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| Phone: (202) 342-8648 |
Fax: (202) 342-8451 |
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David Frulla is a partner in firm's Washington, D.C. office. He focuses his practice in the areas of campaign finance and political law, government relations and public policy, litigation and environmental law.
Mr. Frulla counsels a wide range of entities such as corporations, lobbying firms, trade associations and labor organizations regarding federal and state campaign finance; lobbying registration, reporting and activity; foreign agent registration and reporting; and other political law issues. He also has counseled public officials, federal candidates, independent political committees, private citizens, Native American tribes and state party officials regarding these issues. He has initiated federal and state campaign finance and lobbying reporting services and has assisted in procuring communications support for political committees' fundraising and mobilization efforts.
Mr. Frulla also has significant experience defending individuals, labor organizations and corporations in criminal, administrative, and legislative investigations and enforcement proceedings in matters involving white-collar crime, environmental regulation, healthcare consumer protection, alleged fraud and abuse, and campaign finance and public integrity issues.
In addition, Mr. Frulla maintains an advocacy-focused practice that seeks to develop and implement regulatory approaches to lessen governmental burdens on businesses and other regulated entities. Employing Kelley Drye's multi-disciplinary approach, Mr. Frulla seeks creative, often science-based, solutions that involve the judicial, legislative and executive branches at the federal and state levels. His experience includes legislative and regulatory counseling and advocacy before the Executive Branch, members and staff of the U.S. Congress, and various administrative agencies and interstate compact commissions.
Mr. Frulla has written various op-ed pieces relating to practice specialties in natural resource law. |
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Representative Experience:
In his practice, Mr. Frulla discerns and implements creative approaches to difficult issues. His experience includes:
- Organizing, counseling, and representing a wide range of trade associations and other tax-exempt organizations.
- Counseling a range of federal and non-federal political committees, often with millions of dollars in activity and operating in multiple federal and state jurisdictions, on campaign finance and related tax issues.
- Defending public officials, candidates, and political donors in federal and state criminal and administrative agency enforcement proceedings, including at trial.
- Prevailing in federal appellate cases involving the U.S. Constitution's supremacy clause, legislative and executive separation of powers in the criminal context involving a charge against a Member of Congress involving the "House Bank," and the on-going legal effect of appropriations "riders."
- Providing advice and counsel to organizations governed by interstate compacts.
- Identifying and employing the Regulatory Flexibility Act as a weapon for small businesses to challenge, and obtain substantive relief as to, burdensome federal regulations. In March 2005, he achieved judicial invalidation of a Federal Communications Commission rule regarding telephone number porting. Additionally, his settlement of a lawsuit for Atlantic shark fishermen resulted in an independent scientific review, repudiation, and reconsideration of conservation measures, following special master proceedings into the agency’s good faith in complying with this law and a court order.
- Assisting government contractors and their employees to respond to Justice Department and contracting agency investigations, as well as False Claims Act actions brought by private qui tam plaintiffs.
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Honors and Awards:
Selected as one of The Best Lawyers in America in the Government Relations Law area by America Lawyer Media, 2010.
Noted as one of the leaders of the firm's Campaign Finance & Political Law practice group in Chambers USA, 2008.
