On November 11th, Partner Josh Rosenstein was quoted in POLITICO regarding the federal prosecution of Linda Sun, a former aide to New York Governors Kathy Hochul and Andrew Cuomo, who has been charged with acting as an unregistered agent of the Chinese government. The case marks the first major Foreign Agents Registration Act (FARA) trial of the second Trump administration.
“Though it began in the Biden administration, Sun’s case ‘maps pretty well onto where Bondi said they would continue to focus criminal enforcement,’ said Josh Rosenstein, a partner at Sandler Reiff Lamb Rosenstein & Birkenstock, who advises clients on FARA compliance.”
“’What’s present in this case that has not been present in a lot of the [foreign agent] cases that the department lost is … the very sexy fact pattern involving flashy items of value and expensive toys and all of the hallmarks that you would traditionally expect to see in a foreign influence operation,’ said Rosenstein.”
On August 28th, Partner Josh Rosenstein was quoted in a Bloomberg Government article examining President Donald Trump’s directive to the Justice Department to investigate whether federal grant funds are being used to support lobbying activity — something already prohibited by law. The administration framed the memo as a measure to protect taxpayer dollars, but ethics experts warned it could have a chilling effect on progressive advocacy groups.
“Joshua Rosenstein, a member of Sandler Reiff Lamb Rosenstein & Birkenstock who focuses on lobbying compliance law, called the memo ‘bizarre.’
Though it ‘reaffirms what was already illegal,’ the memo signals to the Justice Department what the president wants it to focus on and may signal to progressive or left-leaning groups that they could be targeted,’ Rosenstein said.”
On August 8th, Partner Josh Rosenstein was quoted in a Responsible Statecraft story examining the lobbying activities of Brazilian congressman Eduardo Bolsonaro (son of former president Jair Bolsonaro) in the United States and their implications under the Foreign Agents Registration Act (FARA). The article highlights Bolsonaro’s efforts to influence U.S. policy, including a successful push for tariffs and sanctions against Brazilian officials.
“To date, Eduardo Bolsonaro has not registered as a foreign agent under the Foreign Agents Registration Act (FARA)… As an elected official to Brazil’s National Congress, Eduardo Bolsonaro could qualify for an exemption from registering as a foreign agent. However, Josh Rosenstein, a FARA expert and partner at Sandler Reiff, explained to RS that to do so, the State Department needs to recognize his role as an elected official and interpret his actions as within the scope of his duties. A State Department spokesperson told RS in an email that the agency had not received a notification from Eduardo Bolsonaro or the Brazilian government that his lobbying actions fall under official government activity.”
“’Absent the form or some similar official notification to the State Department, FARA’s regulations are clear that the exemption is unavailable,’ explained Rosenstein. The Department of Justice, which, under the Trump administration, has reserved FARA charges only for instances of ‘traditional espionage,’ is unlikely to ask Eduardo Bolsonaro to register as a foreign agent.”
We’re proud to announce that, for the 20th consecutive year, Sandler Reiff Lamb Rosenstein & Birkenstock, P.C. has been recognized in the Chambers USA guide as one of the leading political law firms in Washington, D.C.
Chambers USA is a trusted legal directory known for its in-depth research and rankings based on client and peer feedback. This year’s recognition highlights both the strength of our firm and the accomplishments of our attorneys.
The following Sandler Reiff members are individually ranked in the Chambers USA 2025 guide:
Joseph Sandler, named Senior Statesperson, recognized for his longstanding leadership and influence in political law and election law. “Joseph has helped us solve complex issues with insight and thoughtfulness.”; “Joseph is at the top of his field.”
Neil Reiff, praised for his dedication and strategic guidance. “Neil always makes time to help us work through the issue and succeed.”
Joseph Birkenstock, noted for his responsiveness and deep knowledge of the law. “Joseph is superb: responsive and extremely knowledgeable about the law and relevant parts of our industry.”
Joshua Rosenstein, acknowledged for his steady partnership and client-first approach. “Knowing you have a partner like Joshua and knowing that he will be there for you whatever happens is incredible.”
In broader feedback published by Chambers USA, clients described our team as:
“Deeply thoughtful, very thorough and makes sure to get to the core of its client’s issues.”
“Flexible and goes above and beyond. It is very good at taking care of us and being proactive in making suggestions.”
