 2016, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued a staff interpretation saying that, in its view, contributions by swap dealers and their...more

1/11/2017 - CFTC DSIO Inaugrations Mike Pence Pay-To-Play Political Contributions Public Officials State and Local Government Transition Team Trump Administration

"Developments: Applying Federal Pay-to-Play Rules to Trump/Pence Inaugural and Transition Committees"

For financial institutions subject to federal pay-to-play rules (SEC Rule 206(4)-5 for investment advisers, MSRB Rule G-37 for municipal bond underwriters and municipal advisors, and CFTC Rule 23.451 for swap dealers),...more

12/21/2016 - CFTC Governor Pence Inauguration Committees Mike Pence MSRB Pay-To-Play Political Contributions Rule G-37 SEC Trump Administration

"Trump Transition Announces Ban on Lobbyists and Post-Employment Restriction on Lobbying"

On November 16, 2016, a spokesman for President-elect Donald Trump announced on a conference call that Trump’s transition team is imposing certain restrictions on lobbyists who are appointed to the team. (The spokesman said...more

11/21/2016 - Lobbyists Restrictive Covenants Transition Team Trump Administration

"Reminder: Maryland Pay-to-Play Report Due November 30"

We wish to remind you that companies with one or more Maryland state or local government contracts worth at least $200,000 are required to file semiannual pay-to-play reports with the Maryland State Board of Elections by May...more

11/21/2016 - Filing Deadlines Pay-To-Play Reporting Requirements State and Local Government State Board of Elections State Contractors

"Post-Election Issues"

Now that the 2016 elections are over, we must contend with special legal issues that arise from contributions made to, and expenses incurred for, federal, state or local inaugural or transition committees, as well as recounts...more

11/14/2016 - CFTC Corporate Executives Disclosure Requirements Financial Institutions Inauguration Committees Lobbying MSRB PACs Pay-To-Play Political Contributions Public Employees Recount Committees SEC Special Election State and Local Government

"FINRA Pay-to-Play Rule Effective August 20, 2017"

On October 24, 2016, the Financial Industry Regulatory Authority (FINRA) announced in Regulatory Notice 16-40 that its pay-to-play and related recordkeeping rules, FINRA Rules 2030 and 4580, will take effect on August 20,...more

10/28/2016 - FINRA Investment Adviser MSRB New Regulations Pay-To-Play Recordkeeping Requirements Rule G-37 SEC

New York Passes Ethics Package Impacting Lobbying and Disclosure

On Wednesday, August 24, 2016, New York Gov. Andrew Cuomo signed into law an ethics package (the Bill) including campaign finance, lobbying and disclosure amendments. Below, we briefly summarize key provisions that (i) expand...more

9/8/2016 - Campaign Contributions Disclosure Requirements Ethics Independent Expenditures Lobbying New Legislation PACs Political Campaigns Political Candidates Reporting Requirements

FINRA Seeks Comments on Proposed Gift Rule Changes

The Financial Industry Regulatory Authority (FINRA) has filed a regulatory notice seeking comment on proposed changes to its gift, business entertainment and noncash compensation rules for broker-dealers. Comments must be...more

8/30/2016 - Broker-Dealer FINRA Meals-Gifts-and Entertainment Rules Non-Cash Compensation Proposed Amendments Public Comment Recordkeeping Requirements

SEC Approves FINRA Pay-to-Play Rule

This week, on Thursday, August 25, 2016, the SEC approved FINRA Proposed Rules 2030 and 4580 (the Proposed Rules) as they had been proposed by FINRA. The Proposed Rules would impose pay-to-play restrictions and recordkeeping...more

8/29/2016 - Broker-Dealer FINRA Fund Managers Investment Adviser Pay-To-Play Political Contributions Proposed Regulation Recordkeeping Requirements SEC

"California Treasurer Announces New Pay-to-Play Policy for Municipal Bond Underwriters"

California State Treasurer John Chiang has adopted a new pay-to-play policy for firms participating in the state’s underwriter pool. By August 31, 2016, firms will need to certify that they will abide by the policy, or risk...more

8/5/2016 - Ballot Measures Donors Municipal Bonds Pay-To-Play Political Contributions State Treasurers Underwriting

"Contributions to Trump/Pence Campaign Are Subject to Pay-to-Play Rules"

On July 15, 2016, Donald Trump announced that he selected Indiana Gov. Mike Pence as his vice presidential running mate. Contributions to the Trump/Pence campaign are now subject to prohibitions and restrictions under the...more

7/20/2016 - Broker-Dealer Investment Adviser Municipal Advisers Pay-To-Play Political Contributions Presidential Elections Rule G-37 Trump Administration

"Supreme Court Vacates Corruption Conviction of Former Virginia Governor"

On June 27, 2016, the United States Supreme Court unanimously vacated the conviction of former Virginia Gov. Bob McDonnell on corruption charges and remanded the case for retrial. As discussed below, the impact of the...more

7/13/2016 - Criminal Prosecution Due Process Governor McDonnell Honest Services Fraud McDonnell v US Official Act Political Contributions Public Officials SCOTUS Vacated