Listed among "The Lawdragon 500: Leading Lawyers in America." |
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Memberships and Associations:
American Bar Association, Administrative Law and Regulatory Practice Section, Criminal Process Committee, Chair |
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Professional Activities:
Registered lobbyist |
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Publications:
“An Alternative to Precaution,” National Fisherman, January 2010, with Shaun M. Gehan
“OIRA and Taking on Regulatory Reform in the Obama Administration,” Bloomberg Law Reports: Administrative Law, November 23, 2009
“Regulating Climate in a Climate of Regulation,” Environmental Law360, November 19, 2009, with Wayne D'Angelo and Shaun M. Gehan
“Change We're Not So Sure About,” National Fisherman, November 2, 2009, with Shaun M. Gehan
“Pharmaceutical Manufacturing Federal and State Gift and Lobbying Restrictions: Confluence of Laws and Conflict of Standards,” BNA’s Pharmaceutical Law and Industry Report, October 10, 2009, with Julie R. Vasady-Kovacs
“Got Organization?” National Fisherman, October 2009, with Shaun Gehan
“A New ‘Golden Era’ of Public Service? The Obama Administration Takes Early Steps to Vest Federal Civil Servants with Increasing Responsibility and Authority,” Bloomberg Law Reports: Administrative Law, September 22, 2009
"Researching Some Fundamental Problems,"National Fisherman, August 2009
"Crying Wolffish,"National Fisherman, June 2009
"Legal Crosswalk: Endangered Species, GHGs," Environmental Law 360 , March 2009, with Shaun Gehan
"Obama's Opportunity: A Collaborative Approach," National Fisherman, March 2009, with Shaun Gehan
"Fishing is the Law of the Land," National Fisherman, January 2009, with Shaun Gehan
“Forage for Thought,” National Fisherman, December 2008, with Shaun Gehan
“Fishing for Optimum Health,” National Fisherman, October 2008, with Andrew Minkiewicz
“NMFS’ Precautionary Overdose,” National Fisherman, September 2008, with Shaun Gehan
“Vessel Safety Requires Deft Congressional Touch,” National Fisherman, July 2008, with Shaun Gehan
“Trading Globally, Losing Locally,” National Fisherman, June 2008
"Executive and Congressional Gift and Ethics Rules," Political Activity, Lobbying Laws, and Gift Rules Guide, 3d. ed., West Legalworks, February 2008, with Corey A. Rubin
"So, You Want To Help? Compliance Considerations for Corporate Political Fundraising" Metropolitan Corporate Counsel, February 2008, with Robert R. Cohen
"Is It 'The End of Life in Washington As We Know It?'– Strategies for Complying with the Honest Leadership and Open Government Act of 2007," Metropolitan Corporate Counsel, January 2008, with Robert R. Cohen
"An Executive’s Guide To Responding To Third-Party Subpoenas," Association Executive, January/February 2008
"Financial Institution Compliance with Government Ethics Laws," Community Banker, March 2007, with Corey A. Rubin
"The Scanlon Plea: Does It Change The Rules?," Roll Call, December 6, 2005, with Corey A. Rubin
"Before Passing CFR, Consider Its Impact on Parties," Roll Call, March 1, 2001
"Bedeviled, Bothered, and Bound by Rules," Legal Times, January 9, 1996
"Qui Tam Litigation Under the False Claims Act," co-author, book length monograph, ABA 1994
"Who's Up First: The Clark Clifford Prosecutions and the Limits of Federal Authority to Maintain Criminal Actions in the Face of Competing State Prosecutions," White Collar Crime Reporter, November/December 1992
"State Criminal Liability in the Boardroom," White Collar Crime Reporter, June 1992
"Soft Money: The Outlook for Reform," U.Va. Journal of Law and Politics, Vol. III, No. 4, Spring 1987, various op-ed pieces relating to practice specialties in natural resource law |
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Client Advisories:
""Don't Un-PAC Yet"," January 25, 2010.
"Physician Payment Sunshine Act," December 14, 2009.
"White House Clarifies Recovery Act Lobbying Rules," July 27, 2009.
"SEC to Ban So Called "Pay to Play" Activities," July 24, 2009.
"New Joint Congressional Guidance Applies to Upcoming July 2009 Lobbying Disclosures," July 07, 2009.
"New Gift and Entertainment Disclosure Rules to Affect Pharmaceutical and Healthcare Companies," June 18, 2009.
"Reminder: FEC Issues New Bundling Disclosure Rules," March 23, 2009.
"White House Seeks Public Comment on Potential New Executive Order that Could Significantly Change Office of Management and Budget Regulatory Review Processes," March 06, 2009.
"FEC Issues New Bundling Disclosure Rules," February 19, 2009.
"KDW's Government Relations Practice Releases an "Overview of the Obama Administration and the 111th Congress"," January 15, 2009.
