Corporate Political Activities Deskbook provides a thorough grounding in the current state of the law on federal and state campaign finance, pay-to-play, lobbying, and gift compliance. A practical manual for in-house attorneys advising corporations about involvement in the political process, this new Deskbook draws on the extensive practice and regulatory experience of Skadden, Arps authors Ken Gross, Ki Hong and Lawrence Noble.
After describing the impact of the seminal 2010 U.S. Supreme Court decision in Citizen’s United in expanding permitted corporate speech in the political realm, the Corporate Political Activities Deskbook walks the reader through the Federal Election Campaign Act (FECA) requirements in such areas as:
- Permitted and prohibited corporate activity in both the financial and in-kind areas
- Who makes up the “restricted class” that may be approached for contributions to a corporate PAC
- What federal dollar limits exist on financial and in-kind contributions to candidates
- The difference between an “independent” and “coordinated” activity in support of a candidate
- The specific FEC reporting requirements, including a line-by-line discussion of FEC Form 1, FEC Form 3L and others
Other chapters of the Corporate Political Activities Deskbook address federal lobbying and gift rules; the Foreign Agents Registration Act; and practice and appearances before the FEC. An additional chapter addresses state campaign finance, lobbying, gift, placement agent rules and pay-to-play rules, including the national rules affecting those that do business with state or local government entities, such as MSRB Rule G-37 and SEC Rule 206(4)-5.
The Deskbook appendices include helpful model documents, such as sample PAC bylaws, a PAC contribution card, and resolution establishing a PAC. In addition, summary charts of the 50 state contribution and lobbying laws are included. Rather than the extensive analytical approach of a treatise, the Corporate Political Activities Deskbook emphasizes the rules and provides practical examples of best practices and “do’s and don’ts.” In many cases, the suggestions go beyond the black letter requirements to incorporate advice about practices that will help the reader utilize the available avenues of interacting with the government while avoiding negative press, public as well as legal regulatory attention.