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.