"New Illinois Pay-to-Play Laws," November 19, 2008.
"Kelley Drye's Government Relations Practice Releases "2008 Election Overview"," November 07, 2008.
"GAO Releases Report On Federal Lobbying Disclosure Compliance," October 02, 2008.
"Federal Election Commission Holds Public Hearing on Bundling," September 18, 2008.
"National Marine Fisheries Service's New Environmental Assessment Guidelines," July 30, 2008.
"Congress Releases Updated Guidance Regarding Semi-Annual Reporting of Certain Contributions," July 17, 2008.
"Congress Releases New Lobbyist Contribution Reporting Service," July 01, 2008.
"Update on the Honest Leadership and Open Government Act of 2007: Frequently Asked Questions," May 30, 2008.
"Senate and House National Party Convention Guidance," February 29, 2008.
"Joint Guidance Issued for Compliance with the Lobbying Disclosure Act, As Amended by the Honest Leadership & Open Government Act of 2007," December 18, 2007.
"Congress Passes Ethics and Lobbying Reform Bill," August 27, 2007.
"Senate Passes Ethics and Lobbying Reform Bill," February 01, 2007.
"House Passes Sweeping Ethics and Lobbying Rule Changes," January 10, 2007.
"House Passes Lobbying Accountability and Transparency Act of 2006," May 22, 2006.
"Lobbying and Campaign Finance Reform," April 13, 2006.
"Lobbying and Ethics Reform," January 25, 2006.
"Trade Association PAC Fundraising and Congressional Gift and Travel Rules," June 15, 2005.
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Speaking Engagements:
“New Rules and Opportunities for Companies Funding Political Messages after Supreme Court Ruling,” Thomspon Interactive Audio Briefing, March 18, 2010
“Lobbying Compliance Worries?”, Governing Live: Outlook in the States and Localities 2009, Washington, D.C., February 4, 2009
“Strategies for Complying with the Honest Leadership and Open Government Act of 2007,” Kelley Drye seminar, Washington, D.C., April 3, 2008
“Political Activity, Lobbying Laws and Gift Rules: Developments for 2008,” West Legalworks webinar, March 31, 2008
“Playing By the Rules: Understanding the New Ethics and Lobbying Reforms,” National Association of Manufacturers, Washington, D.C., February 1, 2007, and September 28, 2007
“Campaign Finance and Ethics Laws,” Kelley Drye Presentations, Washington, D.C. (January 11, 2006, June 29, 2006, February 1, 2007, October 11, 2007); New York, NY CLE (June 27, 2006), Tysons Corner, VA (October 11, 2006)
“U.S. Small Business Administration Office of Advocacy Roundtable on Litigation Under the Regulatory Flexibility Act,” Washington, D.C., August 20, 2007 (panelist)
2006 National Compliance and Attorneys Conference, America’s Community Bankers, Williamsburg, VA, September 19, 2006
U.S. House of Representatives Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, Hearing Regarding Proposed Amendments to the Regulatory Flexibility Act, Washington, D.C., July 25, 2006 (witness)
“Symposium on the Regulatory Flexibility Act,” U.S. Small Business Administration Office of Advocacy, Washington, DC., September 20, 2005 (panelist)
“Criminal Penalties for Regulatory Crimes” panel discussion, ABA Administrative Law Section Criminal Process Committee, ABA Annual Meeting, August 5, 2005, Chicago, IL (moderator)
U.S. House of Representatives Committee on Small Business, Hearing Regarding Proposed Amendments to the Regulatory Flexibility Act, Washington, D.C., March 6, 2002 (witness)
U.S. House of Representatives Committee on Resources, Subcommittee on Fisheries, Wildlife and Oceans, Hearing on the Impact on the National Environmental Policy Act on Fisheries and Oceans Management, Washington, D.C. (witness) |
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Bar Admissions:
District of Columbia, 1988
Maryland, 1987
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| Education:
University of Virginia School of Law, J.D., 1987
Dartmouth College, A.B., summa cum laude, 1984
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
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