Donald Trump’s jury trial rights under Apprendi v. United States, 530 U.S. 466 (2000), were almost certainly violated, but whether he will get relief on such grounds is a different story. In Apprendi, the Supreme Court held...more
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
Today, the Committee on House Administration of the U.S. House approved a series of election-related bills which will advance to the floor of the U.S. House. Among the provisions approved is a provision prohibiting “direct or...more
On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to clarify that existing...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
The en banc U.S. Court of Appeals for the District of Columbia Circuit recently issued its long-anticipated decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC)...more
On June 16, 2022, a bipartisan group of lawmakers in the U.S. House of Representatives introduced the Fighting Foreign Influence Act, which would impose a range of new disclosure requirements and limitations on think tanks,...more
As Alaska’s special election to replace U.S. Congressman Don Young heats up, it is important to remember there are election law restrictions and requirements that apply to Alaska Native Corporations. For example, there are...more
On January 26, Minnesota Federal District Court Judge John Tunheim dismissed a pending action for declaratory relief brought by WinRed, Inc., seeking to enjoin an ongoing consumer protection investigation brought by the...more
Four Democratic state attorneys general are investigating the online fundraising practices of WinRed, a Republican-affiliated political action committee (PAC), and ActBlue, a Democratic-affiliated PAC. WinRed recently punched...more
Under the Federal Election Campaign Act, any candidate that incurs personal loans in connection with their election campaign may only use up to $250,000 of campaign contributions to repay those loans after the election. On...more
A federal judge in California last month sentenced Imaad Zuberi, a California businessman, to five years for violating the Federal Election Campaign Act (FECA) and five years for violating the Foreign Agents Registration Act...more
Historic spending on the 2020 election is driving aggressive DOJ prosecution of criminal campaign finance violations. The DOJ is increasing its efforts to prosecute businesses and executives for criminal violations of the...more
Effective January 1, 2020, the earnings threshold for an employee to qualify as an exempt executive, administrative or professional employee under the Fair Labor Standards Act (FLSA) is rising to $684 per week (or $35,568 per...more
Is your political compliance program ready for the 2020 election season? With the 2020 election season underway, now is a good time to make certain your internal policies and procedures address applicable campaign...more
On June 25, the Preventing Adversaries Internationally from Disbursing Advertising Dollars Act (the bill) was introduced in the U.S. Senate. The bill proposes expansions of existing prohibitions on political activities of...more
On June 18, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (the court) dismissed a challenge to Financial Industry Regulatory Authority (FINRA) pay-to-play Rule 2030 (the rule) brought by the New York...more