Corporate Political Activity

Counseling organizations on laws affecting political engagement.

Companies and organizations that participate in the political process must maneuver through a complex network of evolving laws, regulations, and practical risks to effectively plan and carry out their political actions.

We are the pioneers of modern political law. For decades, Perkins Coie has advised clients on how to navigate the laws governing participation in the political process. As counsel to Fortune 100 companies, technology leaders, trade associations, lobbying firms, strategic consultants, and individuals, we help clients understand and work within the increasingly complex laws that regulate political activity. We represent corporations, nonprofit organizations, public affairs firms, elected officials, candidates, high-wealth individuals, parties, and political action committees (PACs), counseling them on their compliance and litigating on their behalves to defend their participatory rights. Our lawyers distinguish themselves with their deep experience in the governing laws, their understanding of their clients’ needs, and the judgment they exercise in what can often be highly charged matters.

Companies and nonprofits with active government relations and government-facing sales teams rely on us to design and evaluate their lobbying and ethics compliance programs. Public affairs firms, lobbyists, and even other law firms turn to us for counseling on highly specialized laws like the Lobbying Disclosure Act (LDA) and the Foreign Agents Registration Act (FARA). We help clients start PACs, review their ads, screen their political contributions, review their voter registration and get-out-the-vote drives, comply with the law when marketing strategic services, and find sound ways to engage in personal political activity.

We understand that serving as political law counsel requires more than simply reiterating the law itself. Our clients want to know their options for political participation and how to identify the risks and opportunities. They need to build internal processes that will stand scrutiny in the face of a media request or a complaint from an adversary. They want to see around the corner and understand how rapid political and legal changes might affect their programs and activities.

We are committed to ensuring compliance with federal, state, and local laws, while managing political contributions, lobbying activities, PACs, and specific industry regulations effectively.

How we help clients

Advising on federal campaign finance law and regulation, including forming and administering political action committees.
Advising corporations on how to comply with federal, state, and local campaign finance requirements.
Counseling on lobbying disclosure and governmental ethics statutes at the federal, state, and local levels.
Advising on compliance with FARA, particularly as it pertains to law, lobbying, and public affairs firms.
Reviewing political contributions, gifts, and events for compliance with federal, state, and local laws.
Conducting internal reviews of corporate political activities and compliance processes.

Areas of Focus

Campaign Finance

We assist clients in understanding and adhering to the complex web of federal, state, and local regulations that oversee political contributions, expenditures, and disclosure mandates. Our attorneys are well-versed in the intricacies of campaign finance laws, including the Federal Election Campaign Act (FECA), and the rules and guidelines set forth by the Federal Election Commission (FEC) and state campaign finance bodies. We offer advice on adhering to contribution limits for both individuals and organizations and guide clients in organizing their political donations to comply with legal standards. Our experience also extends to the nuanced regulations governing PACs and other political groups, covering aspects from their creation and management to compliance with reporting obligations. We work closely with clients’ compliance and government relations professionals, making sure we understand their objectives and that we convey clear, practical, and actionable advice.

Lobbying

Companies with active government relations and government-facing sales teams rely on us to design their lobbying and ethics compliance programs. We have years of experience assisting clients with lobbying disclosure and governmental ethics rules at the federal, state, and local levels, and we are well-versed on the LDA’s stringent lobbying laws and related disclosure standards. We manage the preparation, submission, and maintenance of lobbying registrations and periodic disclosure reports for companies, lobbyists and lobbying firms, nonprofit entities, trade and advocacy groups, and other organizations. We also help clients build successful PACs for fundraising and ensure they operate smoothly. We not only work with the full spectrum of lobbying compliance regulations; one of our attorneys co-edited the recent edition of The Lobbying Manual, published by the American Bar Association, and many of our attorneys and compliance specialists contributed to the manual as well.

Foreign Agents Registration Act

FARA’s broad, sweeping scope, and increased enforcement makes compliance crucial for those who work with global clients, whether through lobbying, public relations, or simply interacting with government agencies. We help clients understand when their activities might trigger FARA registration, when exemptions might apply, and how to register and report when registration is required. Should controversy arise, our regulatory experts and white-collar attorneys can help respond.

Nonprofit/Tax-Exempt Organizations

Counseling at the intersection of tax, campaign finance, and lobbying, we advise tax-exempt organizations, including trade associations, charities and foundations, social welfare groups, and political organizations, through the complex regulations governing political activity. We help tax-exempt entities organize efficiently to achieve policy or political objectives and comply with both tax and campaign finance laws and regulations, as well as the wide range of other laws affecting their activities. Our guidance to clients also includes navigating the sometimes treacherous rules surrounding lobbying, campaign finance, and ethics issues. We have also helped establish and advise 527 organizations.

Government Contracts

Our counsel includes the overlap between federal procurements/grants and political law issues and is informed by the knowledge of our government contracts lawyers. Specifically, we advise clients on compliance with gift-giving rules, contingent fee restrictions, and appropriate uses of federal funds received under grants and federal procurement contracts. We have also helped clients navigate agency-specific rules in these particular areas.

Securities

Representing investment firms and their principals, we advise on the implications of U.S. Securities and Exchange Commission (SEC) and Municipal Securities Rulemaking Board (MSRB) rules imposing industry-specific “pay to play” restrictions. This includes addressing the legality of specific proposed political contributions and, in the event of an inadvertent contribution that exceeds the threshold, negotiating the mission-critical SEC exemptive application process.