Practice Overview
Kelley Drye helps its clients succeed in the political arena by guiding them past the legal pitfalls that might lead to investigations, criminal and civil penalties, and public scandal.
Through our comprehensive, continuing focus on evolving campaign finance rules and the tactics of enforcement authorities, we shape clients' advocacy programs, compliance approaches and
defensive measures to reduce vulnerabilities and address problems.
Many diverse corporations, trade associations and labor organizations turn to us for continuing assistance on government ethics, lobbying, and campaign finance and election law.
Our attorneys have experience in criminal, administrative, and legislative investigations and enforcement proceedings in matters involving white-collar crime, campaign finance and public
integrity investigations. We often are involved in building and monitoring the effectiveness of compliance programs.
Clients engage us for such challenges as:
- Lobbying and Advocacy – What is "lobbying?" Who is a "lobbyist?" Simple answers to those questions do not exist
because federal and state laws define terms differently. Consequently, activities that can be pursued freely in one state,
without formal registration, can trigger investigations, penalties and sanctions in another. Our attorneys provide a consolidated
view that clarifies these laws, allowing clients' employees to do their work while avoiding potential violations.
- Financing Campaigns – Clients who actively fund political campaigns and activities trust Kelley Drye to ensure that their
contributions are appropriately registered and reported, and that they comply with each state's limitations and prohibitions. These
clients often need guidance on a range of questions involving the amounts, timing and form of contributions, as well as the best
approach to organizing political fundraising events.
- Ensuring Ethical Practices – Every time our clients' employees interact with government officials, they run the risk of
crossing the gray area between courtesy and transgression. A gift, a lunch, a conversation about future plans: these often-innocuous
activities can be cast in a negative light by prosecutors. We clarify the laws and build lucid guidelines for clients' employees,
so they can do their jobs well, while keeping their activities within recognized ethical boundaries.
- Hiring Former Officials – Clients who hire talent directly out of local, state, or federal government positions face
potential civil and criminal penalties if these employees fail to comply with a myriad of post-employment laws. We provide insights
into these laws, analyze the parameters of permissible activity, and guide clients in ways to effectively leverage their employees'
unique skills and relationships in a lawful way.
- Pursuing Government Contracts – Regulation of public-private contracts is extraordinarily stringent; beyond federal laws,
each state has its rules, creating multiple risks of losing a major contract due to a missed technical requirement. In addition,
simply pursuing these contracts is considered "lobbying" in many cases. Clients look to us to maximize their opportunities for
lucrative contracts, while minimizing potential missteps.
To prevent problems before they start, we create tailored lobbying, government ethics, and political activity compliance programs
for our clients. These programs train employees on the relevant laws, reinforce the right behaviors, and clarify when to ask for
guidance. Through these programs, which we help clients audit and refine, we make sure that the money spent on prevention and
training gets to the root of an organization's unique challenges, and sets the stage for a highly productive—and significantly
less risky—relationship with government and the political process.
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