Brian Smith
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Articles by Brian Smith
Rare House Contempt Resolutions Signal Heightened Risks for Private Parties
Earlier this month, the House of Representatives adopted resolutions holding two witnesses in contempt of Congress for failing to comply with subpoenas issued by the House Committee on Ethics in connection with the Committee’s investigation of alleged congressional ethics violations by former Representative Sheila Cherfilus-McCormick (D-Fla.).
2025 Aviation Bankruptcy Update
Holland & Knight are most popular: within Strategy topic(s) In keeping with the past five years, 2025 has continued to be an active time for airline restructurings and liquidations. The two largest U.S. aviation Chapter 11 proceedings that commenced during 2024, Spirit Airlines and GOL, both concluded during the first half of 2025 by successfully confirming a Chapter 11 plan of reorganization.
Democratic Investigations Agenda is Coming Into Focus
If the upcoming midterm elections result in a Democratic majority in the House next year, companies, organizations, and individuals can expect a new wave of congressional investigations, hearings, and oversight, with a familiar focus on the Trump administration and an emphasis on a variety of private sector targets.
Practical Advice for Nonprofits and Donors After the Presidential Memorandum on “Countering Domestic Terrorism and Organized Political Violence” and Reported IRS Enforcement Changes
Drawing on his experience as a senior DOJ official and leading international anti-corruption practitioner, Peter Koski represents companies and individuals in sensitive, high-stakes government and regulatory enforcement matters and internal investigations. Peter has a depth of experience investigating, bringing to trial, and handling on appeal complex white collar matters involving the public and private sectors.
Travel Insurance And Alcohol: What Every Canadian Needs To Know
For many Canadians, vacation time means escaping the cold, and for some, that also means enjoying a drink or two. If you plan on drinking during your travels, it'simportant to know how alcohol could impactyour travel insurance coverage. ManyCanadiansbuy travel insurance, either on their own, through a benefits plan, or by relyingon what'soffered by their credit cards. However, if you have alcohol in your system when a medical emergency occurs, your insurance might not cover you.
Attorney General Issues Memorandum Regarding FARA Criminal Enforcement
On her first day in office, Attorney General Pam Bondi issued a significant memorandum to all Department of Justice employees regarding the Department’s criminal enforcement policies, including a notable directive related to the Foreign Agents Registration Act (“FARA”). The memorandum provides that “[r]ecourse to criminal charges under the Foreign Agents Registration Act . . .
Vendor Management Governance As A Driver Of Value In Complex Service Delivery Models
The role of vendor management is to manage effective service delivery, minimize risk, drive cost savings and, overall, improve the services that are provided through outsourced contracts. While the discipline of vendor management as part of an overall governance framework has been around for a number of years, deployment is often immature. With today's new services, tools and technologies, the opportunity to realize value from a comprehensive approach to vendor management has never been greater.
Employment and HR
As previously alerted, the Federal Trade Commission (FTC or Commission) voted 3-2 this past April to publish and issue a final rule that (1) bans for-profit employers from entering into agreements with workers that impose a restriction on their ability to compete with the employer (Noncompetes), and (2) prevents employers from enforcing existing Noncompetes against most workers (Final Rule). This nationwide ban was set to take effect on 4 September 2024.
Challenge Denied: District Court Rules That FTC's Impending Nationwide Ban on Non-Competes Is Unlawful and Blocks Its Implementation
As previously alerted, the Federal Trade Commission (FTC or Commission) voted 3-2 this past April to publish and issue a final rule that (1) bans for-profit employers from entering into agreements with workers that impose a restriction on their ability to compete with the employer (Noncompetes), and (2) prevents employers from enforcing existing Noncompetes against most workers (Final Rule). This nationwide ban was set to take effect on 4 September 2024.
Challenge Denied: District Court Rules That FTC's Impending Nationwide Ban on Non-Competes Is Unlawful and Blocks Its Implementation
21 August 2024 US Labor, Employment, and Workplace Safety Alert As previously alerted, the Federal Trade Commission (FTC or Commission) voted 3-2 this past April to publish and issue a final rule that (1) bans for-profit employers from entering into agreements with workers that impose a restriction on their ability to compete with the employer (Noncompetes), and (2) prevents employers from enforcing existing Noncompetes against most workers (Final Rule).
Challenge Accepted: Federal Trade Commission Issues Final Rule Banning Noncompete Agreements For Most Workers
On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: Bans for-profit employers from entering into agreements with workers that impose a restriction on their ability to compete with the employer (Non-Competes) on or after the Final Rule's effective date; and Prevents employers from enforcing existing Non-Competes against most workers.
Challenge Accepted: Federal Trade Commission Issues Final Rule Banning Noncompete Agreements for Most Workers
On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from entering into agreements with workers that impose a restriction on their ability to compete with the employer (Non-Competes) on or after the Final Rule’s effective date; and prevents employers from enforcing existing Non-Competes against most workers.
FABTECH Canada Returning to Toronto June 11-13 Original
TORONTO, Jan. 17, 2024 (GLOBE NEWSWIRE) -- FABTECH Canada, the country’s largest metal forming, fabricating, welding and finishing event, has officially announced registration is open. The 2024 event is returning to the Toronto Congress Centre June 11-13, 2024.
DOJ Jettisons Its Last Criminal No-Poach Prosecution, but Antitrust Scrutiny of Labor Markets is Here to Stay | JD Supra
Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily dismissed its last remaining criminal prosecution for alleged “no-poach” agreements, seemingly marking the end of the Division’s four-year odyssey to secure a criminal conviction for conduct related to labor competition.
DOJ Jettisons Its Last Criminal No-Poach Prosecution, but Antitrust Scrutiny of Labor Markets is Here to Stay
21 December 2023 US Policy and Regulatory Alert Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily dismissed its last remaining criminal prosecution for alleged “no-poach” agreements, seemingly marking the end of the Division’s four-year odyssey to secure a criminal conviction for conduct related to labor competition.
