Lawyers / Professionals
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Elliot S. Berke
Partner
2001 K Street N.W.
eberke@mcguirewoods.comSuite 400 Washington, D.C. 20006-1040 F: 202.828.2990 |
Mr. Berke's practice focuses on the intersection of politics and the law. His client base consists of elected and appointed officials, campaign committees, political parties, PACs, lobbying firms, corporations, small businesses, trade associations, nonprofits and individuals. He represents clients before congressional ethics and oversight committees, the FEC, the DOJ, and federal and state departments and agencies.
Prior to entering private practice full time, Mr. Berke served as the general counsel of a Fortune magazine rated top government relations firm. As the firm's chief legal advisor, he oversaw compliance with federal and state laws, workplace legal issues, and worked with outside counsels on litigation in federal court.
He served as in-house counsel and ethics advisor to the two most senior members of House leadership. As counsel to the Office of the Speaker and general counsel to the Office of the House Majority Leader, he advised and counseled on ethics and compliance for the speaker and the leader, and their staffs. In the three years he worked in House leadership, he implemented procedures to ensure compliance with House rules and standards of conduct, consulted with campaign and PAC officials, conducted internal reviews, and worked closely with outside counsel to ensure that the individual legal needs of parties, including campaigns, individuals and nonprofits, were respected.
During his service for House leadership, Mr. Berke also served as a staff representative on the Bipartisan Legal Advisory Group (BLAG), which represents the leadership on matters including speech or debate immunity and separation of powers. His tenure coincided with a notably active period of federal investigation into issues related to members and congressional staff, and his counsel was consistently sought out by the House general counsel on how to best respect the interests of the House. He provided counsel on the constitutionality of numerous pieces of legislation over the course of three Congresses, and offered advice on the issuance of committee subpoenas. He also served as the principal policy advisor on homeland security, judiciary, tort reform and campaign finance issues, including on the Class Action Fairness Act and the reauthorizations of the PATRIOT Act and the Voting Rights Act.
Mr. Berke's ethics and compliance experience on Capitol Hill was preceded by similar experience within the executive branch. As special counsel to the Department of Housing and Urban Development (HUD), he oversaw complex and sensitive legal issues for the department. He also advised the Office of the Secretary on questions of ethics, including scheduling issues and FOIA requests. Prior to his service at HUD, he served as a senior associate independent counsel on the Whitewater and Lewinsky investigations. Mr. Berke began his legal career as an investigative counsel for Senate and House oversight committees.
- Serve as outside counsel to members of Congress and their campaigns and PACs, including members of leadership.
- Represent for profit and nonprofit organizations on organizational and compliance issues, including on lobbying and political activity.
- Represent members of Congress and congressional staff before the House and Senate Ethics Committees and the Office of Congressional Ethics.
- Represent individuals in political corruption and Foreign Corrupt Practices Act investigations before the Justice Department, Offices of Inspectors General, the Office of Special Counsel, and Congress.
- Represent party committees, campaign committees, PACs and Super PACs before the FEC and on organizational issues.
- Represented multiple individuals before the Senate Ethics Committee and the Justice Department during the Sen. Ensign investigation.
- Represented a senior democratic lobbyist in the congressional and Justice Department investigations into the PMA Group.
- Represented a congressman on the first referral (and full dismissal) from the Office of Congressional Ethics to the House Committee on Standards of Official Conduct.
- Represented an assistant secretary on an internal departmental investigation.
- Represented the deputy director of a federal agency on recusal and conflict of interest issues.
- Represented the Administrator of the Justice Department's Office of Juvenile Justice and Delinquency Prevention before the House Oversight and Government Reform Committee and DOJ's Office of Inspector General.
- Represented the director of the Western Regional Center of the RMC Research Corporation before House and Senate Education Committee investigations into the Reading First program under the No Child Left Behind Act.
- Represented the chief operating officer of the Barbour Griffith & Rogers lobbying firm in deposition testimony in Schaghticoke Tribal Nation v. Dirk Kempthorne, Secretary of the Interior, et al in federal court.
- Represented the Speaker and Majority Leader of the House in depositions before the House Committee on Standards of Official Conduct.
