Wednesday, February 1, 2012

McKenna Long & Aldridge Launches "Politics, Law & Policy" Blog

The team here at Pay to Play Law Blog wants to welcome a phenomenal group of commentators to the McKenna Long & Aldridge blogosphere.  Last week, MLA launched its newest blog, “Politics, Law and Policy,” authored by a bipartisan group of attorneys and public policy advisors in the firm’s nationally-recognized government affairs practice.  The blog will serve as an important resource for those seeking analysis and resources on the impact of federal and state politics and public policies on a wide range of issues and debates, including health care, energy, infrastructure, taxes, transportation, cybersecurity, and campaign and election compliance.

Led by  Eric Tanenblatt, head of ML A’s National Government Affairs practice, the MLA Politics, Law and Policy blog follows law and public policy developments and political campaigns at the state and national levels.  It features legal, political and policy insights from attorneys and professionals who have held public office and served as their advisors, including governors, mayors, ambassadors, attorneys general, congressional members, and senior administration officials. 


Contributors to the Politics, Law and Policy blog from MLA’s Government Affairs practice include Speaker Emeritus Mark Burkhalter (R-GA); Cindy Gillespie, co-chair of the firm’s Health Insurance Exchange team and former special counselor to Massachusetts Governor Mitt Romney; and Governor Howard Dean (D-VT), former chair of the Democratic National Committee.  Other contributors include: former U.S. Ambassador to Canada Gordon Giffin; former Georgia Attorney General Thurbert Baker ; former Washington, DC Mayor Anthony Williams; and former assistant to President William J. Clinton, Keith Mason to name a few.


We invite our readers to visit the blog and subscribe to updates at http://www.politicsandlawblog.com.  The Politics, Law and Policy blog can be found on Twitter at http://www.twitter.com/politics_law.

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Will the SEC File Investment Fraud Charges Against Credit-Rating Companies?

Image via Wikipedia According to the Wall Street Journal, in May 2011 the Securities and Exchange Commission (SEC) acknowledged that credit-rating agencies, desirous of pleasing the companies they rate, are sometimes less than objective in their evaluations. To mitigate this problem, the SEC has proposed that credit-rating firms operate under stricter guidelines. This month, the [...]

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HAPPY HOLIDAYS FROM GLI/GRIMES LEGAL INC.!

Wishing You and Yours Every Good Thing for the Holidays and the New Year!

http://grimeslegal.com/Site/GLIHolidayCard.pdf

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

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Voting While Subject to a Conflict of Interest is not "Free Speech"

A unanimous United States Supreme Court today confirmed what anyone not sitting on the Nevada Supreme Court would be presumed already to know: legislators do not have a free speech right to vote on a matter they would otherwise be prohibited from recording under a state’s code of ethics. While this ruling would not appear, on the surface, to be controversial, a careful read of the opinion reveals that the legislator in question, as well as the Nevada Supreme Court, missed an opportunity to challenge the extended scope of the code in a way that would have had direct relevance to the regulated pay-to-play community.


In this case, Nevada Commission on Ethics v. Carrigan, Sparks, Nevada City Councilmember Michael Carrigan voted to approve a hotel/casino deal that would have directly benefitted his long-time friend and campaign manager. Even in Nevada, that was considered a disqualifying conflict of interest under state law. Nonetheless, Carrigan took a shot at Frontier Justice and tried to argue that any law impairing his right to vote amounted to a denial of his constitutionally guaranteed right to free speech. The Nevada Supreme Court went along and dismissed the charges against Carrigan.

Because the Nevada court had ruled in such a broad fashion – virtually guaranteeing legislators the constitutional right to vote on a matter notwithstanding any state-imposed restrictions – it was relatively easy for outside observers to characterize the case as a “decision, [that] if upheld, threatened ethics laws nationwide”. The issue, thus framed, became relatively easy even for the chronically fractured Supreme Court.


Where opportunity for clarity was lost, unfortunately, was with respect to the permissible scope of ethics and pay-to-play laws in seeking to regulate behavior based on the conduct of others. One of the hallmarks of modern pay-to-play legislation is the need to prevent “circumvention” by casting ever-widening nets of relationships for which the regulated community is responsible for. This blog has bemoaned the compliance challenges posed by unreasonably broad compliance circles (such as http://www.paytoplaylawblog.com/2010/08/articles/alaska/alaska-gets-in-on-the...">here and here) and the issue has been taken up by the United States Second Court of Appeals.


In the present case, Nevada’s law prohibited legislators from voting on matters which might be impaired by the legislator’s “commitment” to members of his/her family, blood relatives, those related by adoption or marriage, employees, members of the household, and those with “substantial and continuing” business relationships with the officer. As if that weren’t vague enough, Carrigan actually got zapped on an even broader, and more vague, clause 281A.420(8)(e) capturing commitments or relationships “substantially similar” to those defined above. Such vague legislating would appear to be ripe for constitutional challenge. Unfortunately, as the U.S. Supreme Court gleefully pointed out in the last section of its opinion, Carrigan neglected to raise the issue in his petition for certiorari and the Court saw “no reason to sidestep” the rule that omitted arguments are considered waived.


It would thus appear that an opportunity to provide guidance, and pre-empt my whining about overbroad pay-to-play statutes, has been lost.

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Atlanta Update: Cooler Heads Prevail

Atlanta’s Fulton County Commission met yesterday as predicted http://www.paytoplaylawblog.com/2011/08/articles/georgia/atlanta-takes-anothe... ">here to take up its latest pay-to-play resolution. 


Everyone’s dying to know what happened. 


Drum roll . . . It failed.

Interestingly, Fulton County’s Commission didn’t simply reject the resolution, they made sure to give the bill sufficient medical attention to permit the orderlies to wheel it in to the room where they could execute it properly and with finality. The Atlanta Journal Constitution reported on the gruesome course of events thusly:


 Fulton County commissioners didn't just reject Vice Chair Emma Darnell's proposal to limit contractors' donations to political campaigns. They killed it.


Darnell sought to prohibit any company or individual from bidding for county work if they have donated more than $500 to a commission candidate, or have given gifts to commissioners or county employees, during the past year.


The board opposed the plan 4-2, then, on a motion from Commissioner Tom Lowe, voted 4-2 to officially deny it so it can't be brought up again. Lowe called the idea stupid and bad for business


Not everyone sees the issue the same way. On the same day Fulton County was doing its work, the Brigantine Beach, New Jersey, City Council voted a strikingly similar piece of legislation onto the books. The Brigantine Beach ordinance, based largely on an Atlantic County, NJ, ordinance, and drafted with the assistance of the Atlantic County counsel, bans all professional contractor contributions one year before bidding and limits success ful bidders to $300 candidate contributions after that with aggregate total limit contributions from a corporation holding a city contract to no more than $2,500 annually.


The regulatory patchwork continues to be sewn together stitch by stitch with no sign of uniformity on the horizon.

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Turning the Corner on the Big Roller Coaster Ride of BigLaw