Practice Areas: Government, Regulatory & Criminal Investigations

Political Law

It was once said that all politics is local; in today’s society, politics have gone global. Our political law group guides local, state, national, and multinational entities – from Fortune 500 companies to small businesses, from political organizations to nonprofits – through the complex world of elections, campaign finance, lobbying, ethics, compliance and more. The group includes accomplished attorneys who have achieved exceptional results for their clients. Several members of the group have gained relevant experience serving in government.

Areas of Representation:

• Government Ethics
• Lobbying Law Compliance & Business Counsel
• Campaign Finance & Election Law
• Political Investigations
• Strategic Counsel & Crisis Management

Government Ethics

A government ethics practice requires knowledge of a wide variety of laws and regulations including the Ethics in Government Act (EGA), the Lobbying Disclosure Act (LDA), the Honest Leadership and Open Government Act (HLOGA), as well as federal ethics rules and regulations. The state government ethics landscape can be equally as complex.

Attorneys in our Government, Regulatory and Criminal Investigations (GRCI) department assist government officials, candidates and campaign committees, political action committees, corporations, small businesses, nonprofits, and others in complying with federal and state ethics requirements. We represent clients before the U.S. House and Senate ethics committees, the Office of Congressional Ethics, the U.S. Department of Justice, and state ethics commissions. We also help clients navigate recusal and conflict of interest issues, as well as personal financial disclosure reports. This includes counseling presidential appointees through the Senate confirmation process.

Lobbying Law Compliance & Business Counsel

Developing clear lines of communication with clients in need of compliance assistance is essential to avoiding the pitfalls that are becoming more frequent in our information age. In 2007, HLOGA marked a sea change in the legal landscape for lobbyists and businesses that employ them. HLOGA not only expanded such businesses’ lobbying disclosure requirements, it also substantially increased the penalties for failing to comply. For the first time, House and Senate gift and travel rules now apply outside Congress. This means that it can now be a crime to violate congressional gift and travel rules. Failing to comply with HLOGA’s reporting requirements can also lead to a referral to the U.S. Attorney’s Office for the District of Columbia.

McGuireWoods is well-versed in this complex area of the law. We represent top government relations firms, corporations, and trade associations on the legal issues relating to lobbying. We also help clients comply with the Foreign Agents Registration Act (FARA) and the Foreign Corrupt Practices Act (FCPA), a growing area of concern for companies doing business abroad. One of our attorneys writes the weekly column “A Question of Ethics” that is published in Roll Call – a publication widely read by members of Congress and staff. These columns tackle difficult questions regarding government ethics, lobbying, and related compliance matters.

With this background, there are many ways McGuireWoods can help. For example, we can develop and implement formal internal compliance procedures to help clients prevent problems from ever arising. In addition, we can provide employee training sessions tailored to the specific needs of each client. With the increased risk of legal liability, more and more businesses are turning to formal employee training. These programs not only ensure a knowledgeable workforce, but also help businesses demonstrate their commitment to compliance.

McGuireWoods has held many relevant seminars, including one panel that was conducted jointly by one of our attorneys and senior counsel from the House and Senate ethics committees.

Campaign Finance & Election Law

Myriad laws and regulations govern the finance of U.S. elections, including complex prohibitions and limitations on who may give, how much may be given, detailed filing and disclosure requirements, and other conditions and requirements. While the Supreme Court ruling in Citizens United presents opportunities for businesses seeking to participate more directly in electoral politics, it also poses a number of legal compliance and political issues warranting careful attention.

In a political environment driven by 24-hour news and exacting public scrutiny, a campaign can succeed or fail based on its ability to quickly respond to allegations made against it during the height of the political season. We represent clients in matters involving complex campaign finance, election laws and regulations, including the Federal Election Campaign Act (FECA), the Bipartisan Campaign Reform Act (BCRA), and “pay to play” and procurement restrictions. We have served as counsel to the most senior members of congressional leadership and as counsel to presidential campaigns. Our current and former clients include political party committees, federal candidates and campaign committees, political action committees (PACs), 527 organizations, and other nonprofits engaging in political activities.

We work with clients on the permissible use of campaign funds and general organizational legal issues. We also help clients prepare their contribution and expenditure reports to ensure compliance with laws and regulations. Our work includes representations before the Federal Election Commission (FEC) and the U.S. Department of Justice (DOJ), as well as state election commissions. We also advise clients on ballot access and other election law issues.

Political Investigations

Our attorneys help clients respond to a wide range of political investigations, whether initiated by a congressional committee or other government entity. While our representations have often involved investigations by congressional committees, we have also represented clients in criminal investigations arising from interactions with Congress and other government officials. These clients have included members of Congress and staff, as well as Fortune 500 companies and private individuals.

In each of these matters, we have teamed with lobbying and public relations professionals at McGuireWoods Consulting, whose input is invaluable in forming a strong government relations team. In addition to taking clients’ messages to Washington, we also help clients protect their public images – a potentially daunting challenge when faced with the public scrutiny that often accompanies a political investigation.

Finally, even in the absence of an actual investigation, we advise clients regarding ethics and legal issues affecting members of Congress, congressional employees, lobbyists, and other businesses that interact with Congress.

Strategic Counsel & Crisis Management

In an era when media outlets devote entire investigative units to this area of law, business entities and government officials facing government scrutiny need representation that comprehends holistic and strategic needs across legal, ethical, political and media spectra. We bring clients unique experience with some of the most high profile political developments of the last decade.

Investigations often involve parallel proceedings. Clients may be subjected to their own internal audits, regulatory or administrative scrutiny, congressional hearings, state attorney general probes, grand jury investigations, and an onslaught of questions from the media – often simultaneously. Our clients seek strategic counsel to manage crises, and they require reliable messaging and analysis that can be quickly and clearly disseminated publicly.