Late Friday afternoon, the U.S. Supreme Court granted a stay of the Fourth Circuit’s decision setting aside the FCC Media Bureau’s guidance on entitlement to the lowest unit charge (“LUC”) for certain political ads placed on broadcast TV and radio. See our prior post about this issue here. Notably
Continue Reading Supreme Court Action Revives FCC Media Bureau’s Political Ad Guidance
Robert Kelner
Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group. He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.
Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.
He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.
Rob's political law clients include numerous multinational corporations, many of which are household names. He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee. He also advises Presidential political appointees on the complex vetting and confirmation process.
As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee. He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees. He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers. In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.
Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.
Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm. He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.
SEC Proposes to Repeal Longstanding Pay-to-Play Restrictions on Investment Advisers
On September 3, 2026, the Securities and Exchange Commission (“SEC”) voted to propose rescinding in its entirety Rule 206(4)-5 under the Investment Advisers Act of 1940, the agency’s longstanding “pay-to-play rule” applicable to investment advisers. If finalized, the proposal would eliminate the most significant federal political law compliance regime for…
Continue Reading SEC Proposes to Repeal Longstanding Pay-to-Play Restrictions on Investment AdvisersFourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step In
On August 25, 2026, a divided panel of the U.S. Court of Appeals for the Fourth Circuit set aside guidance by the FCC’s Media Bureau stating that two types of political advertising were entitled to the favorable “lowest unit charge” (“LUC”) rate: ads paid for as “party coordinated expenditures,” meaning ads paid for by a party in coordination with a federal candidate, and ads placed by joint fundraising committees involving a federal candidate. This question had become particularly salient after the Supreme Court’s decision in June that struck down limits on party coordinated expenditures, allowing unlimited party spending in coordination with candidates, as we explained here. The Fourth Circuit’s ruling was in response to a challenge to the Media Bureau’s Public Notice by four Democratic candidates for federal office. The ongoing litigation has a direct and immediate impact on broadcasters and political advertisers, but its broader significance may lie in what the Fourth Circuit said about judicial review of bureau-level FCC actions.
Continue Reading Fourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step InDOJ Signals it will Move Forward with Significant Revisions to FARA Regulations
In an August 2026 Unified Agenda entry, the Department of Justice (“DOJ”) stated that it intends to complete its long-running effort to revise the regulations implementing the Foreign Agents Registration Act (“FARA”). The National Security Division (“NSD”) stated that it is considering a final rule that would adopt “many…
Continue Reading DOJ Signals it will Move Forward with Significant Revisions to FARA RegulationsDefense Department Publishes Guidance Page Concerning Restrictions on Defense Contractors Retaining Outside Consultants
Over the last month, we have issued multiple client alerts outlining developments related to the Chinese military company covered lobbyist prohibition enacted by Section 851 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2025, codified at 10 U.S.C. § 4663. This is a follow-up to…
Continue Reading Defense Department Publishes Guidance Page Concerning Restrictions on Defense Contractors Retaining Outside ConsultantsGovernment Contractors Face Unique Risks Amid Growing Congressional Scrutiny
In recent years, investigators in Congress have ramped up scrutiny of government contractors and other recipients of federal funds. This trend has only accelerated in the current Congress, with Republican-led committees pursuing expansive inquiries targeting a wide variety of federal contractors and grantees. Along with familiar allegations of waste or…
Continue Reading Government Contractors Face Unique Risks Amid Growing Congressional ScrutinySupreme Court Decision in National Republican Senatorial Committee v. Federal Election Commission Empowers Political Parties, Calls Other Restrictions into Question
In a major decision today, the Supreme Court in NRSC v. FEC struck down longstanding limits on “coordinated party expenditures” that restricted the amounts political parties could spend in coordination with federal candidates. With this decision, national party committees and the federal accounts of state parties can now spend unlimited…
Continue Reading Supreme Court Decision in National Republican Senatorial Committee v. Federal Election Commission Empowers Political Parties, Calls Other Restrictions into QuestionCovington Launches Election Year Toolkit
As the election season intensifies, companies face a rapidly evolving landscape of regulatory, compliance, and reputational considerations. With heightened scrutiny on political engagement, lobbying, campaign finance, and communications, organizations must be prepared to navigate complex and fast-moving legal requirements.
Drawing on our deep experience in election and political law, public…
Continue Reading Covington Launches Election Year ToolkitToday’s Press Release Could Be Tomorrow’s Subpoena: Bracing For the Possibility of Democratic Congressional Investigations
With fewer than 180 days until the midterm elections, Democratic Members of Congress are laying the groundwork for future congressional investigations in the event the party regains control of one or both chambers next year. Even as Democratic Members prepare for the possibility of winning the majority, developments such as…
Continue Reading Today’s Press Release Could Be Tomorrow’s Subpoena: Bracing For the Possibility of Democratic Congressional InvestigationsCovington Announces Political Law Survey (2026 Edition)
Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of political laws for 2026.
Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate federal or state laws governing corporate and personal political activities, the registration of…
Continue Reading Covington Announces Political Law Survey (2026 Edition)