Photo of Holly Fechner

Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

Develop compelling public policy strategies
Research law and draft legislation and policy
Draft testimony, comments, fact sheets, letters and other documents
Advocate before Congress and the Executive Branch
Form and manage coalitions
Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, "Dealmaker of the Year" award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USA - America's Leading Business Lawyers from 2012 to the present. One client noted to Chambers: "Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters." According to another client surveyed by Chambers, "Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone's best work."

Contact:Read more about Holly FechnerEmail

Federal legislation to “pause” state artificial intelligence regulations will not become law—for now—after the Senate stripped the measure from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1).

The Senate voted 99–1 to strike the moratorium language from the bill during a marathon 27-hour “vote-a-rama” on July 1. The Senate voted 51–50, with Vice President J.D. Vance breaking the tie, to pass the bill (without the moratorium) and send it back to the House.  The House passed the Senate-amended bill on July 3 by a vote of 218–214, with all Democrats and two Republicans voting against.  President Trump signed the bill into law on July 4.Continue Reading Senate Nixes State AI Enforcement Moratorium, For Now

In a surprise move, Senate Parliamentarian Elizabeth MacDonough ruled that a proposed moratorium on state and local AI laws satisfies the Byrd Rule, the requirement that reconciliation bills contain only budgetary provisions and omit “extraneous” policy language.  While MacDonough’s determination allows the Senate Commerce Committee’s version of the moratorium to…

Continue Reading Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in Doubt

House Republicans have passed through committee a nationwide, 10-year moratorium on the enforcement of state and local laws and regulations that impose requirements on AI and automated decision systems.  The moratorium, which would not apply to laws that promote AI adoption, highlights the widening gap between a wave of new…

Continue Reading House Republicans Push for 10-Year Moratorium on State AI Laws

Friday the White House released an executive summary of the policy reviews President Trump ordered in his America First Trade Policy (AFTP) memorandum, issued on January 20.  Although the full report to the President is nonpublic, according to the executive summary it contains twenty-four chapters, organized into three main…

Continue Reading Agencies Deliver America First Trade Policy Recommendations to White House

Since taking office, President Trump has issued dozens of executive orders, many addressing key technology policy areas that include international trade and investment, artificial intelligence (AI),  connected vehicles and drones, and trade controls.  Some of these executive actions reverse the previous administration’s efforts on these issues—such as the order revoking President Biden’s October 2023 executive order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence—and others initiate a formal review process, suggesting the Trump Administration will preserve, and perhaps strengthen or enhance, key tech policies implemented by the Biden Administration and the first Trump term.  

Several of the executive actions President Trump has taken so far offer important opportunities for stakeholders to weigh in with Executive Branch agencies as they consider next steps, including whether to revoke, expand, or retain tech policies initiated under President Biden. Key initiatives include: 

America First Trade Policy

The President’s America First Trade Policy memorandum, issued on January 20, directs certain federal agencies to review policies issued by the Biden Administration.  The memo does not provide specifically for public comment opportunities with respect to these policy reviews, but it provides insight into how the Administration may modify Biden Administration policy actions.  We recommend that interested stakeholders engage to share their views with the Administration.  Three critical areas in particular will affect stakeholders across tech industries:

  • China and Intellectual Property: Section 3(e) of the memo directs the Commerce Secretary to the assess the status of United States intellectual property rights such as patents, copyrights, and trademarks conferred upon PRC persons” and to “make recommendations to ensure reciprocal and balanced treatment of intellectual property rights with the PRC.” 
  • Connected Vehicles:  Section 4(d) The memo directs the Commerce Secretary to “review and recommend appropriate action with respect to the rulemaking by the Office of Information and Communication Technology and Services (ICTS) on connected vehicles.”  The memo specifically directs the Secretary to consider whether ICTS controls should be “expanded to account for additional connected products.”
  • Outbound Investment:  Section 4(e) of the President’s memo directs the Treasury Secretary, in consultation with the Commerce Secretary, to review whether President Biden’s outbound executive order “should be modified or rescinded and replaced,” and to “assess whether the [Treasury Department outbound investment regulation] includes sufficient controls to address national security threats.”  This review dovetails with the President’s America First Investment Policy memo, issued on February 21, which equates U.S. national security and U.S. economic security, and directs agencies to streamline regulatory reviews to promote foreign investment in the United States.

