Federal Archive

CFTC Adopts Pay-to-Play Rule

Earlier this month the Commodity Futures Trading Commission (“CFTC”) adopted a pay-to-play rule pursuant to the Dodd-Frank Act, which authorizes the CFTC to promulgate certain business conduct rules and standards. The rule makes it unlawful for a swap dealer (“SD”) … Continue reading

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Today: CLE on Pay-to-Play in the Financial Sector

Interested in attending an informative program on pay-to-play regulations in the financial sector and earning NY and NJ CLE credit? When: Today, Monday December 5, 2011; 6-9PM Where: NY County Lawyers’ Association (14 Vesey Street, NY, NY) Faculty: Rebecca Gordon, … Continue reading

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Freedom and its Price: Shareholders Seek Disclosure of Corporate Political Spending

In the past few years, pay-to-play restrictions have flourished, particularly in the context of contracts related to the management of public pension plan assets and similar government investment accounts.   While some regulations such as MSRB Rule G-37 have been in place for … Continue reading

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Independent Spending in New Jersey’s Elections

Yesterday, New Jersey voters went to the polls to elect candidates for local and legislative office.  Despite the fact that all 120 seats in the New Jersey Legislature were up for grabs, in a press release issued last week, ELEC reports … Continue reading

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ABA House of Delegates Passes Resolution on Federal Lobbying

The American Bar Association’s House of Delegates passed a resolution last week supporting a broader definition of the term “lobbyist,” a number of increased disclosure requirements, and a ban on lobbyists fundraising for members of Congress who they also lobby.  … Continue reading

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A Challenge to 501(c)(4) Organizations’ Political Activities

After Citizens United v. FEC, the 2010 elections saw a marked increase in political spending by 501(c)(4) organizations. This development spurred calls for requiring public disclosure of donors financing this political spending.  Now this battle moves to another level, as … Continue reading

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IRS Issues Guidance on Hospitals and Political Activity

Recently, the IRS released a Private Letter Ruling on hospitals and political activity.  Although it seems almost nonsensical to link a 501(c)(3) with political activity, the Private Letter Ruling advises that a hospital’s indirect initiation of a PAC would not … Continue reading

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IRS Stands Down on Gift Tax Enforcement

As we previously discussed  here, recent press reports had indicated that the IRS was planning to enforce a gift tax against donors of IRC 501(c)(4) organizations.  Now comes word from the IRS that no “examination resources” should be expended on … Continue reading

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Supreme Court Strikes Down Arizona Matching Funds Provision

The Supreme Court issued it’s decision in McComish (Arizona Free Enterprise Club’s Freedom Club PAC, et al. v. Bennett, Secretary of State of Arizona, et al.) today. The 5-4 majority struck down the Arizona provision with Chief Justice Roberts writing … Continue reading

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Reconsidering Danielczyk

Last week a decision issued by a US District Court in Virginia made headlines across the country.   The Court in U.S. v. Danielczyk struck down the 100-year old federal ban on corporate contributions.  One of the more eyebrow raising … Continue reading

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