In the November 2024 In-Compliance Round-Up, we cover the following: William J. McGinley, Partner at Holtzman Vogel, to Serve as Next White House Counsel -
Jessica Furst Johnson: Pennsylvania Senator Bob Casey wants to...more
11/27/2024
/ Ballots ,
Biden Administration ,
Compliance ,
Corruption ,
Disciplinary Proceedings ,
Donations ,
Equal Protection ,
FCC ,
General Elections ,
Hatch Act ,
Kamala Harris ,
Notice of Appeal ,
PA Supreme Court ,
PACs ,
Political Contributions ,
Proposed Amendments ,
Recount Committees ,
Redistricting ,
Saturday Night Live (SNL) ,
Social Media ,
Trump Administration ,
Voting Rights Act
FEC UPDATE -
FEC Declines to Impose New Restriction on Joint Fundraising Committee Television Solicitations -
On October 10, the FEC considered whether joint fundraising committees may distribute television...more
10/31/2024
/ Ballot Measures ,
Beneficial Owner ,
Cooperative Compliance Regime ,
Federal Election Commission (FEC) ,
FinCEN ,
Political Advertising ,
Political Campaigns ,
Political Contributions ,
Presidential Elections ,
Regulatory Requirements ,
Solicitation ,
State Elections
Today, the Federal Election Commission (“FEC”) considered three advisory opinion requests that will have a tremendous impact on fundraising efforts, election advertisements, and the use of campaign funds to pay for childcare...more
FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee -
In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of...more
9/30/2024
/ 501(c)(3) ,
Advisory Opinions ,
Artificial Intelligence ,
Campaign Contributions ,
Campaign Spending Limits ,
Compliance ,
Deep Fake ,
False Statements ,
Federal Election Commission (FEC) ,
Forgery ,
Fundraisers ,
IRS ,
Misrepresentation ,
Nonprofits ,
PACs ,
Political Advertising ,
Religious Institutions ,
Rulemaking Process ,
SCOTUS
Eighth Circuit Invalidates Missouri's Two-Year Lobbying Ban for Former Legislators and Staffers -
The Eighth Circuit Court of Appeals invalidated a Missouri state constitutional amendment that imposed a two-year lobbying...more
8/28/2024
/ Administrative Proceedings ,
Artificial Intelligence ,
Cease and Desist Orders ,
Compliance ,
Constitutional Amendment ,
Ethics ,
Executive Orders ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Fines ,
Free Speech ,
FTC Act ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Lobbying ,
New Regulations ,
NLRB ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Pay-To-Play ,
Preliminary Injunctions ,
Presidential Elections ,
Securities and Exchange Commission (SEC) ,
State Bans ,
Texas ,
UAW ,
Unfair Labor Practices ,
Voting Rights
Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more
8/2/2024
/ Absentee Voting ,
Administrative Procedure Act ,
Advisory Opinions ,
Artificial Intelligence ,
Beneficial Owner ,
Chevron Deference ,
Chevron v NRDC ,
Compliance ,
Disclosure Requirements ,
FCC ,
Federal Election Commission (FEC) ,
FinCEN ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Misappropriation ,
Non-Compete Agreements ,
PACs ,
Political Contributions ,
Preliminary Injunctions ,
Proposed Rules ,
Public Disclosure ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Summary Judgment
On July 1, 2024, the U.S. Supreme Court released its opinion in Trump v. United States. The six-Justice majority concluded that the President of the United States is entitled to at least a presumption of immunity from...more
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve an advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds,...more
5/30/2024
/ Advisory Opinions ,
Artificial Intelligence ,
Campaign Finance Reform ,
Compliance ,
Deceptive Intent ,
Deep Fake ,
FCC ,
Federal Election Commission (FEC) ,
Political Advertising ,
Political Candidates ,
Political Contributions ,
Public Disclosure ,
Transparency
At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve a draft advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited...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
4/30/2024
/ Arizona ,
Campaign Finance Reform ,
Campaign Funds ,
Compliance ,
Corporate Executives ,
Criminal Penalties ,
Employment Contract ,
Enforcement ,
Ethics ,
False Statements ,
Federal Bans ,
Federal Election Campaign Act ,
Federal Election Commission (FEC) ,
Federal Trade Commission (FTC) ,
Felonies ,
Final Rules ,
Foreign Agents ,
GAO ,
Lobbying ,
Lobbying Disclosure Act ,
New Legislation ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Personal Use ,
Restrictive Covenants ,
Sarbanes-Oxley
On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more
3/28/2024
/ Artificial Intelligence ,
Beneficial Owner ,
Business Entities ,
Campaign Contributions ,
Compliance ,
Corporate Transparency Act ,
Deep Fake ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Election Commission (FEC) ,
Lindke v Freed ,
New Regulations ,
NSBA ,
O’Connor-Ratcliff v Garnier ,
PACs ,
Political Campaigns ,
Reporting Requirements ,
SCOTUS ,
Social Media ,
Unconstitutional Condition
The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more
3/1/2024
/ Advertising ,
Artificial Intelligence ,
Compliance ,
Declaratory Rulings ,
Deep Fake ,
Democratic National Committee ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Infectious Diseases ,
New Legislation ,
Notice of Inquiry ,
Political Campaigns ,
Political Contributions ,
Presidential Nominations ,
Recount Committees ,
Robocalling ,
Rulemaking Process ,
Social Media ,
TCPA ,
Telemarketing ,
Transparency ,
Voting Rights ,
Wisconsin
On Monday, the United States Court of Appeals for the Eighth Circuit held that Section 2 of the Voting Rights Act lacks a private right of action. The court affirmed an Arkansas federal district court’s holding that only the...more
You may have heard that the Supreme Court recently released its decision in Moore v. Harper, a case about the role state courts can take in reviewing election laws enacted by a state’s legislature. What you probably haven’t...more
The Federal Communications Commission (FCC) recently announced that new rules for non-telemarketing artificial or prerecorded voice calls (i.e., “robocalls”) go into effect on July 20, 2023. The new rules limit the number of...more
Donald Trump and his allies have insisted that he can and should run as a third-party candidate in the general election if he fails to win the Republican nomination. The authors, practicing lawyers specializing in political...more
3/7/2023
/ Appeals ,
Donald Trump ,
Election Laws ,
Electoral College ,
Enforcement ,
Federal Election Commission (FEC) ,
General Elections ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Primary Elections ,
SCOTUS
The new House Rules package adopted by the Republican majority in the U.S. House of Representatives on January 9, 2023, to govern the proceedings of the 118th Congress included a variety of changes to the House Committee on...more