Continue Reading Flurry of Trump Administration Executive Orders Shakes Up Tech Policy, Creates Industry Opportunities

On February 6, the White House Office of Science & Technology Policy (“OSTP”) and National Science Foundation (“NSF”) issued a Request for Information (“RFI”) seeking public input on the “Development of an Artificial Intelligence Action Plan.”  The RFI marks a first step toward the implementation of the Trump Administration’s January…

Continue Reading Trump Administration Seeks Public Comment on AI Action Plan

On January 29, Senator Josh Hawley (R-MO) introduced the Decoupling America’s Artificial Intelligence Capabilities from China Act (S. 321), one of the first bills of 119th Congress to address escalating U.S. competition with China on artificial intelligence.  The new legislation comes just days after Chinese AI company DeepSeek…

Continue Reading Senator Hawley Introduces Sweeping U.S.-China AI Decoupling Bill

U.S. Secretary of Commerce nominee Howard Lutnick delivered a detailed preview of what to expect from the Trump Administration on key issues around technology, trade, and intellectual property.  At his nomination hearing before the Senate Committee on Commerce, Science, and Transportation on Wednesday, January 29, Lutnick faced questions from senators about the future of the CHIPS and Science Act, global trade, and particularly U.S. technological competition with China, including export controls and artificial intelligence after the release of China’s AI model “DeepSeek.”  Lutnick, who was introduced by Vice President J.D. Vance, committed to implementing the Trump Administration’s America First agenda. 

If confirmed, Lutnick will lead the Commerce Department’s vast policy portfolio, including export controls for emerging technologies, broadband spectrum access and deployment, AI innovation, and climate and weather issues through the National Oceanic and Atmospheric Administration (“NOAA”).  In his responses to senators’ questions, Lutnick emphasized his pro-business approach and his intent to implement President Trump’s policy objectives including bringing manufacturing—particularly of semiconductors—back to the United States and establishing “reciprocity” with China in response to what he called “unfair” treatment of U.S. businesses.

Technology Competition with China, Export Controls, and Intellectual Property

Senators on both sides of the aisle asked Lutnick about the threat of Chinese competition in emerging technologies, such as AI.  Lutnick stated that it is evident the Chinese used “stolen” and “leveraged” U.S. technologies to develop DeepSeek and that the United States needs to stop China from “using our tools to compete with us.” 

Lutnick noted that China has found ways to evade U.S. export controls and that, under his direction, the Commerce Department will reinforce these controls with punitive tariffs to ensure compliance.  Lutnick also criticized the Chinese for refusing to respect U.S. innovators’ IP in China, stating that the Chinese should expect the same treatment in the United States under a new policy of “reciprocity.”  As Commerce Secretary, Lutnick will oversee the Bureau of Industry and Security (“BIS”) and the U.S. Patent and Trademark Office (“USPTO”), which he noted will carry out the Trump Administration’s America First agenda, including by preventing the Chinese from “abusing” the U.S. patent system.  In response to questioning from Senator Marsha Blackburn (R-TN), Lutnick also stated that he would work to reduce the backlog of patent applications pending at the USPTO. Continue Reading What Commerce Secretary Nominee Howard Lutnick’s Confirmation Hearing Tells us about Technology Policy in the Trump Administration

With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th.  If history is any guide, this change in party control of the White House, plus unified control of Congress by the president’s party, will pave the way for Republicans to deploy the Congressional Review Act (CRA) to overturn a number of regulations issued by the Biden Administration.  When President Trump first took office in 2017, congressional Republicans used the CRA to overturn more than a dozen rules promulgated by the Obama Administration.   

