Joshua Rosenstein was quoted today in a story in National Journal about the rise in litigation over the executive rule-making process. The article describes ongoing litigation between the EPA and biofuel producers over renewable-fuel standards. Mr. Rosenstein told the National Journal that such litigation is becoming commonplace as lobbyists increasingly fail to make headway through a gridlocked government.
“You’re seeing a rise in either actual litigation or the threat of litigation,” said Joshua Rosenstein, a counsel with the Washington law firm Sandler Reiff Young & Lamb. “Advocacy groups are being stymied because the government hasn’t been doing much and they’ve had to get creative; and one of the things I’ve heard people talking about across the industry is seeking policy changes through the courts.”
Sandler, Reiff, Young, & Lamb has entered into a strategic alliance with renowned election attorney Mark Grueskin and the law firm of Recht Kornfeld. SRYL will work with Mr. Grueskin and Recht Kornfeld on common projects and political matters. Read more about the alliance over at Law Week Colorado.
Liz Howard was quoted in a recent article in the Daily Online Examiner regarding disclaimer rules for mobile ads. At issue is whether political ads that appear on mobile phones need to include disclaimer language indicating who paid for the ad and if it was authorized by a candidate. Such disclaimers are traditionally found in tv, print, and online advertisements. Ms. Howard told the Daily Online Examiner that if a disclaimer is not included in an ad, the Federal Elections Commission may fine the campaign up to $5,000, or the amount of money spent on the ad, whichever is greater.
However, in an Advisory Opinion Request to the FEC, SRYL client Revolution Messaging asked that mobile ads be exempt from disclaimer requirements due to ads’ small sizes on mobile phones. This would put them in a category similar to bumper stickers and lapel pins, rather than traditional paid media.
Joshua Rosenstein was cited in an article published this morning in The Hill regarding the decline in the number of registered lobbyists in Washington. The article discusses the reasons why K Street has seen the number of federally registered lobbyists decrease by over 4,500 since 2007. Mr. Rosenstein cited public perception and new ethics orders on lobbyists working in the White House as two reasons why fewer potential lobbyists are registered today.
“When the administration tells you that you’re unwelcome and the public perception of the industry is so negative, lobbyists become very aware of the message that’s being sent,” Mr. Rosenstein said.
In front of a capacity crowd, Jeff Wice spoke Monday morning at the National Conference of State Legislatures on a panel regarding voting rights. Titled “Shelby County v. Holder: The Future of the Voting Rights Act,” Mr. Wice discussed the Supreme Court’s 2013 decision and how it affects state legislators and activists going forward. Prior to the ruling, legislatures in many southern states required pre-clearance from the federal Department of Justice in order to make any changes to voting procedures. However, the Court struck down this requirement, and many of the affected states are poised to begin changing their voting laws.
Despite many state legislators and activists alike taking an interest in the subject, he told Politico after the panel that “It’s a quiet before the storm period, and it’s hard to tell when the storm is going to hit. No one expects Congress to act, and there’s also a wait–and–see approach to see how far think tanks and legal defense organizations go to bring lawsuits to expand [VRA] challenges.”
Read the full article from Politico, with a more complete write-up of the panel, here.
SRYL Founding Partner Joe Sandler was cited as an expert in Federal Pay-to-Play rules in an article about New Jersey Governor Chris Christie for NJ.com. The article discusses how the rule could affect Governor Christie should he decide to run for President:
Under the rule, executives in firms that manage investments or give investment advice to state pension funds are barred from donating to candidates who have any say over how the work is awarded, unless the firms are willing to refrain from doing business with the state for two years.
In New Jersey, the governor appoints most members of the State Investment Council, which oversees the state pension system — including the chairman, Robert Grady, who is one of Christie’s closest advisers — so experts agree the rule clearly applies to him.
The result is that Governor Christie is largely restricted from accepting contributions from Wall Street executives, many of whom live in the Garden State. Mr. Sandler told NJ.com that the rule puts “‘any incumbent governor in [Mr. Christie’s] situation’ at a disadvantage ‘more than it would any incumbent senator or member of Congress.'” He added that “to the extent that you’re talking about a governor from a state who’s heavily dependent on donations from that industry, it would have a disproportionate effect” on Governor Christie.
Joe Sandler was cited as a FARA expert in a news item in today’ Politico Influence newsletter. The newsletter sought to follow up on a story last week in which actor Steven Seagal was described as the “face of the Russian weapons industry.” Politico Influnece asked Mr. Sandler about Mr. Seagal’s relationship with Russia as it relates to the Foreign Agent Registration Act. Mr. Sandler told Politico “if and when an agreement is reached, and regardless of whether he gets paid or not, to do the work described in the [original] piece would definitely require Mr. Seagal to register under FARA. To try to help move U.S. public opinion to support marketing of weapons on behalf of the Russian government would definitely trigger the need to register.”
Read the original story on Mr. Seagal’s relationship with the Russian weapons industry here.
On June 5, CASA de Maryland, the immigrants advocacy and support organization that is the largest Latino and immigrant group in the state, honored Sandler Reiff Young & Lamb with its Justice Award for our Firm’s pro bono work on the Maryland DREAM Act. Together with a team from Arnold & Porter, the Firm represented “Dreamer” students and voters in the court battle to attempt to block a statewide referendum on the DREAM Act, which makes available to to undocumented immigrants in-state tuition at community colleges and the state University system if certain conditions are met. The court challenge did not succeed but Maryland voters approved the law in the 2012 general election. (The Firm also represented the ballot committee formed to persuade voters to approve the law).
Chambers & Partners, one of the leading researchers in the legal profession, identified Sandler, Reiff, Young, & Lamb, PC as one of the top law firms dealing in Political and Election Law. In it’s 2013 guide to the top law firms, Chambers selected SRYL as a Band 2 law firm, recognizing the firm’s strength in catering to client’s needs. Chambers also recognized the firm’s broad client base, including candidates for federal, state, and local office, businesses, unions, non-profits, PACs, and political party committees. SRYL was recognized for it’s status as a boutique firm, allowing firm attorneys a high level of personal interaction with clients, and was the smallest firm recognized by Chambers in this practice area.
Chamber’s specifically recognized Joseph Sandler as a “Key Individual,” with a strong focus on matters of campaign finance, and corporate and tax issues that affect political advocacy.