- Co-Chair, Political Law Group
- Named One of Washington's "Best Lawyers," Washingtonian Magazine, December 2011
- Law Office of Elliot S. Berke PLLC, 2008-2011
- General Counsel, Barbour Griffith & Rogers, LLC, 2006-2007
- Counsel to the Office of the Speaker, 2006
- General Counsel to the Office of the House Majority Leader, 2004-2006
- Special Counsel, U.S. Department of Housing & Urban Development, 2002-2004
- Senior Associate Independent Counsel, In Re: Madison Guaranty, 1999-2002
- Counsel, U.S. Senate Permanent Subcommittee on Investigations, 1998-1999
- Counsel, U.S. House Government Reform & Oversight Committee, 1997-1998
- "The Next Fifteen Minutes Could Save Your Campaign Account," Co-authored with William J. Farah, Mondaq, November 9, 2011
- "Time to Be Aware of FARA Enforcement," Co-authored with William J. Farah, Law360, September 16, 2011
- "The Role of Lawyers in Serving Candidates Running for Election to Political Office," Co-authored with William J. Farah, Mondaq, September 13, 2011
- "Laws Regulating Political Activity Go Global," Co-authored with William J. Farah, Executive Counsel, August/September 2011
- "Berke: 'Evil Empire' a Poor Choice of Words for GOP Fundraising," Roll Call, March 2010
- "Netanyahu and Churchill at the United Nations," Finest Hour, Winter 2010
- "Havel Speech Anniversary Worth Noting," The Daily Caller, February 2010
- "Citizens United Ruling Only the Beginning of Speech Debate," The Daily Caller, January 2010
- "Politicizing the Arts Community: What Did the White House Do Wrong?" Co-authored with Hans von Spakovsky, Big Government, October 2009
- "Why I Believe in Wake Forest," Window on Wake Forest, August 21, 2009
- "Remembering Jack Kemp," Window on Wake Forest, May 6, 2009
- "An Ethics Policy Worthy of the Sneetches," Roll Call, March 31, 2009, at 4.
- "White House Lobby Rules Invite Trouble," Washington Examiner, March 18, 2009
- "At the Bar," National Journal, September 20, 2008, at 77.
- "Good Man, Evil Empire: Ronald Reagan Made History 25 Years Ago in Orlando," Orlando Sentinel, March 4, 2008 at A13.
- "Reflecting on Transition," Legal Times, December 25, 2006, at 24
- "The Chechnya Inquiry: Constitutional Commitment or Abandonment?" 10 EMORY INT'L L. REV. 879, 1996
- Panelist, "Political Campaign & Lobbying Activities," McGuireWoods 9th Annual Nonprofit Seminar, Charlotte, North Carolina, October 2011
- Panelist, "Congressional Ethics 2011 - Compliance for Businesses and Staffers," McGuireWoods Seminar, Washington, D.C., June 2011
- Moderator, Republican National Lawyers Association Virginia/Maryland/Pennsylvania Election Law Training, Washington, D.C., September 2010
- "Introduction of NRSC General Counsel," Republican National Lawyers Association Florida Election Law Training, Orlando, Florida, September 2010
- Moderator, "The Citizens United Case and the First Amendment," Republican National Lawyers Association National Policy Conference, Washington, D.C., April 2010
- "Introduction of NRCC Chairman Pete Sessions and Deputy Chairman Greg Walden," Republican National Lawyers Association Luncheon, Washington, D.C., January 2010
- "Introduction of Republican Whip Eric Cantor," Republican National Lawyers Association Luncheon, Washington, D.C., October 2009
- "Why I Believe," Wake Forest University Alumni Council Meeting, Wake Forest University, Winston-Salem, North Carolina, October 2009
- "Ethics Consideration for the Election Law Lawyer," National Summer Election Law Seminar School, Ronald Reagan Presidential Library, Simi Valley, California, August 2009
- "Introduction of Governor Tim Pawlenty," Republican National Lawyers Association Luncheon, Washington, D.C., June 2009
- "Introduction of Republican Leader John Boehner," Republican National Lawyers Association Luncheon, Washington, D.C., May 2009
- "Introduction of Hon. Hans von Spakovsky," Republican National Lawyers Association's Annual Edwin Meese III Pre-National Conference Reception, Washington, D.C., April 2009
- Republican National Lawyers Association
- Vice President for Programming
- Board of Governors
- Advisory Committee
- Federalist Society
- American Bar Association
- The Churchill Centre
- President-Elect, Wake Forest Alumni Council
- President, Evil Empire Speech Memorial Foundation
- General Counsel & Senior Advisor, Jack Kemp Foundation
- Steering Committee, Romney Justice Advisory Committee
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EDUCATION Emory University School of Law, Atlanta, Georgia, J.D., 1997
Wake Forest University, Winston-Salem, North Carolina, B.A., cum laude, 1993 ADMITTED District of Columbia 1999 Maryland (Inactive) |

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