“Always at the frontline of new political and policy initiatives and [with] strong personal relationships and connections with political leadership across the US.”
We are honored by this recognition and remain committed to providing our clients with insightful, strategic, and trusted legal counsel in the ever-evolving political landscape.
On April 11, Partner Joe Birkenstock joined Brian Tyler Cohen on Cohen’s YouTube channel to discuss a potential insider trading scandal, sparked by a surge in stock trades that occurred just minutes before President Trump announced a pause on the 90-day tariffs. In that context, Cohen asked Birkenstock about financial disclosure requirements for federal officials, how and where investigations into such matters are conducted, and the possible avenues for enforcement.
Lawyers’ freedom to represent clients that the government finds distasteful has been a bedrock principle of American rule of law since before the nation’s founding, and the ability to advocate for clients zealously and ethically, without fear of punitive reprisal from the government, is a fundamental part of a functioning democracy. We are proud have signed an amicus brief alongside 500 other law firms– large and small, from across the political spectrum– in support of Perkins Coie in their fight against the unconstitutional actions of the Trump Administration.
On April 2nd, Partner Josh Rosenstein was quoted in The Washington Post regarding the hiring of Rod Blagojevich, the former Democratic governor of Illinois pardoned by President Trump in 2020, to lobby on behalf of the Bosnian Serb republic. Blagojevich’s new lobbying effort, which seeks to persuade U.S. officials to lift sanctions and challenge international opposition to the region’s separatist ambitions, has raised legal concerns about compliance with the Foreign Agents Registration Act (FARA), particularly due to the redaction of his lobbying fees in the publicly available contract.
“Attorney Joshua Rosenstein, who specializes in laws governing foreign lobbying, said he has seen Social Security numbers and bank account information redacted from contracts before — but not lobbying fees.
‘That’s very unusual,’ [Rosenstein] said. ‘The question is who redacted it. … The law requires a public disclosure of a lot of information because the underlying goal is to understand who is working for foreign principals and what the terms of those engagements are.'”
On Wednesday, March 27th, Partner Joe Birkenstock took part in a webinar titled “Contracts 101: Protecting Your Business and Clients,” hosted by the American Association of Political Consultants (AAPC).
During the session, Joe, alongside Trey Richardson from Sagac Public Affairs, addressed key questions surrounding the essential components of political consulting contracts, offered strategies for negotiating terms that safeguard a firm’s interests while meeting client objectives, provided advice on steering clear of common legal and compliance pitfalls, and shared insights on effectively handling contract disputes and amendments.
On March 3rd, Sander Reiff Lamb Rosenstein & Birkenstock released detailed comments in response to the Justice Department’s recent proposed changes to the Foreign Agents Registration Act (FARA), including the removal of the word “directly” from the regulations implementing the exemptions at 22 U.S.C §613(d)(1) and (d)(2), several of the proposed changes around technical aspects of FARA’s labeling requirement and Rule 2 opinion process, among others. The full response, authored by Joshua Rosenstein, Joe Birkenstock, Erin Tibe, and Christina Bustos can be found here.
The comments were highlighted by the press shortly after their release in the Friday, March 7th edition of Politico Influence, specifically those related to the replacement of FARA’s current commercial exemption, which protects activity in furtherance of bona fide trade or commerce that does not predominantly serve a foreign interest, with a new “totality of circumstances” test to determine whether an agent’s activity predominantly benefits a foreign or domestic interest:
“‘Rather than providing the actual ‘test,’ however, the proposed language simply lists a set of non-exhaustive factors that may or may not be among those the Department would turn to,’ the law firm Sandler Reiff Lamb Rosenstein & Birkenstock wrote in its comment.
‘If changed in this way the test would no longer operate as any workable test at all, but instead would become more of an invitation for the Department to apply whichever factors it wants, whenever it wants, thus raising — instead of removing — the specter of weaponization of the Act,’ the firm said.”
Partners Neil Reiff and Joe Birkenstock have been recognized on Washingtonian‘s 2024 list of Top Lawyers in Washington, D.C. for their exceptional work in the areas of campaign finance and election law. This recognition reflects their significant contributions to the field and underscores their expertise and leadership in navigating the complexities of federal and state election regulations, political law compliance, and the evolving landscape of campaign finance.