"Watchdog Group Promises to Inspect Convention Events for Compliance"

According to news reports, the watchdog group Public Citizen will reprise its “bird-dogging” campaign to shed light on whether events held during the 2016 presidential nominating conventions violate applicable laws. As it has...more

7/12/2016 - Campaign Finance Reform Consumer Watchdog Pay-To-Play Political Conventions Presidential Elections Public Citizen

"FINRA Extends Deadline for SEC to Act on Proposed FINRA Pay-to-Play Rule"

On June 21, 2016, the Financial Industry Regulatory Authority extended the time for the Securities and Exchange Commission (SEC) to act on Proposed Rules 2030 and 4580 (the Proposed Rules) to August 26, 2016. The Proposed...more

7/1/2016 - Broker-Dealer Filing Deadlines FINRA Investment Adviser Pay-To-Play Proposed Rules Recordkeeping Requirements SEC Securities Exchange Act Time Extensions

"Maryland Again Proposes Regulations Regarding Its Pay-to-Play"

The Maryland State Board of Elections recently proposed new regulations regarding its pay-to-play reporting law. The public comment period closes on May 30, 2016. Below is a summary of the key provisions contained in the...more

5/10/2016 - Corporate Executives Filing Requirements Notice Requirements Pay-To-Play Political Contributions State Board of Elections State Contractors Subsidiaries

"Maryland Amends Pay-to-Play Disclosure Law"

On April 26, 2016, Maryland Gov. Larry Hogan signed a bill amending the state’s pay-to-play disclosure law. The law currently requires that a filer include on its reports contributions made by or attributed to the filer...more

5/5/2016 - Board of Elections Disclosure Requirements Pay-To-Play Political Contributions Reporting Requirements State Contractors Subsidiaries

"SEC Extends Comment Period on Proposed FINRA Pay-to-Play Rule "

On March 29, 2016, the Securities and Exchange Commission (SEC) filed an order instituting proceedings (the Order) intended to determine whether to approve or disapprove Financial Industry Regulatory Authority (FINRA)...more

4/18/2016 - Broker-Dealer Comment Period FINRA Investment Adviser Pay-To-Play Proposed Regulation Recordkeeping Requirements SEC Securities Exchange Act

"Reminder: New Jersey Pay-to-Play Form BE Due on March 30, 2016"

This memorandum is to remind you that the annual filing for state and local contractors required under New Jersey Chapter 271 (Form BE) is due March 30, 2016. In particular, as we have described in previous mailings, this...more

3/8/2016 - Annual Filings Disclosure Requirements Pay-To-Play Political Contributions State and Local Government State Contractors

"MSRB Amendments to Pay-to-Play Rule Will Take Effect in August 2016"

On February 17, 2016, the Municipal Securities Rulemaking Board (MSRB) announced in Regulatory Notice 2016-06 that its draft amendments to Rule G-37 on political contributions, and related amendments to Rules G-8 and G-9 on...more

2/24/2016 - FINRA MSRB New Amendments Pay-To-Play Political Contributions Rule G-37 Rule G-8 Rule G-9 SEC

"New York JCOPE Issues Lobbying and Political Contributions Opinions"

On January 26, 2016, the New York Joint Commission on Public Ethics (JCOPE) approved two controversial advisory opinions. The first opinion clarified the scope of the state’s lobby law. Although most of the media coverage on...more

2/16/2016 - Amnesty Lobbying Lobbyists Political Contributions

"Wisconsin Raises Contribution Limits, Eases Federal PAC Requirements"

On December 16, 2015, Wisconsin Gov. Scott Walker signed 2015 Wisconsin Act 117, which became effective January 1, 2016 (the Act). Among other changes, the Act eases the registration requirements for federal political action...more

2/3/2016 - New Legislation PACs Political Candidates Political Contributions Registration Requirement

"FEC Dismisses Wal-Mart PAC Match Case"

The Federal Election Commission (FEC) recently dismissed a complaint filed against Wal-Mart Stores, Inc. and its political action committee (PAC), finding that Wal-Mart's 2-for-1 PAC match program did not violate federal...more

2/3/2016 - 501(c)(3) Charitable Donations Election Laws Federal Election Commission (FEC) PACs Political Contributions Wal-Mart

"Political Contribution Disclosure Rules in Maryland, New Jersey, Pennsylvania and Rhode Island"

The following describes the reporting requirements under Maryland, New Jersey, Pennsylvania and Rhode Island laws for certain corporate entities to file reports regarding their business relationships with these states, as...more

1/26/2016 - Corporate Entities Disclosure Requirements PACs Pay-To-Play Political Contributions Reporting Requirements

"FINRA Submits Pay-to-Play Rule 2030 to SEC for Approval"

On December 16, 2015, the Financial Industry Regulatory Authority (FINRA) submitted Rules 2030 and 4580 (the Draft Rules) to the Securities and Exchange Commission (SEC) for approval. The Draft Rules set forth pay-to-play...more

1/8/2016 - Broker-Dealer Disclosure Requirements FINRA Investment Adviser Investment Companies Pay-To-Play Political Contributions Recordkeeping Requirements SEC

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