The CRA mandates federal agencies to submit all final rules to Congress before the rule takes effect.  Then, Congress has 60 days to overturn a rule by enacting a joint resolution of disapproval that withdraws the rule and prohibits the agency from issuing a rule that is “substantially the same.”  However, if a rule is submitted to Congress within 60 days before adjournment, the CRA’s “lookback period” allows additional time—a new 60-day period—for the new Congress to review the rule and introduce a resolution of disapproval.  If a rule has already taken effect when a CRA resolution is signed into law, the rule “shall be treated as though such rule had never taken effect.” 5 U.S.C. § 801(f). 

Although the House and Senate parliamentarians make the official determination of whether a particular rule falls within the lookback period when a disapproval resolution is introduced, the Congressional Research Service estimates that rules submitted to Congress on or after August 1, 2024 are likely subject to possible nullification. The CRA allows members of Congress to introduce resolutions of disapproval starting on the 15th day of the new session. Under the current congressional schedules, Senators may introduce CRA resolutions starting around January 23, 2025, and Representatives may introduce CRA resolutions starting around February 5, 2025.

Many federal agencies operated under an earlier deadline and thus prioritized finalizing and submitting high-priority rules this spring—including those “significant rules” defined in Executive Order 12866, as amended by Executive Order 14094, that are predicted to have an annual impact of $200 million or more on the economy.  Because these rules were submitted earlier, they will likely fall outside the CRS’s estimated CRA lookback window.  The George Washington University Regulatory Study Center estimates approximately 100 of these significant rules may fall into the CRA window, which is likely fewer than in prior changes in administrations, in part due to early agency action.  However, there are more than 1,000 rules that could ultimately be subject to disapproval under the CRA in the new Congress.    Continue Reading Biden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress

The results of the 2024 U.S. election are expected to have significant implications for AI legislation and regulation at both the federal and state level. 

Like the first Trump Administration, the second Trump Administration is likely to prioritize AI innovation, R&D, national security uses of AI, and U.S. private sector investment and leadership in AI.  Although recent AI model testing and reporting requirements established by the Biden Administration may be halted or revoked, efforts to promote private-sector innovation and competition with China are expected to continue.  And while antitrust enforcement involving large technology companies may continue in the Trump Administration, more prescriptive AI rulemaking efforts such as those launched by the current leadership of the Federal Trade Commission (“FTC”) are likely to be curtailed substantially.

In the House and Senate, Republican majorities are likely to adopt priorities similar to those of the Trump Administration, with a continued focus on AI-generated deepfakes and prohibitions on the use of AI for government surveillance and content moderation. 

At the state level, legislatures in California, Texas, Colorado, Connecticut, and others likely will advance AI legislation on issues ranging from algorithmic discrimination to digital replicas and generative AI watermarking. 

This post covers the effects of the recent U.S. election on these areas and what to expect as we enter 2025.  (Click here for our summary of the 2024 election implications on AI-related industrial policy and competition with China.)

The White House

As stated in the Republican Party’s 2024 platform and by the president-elect on the campaign trail, the incoming Trump Administration plans to revoke President Biden’s October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“2023 AI EO”).  The incoming administration also is expected to halt ongoing agency rulemakings related to AI, including a Department of Commerce rulemaking to implement the 2023 AI EO’s dual-use foundation model reporting and red-team testing requirements.  President-elect Trump’s intention to re-nominate Russell Vought as Director of the Office of Management and Budget (“OMB”) suggests that a light-touch approach to AI regulation may be taken across all federal agencies.  As OMB Director in the prior Trump Administration, Vought issued a memo directing federal agencies to “avoid regulatory or non-regulatory actions that needlessly hamper AI innovation and growth.”Continue Reading U.S. AI Policy Expectations in the Trump Administration, GOP Congress, and the States