DOJ Officials Signal New Trends in Enforcement and Interpretation of the Foreign Agents Registration Act
Robert Kelner is the chair of Covington’s Election and Political Law Practice Group. Mr. Kelner provides political law compliance advice to a wide range of corporate and political clients. His compliance practice focuses on federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws, as well as legal ethics rules.
Congress Removes Foreign Agents Registration Act (“FARA”)-Related Provisions from Final NDAA
Today, Congress announced the final version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024. The NDAA is an annual bill that contains important provisions related to the Department of Defense and international security, among other things.
Congress Removes Foreign Agents Registration Act (“FARA”)-Related Provisions from Final NDAA
Today, Congress announced the final version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024. The NDAA is an annual bill that contains important provisions related to the Department of Defense and international security, among other things.
Congress Removes Foreign Agents Registration Act (“FARA”)-Related Provisions from Final NDAA
Today, Congress announced the final version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024. The NDAA is an annual bill that contains important provisions related to the Department of Defense and international security, among other things.
Assembly Bill 334 (2023): CA Legislature Eases Conflict of Interests Law for Public Works
Government Code section 1090 (“Section 1090”) prohibits public “officers” and “employees” from being financially interested in contracts “made” by such individuals in their official capacity. Over the years, however, California courts have broadly interpreted Section 1090.
Private Capital Conversations: Estate Planning
Click here to watch the video Schulte partners Laura Angel-Lalanne, Daniel Blumenthal, Marnie Grossman and Brian Smith discuss basic estate planning documents that a client should consider, as well as how to meld estate planning thoughts and objectives with fund documents. They also detail grantor retained annuity trusts, gift tax planning and the role philanthropy plays in wealth transfer.
FTC Joins DOJ In Withdrawing From Long-Standing Health Care Antitrust Policy Statements - Antitrust, EU Competition - United States
On 14 July 2023, the Federal Trade Commission (FTC) joined the Department of Justice Antitrust Division (DOJ) in withdrawing from three long-standing antitrust policy statements related to enforcement in the health care industry. The policy statements laid out antitrust safety zones for certain collaborations in the health care industry.
FTC Joins DOJ in Withdrawing from Long-Standing Health Care Antitrust Policy Statements
25 July 2023 US Policy and Regulatory Alert On 14 July 2023, the Federal Trade Commission (FTC) joined the Department of Justice Antitrust Division (DOJ) in withdrawing from three long-standing antitrust policy statements related to enforcement in the health care industry. The policy statements laid out antitrust safety zones for certain collaborations in the health care industry.
Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress.
Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress.
FARA Advisory Opinions Raise Questions For Digital Media
By Robert Kelner, Brian Smith and Alexandra Langton (July 5, 2023, 4:15 PM EDT) -- The U.S. Department of Justice's Foreign Agents Registration Act Unit recently released several new advisory opinions that could have interesting implications for digital media platforms.... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries.
Leadership Matters: The importance of integrating diversity, equity and inclusion in business
One of the biggest challenges businesses continue to face today is understanding how to effectively integrate diversity, equity and inclusion into their strategy and culture. A lack of DEI or its mismanagement can have a significant negative impact on organizations, and falling behind on addressing related issues can be quite daunting.
DOJ Releases New FARA Advisory Opinions Affecting Digital Media Platforms
May 31, 2023, Covington Alert The Department of Justice (“DOJ”)’s FARA Unit released several new advisory opinions in recent weeks that interpret the Foreign Agents Registration Act (“FARA”) and its regulations. While the newly published opinions addressed a number of topics, the FARA Unit’s broad reading of the FARA triggers and the jurisdictional scope of the statute are common themes.
DOJ Releases New FARA Advisory Opinions Affecting Digital Media Platforms
The Department of Justice’s FARA Unit released several new advisory opinions in recent weeks that interpret the Foreign Agents Registration Act (“FARA”) and its regulations. While the newly published opinions addressed a number of topics, the FARA Unit’s broad reading of the FARA triggers and the jurisdictional scope of the statute are common themes.
DOJ Releases New FARA Advisory Opinions Affecting Digital Media Platforms
The Department of Justice (“DOJ”)’s FARA Unit released several new advisory opinions in recent weeks that interpret the Foreign Agents Registration Act (“FARA”) and its regulations. While the newly published opinions addressed a number of topics, the FARA Unit’s broad reading of the FARA triggers and the jurisdictional scope of the statute are common themes.
Newly Published “Oversight Plan” Outlines the House’s Investigative Priorities
Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks. Angelle’s practice focuses on defending companies and individuals in high-profile congressional investigations, as well as other criminal, civil, and internal investigations.
Sheriff raises concerns about legalized recreational cannabis
As sheriff of Kanabec County, I was elected to enforce our laws and keep the public safe. With the Minnesota Legislature considering the legalization of recreational cannabis, my job may be changing substantially in the near future. These bills have been moving through the legislature at a rapid pace, and I am concerned that state lawmakers may not address some key public safety issues that would arise if cannabis is legalized this session.
DOJ Withdraws Long-Standing Health Care Antitrust Policy Statements
By Lauren Norris Donahue & Brian Smith, K&L Gates LLP On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced its withdrawal of three long-standing antitrust policy statements related to enforcement in the health care industry. The policy statements were issued jointly with the Federal Trade Commission (FTC), which has not yet announced a similar withdrawal but it is anticipated to follow suit.
DOJ Antitrust Division Indicates Increased Scrutiny of Information Sharing and Use of Pricing Algorithms
15 February 2023 U.S. Policy and Regulatory Alert On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced significant changes to its review of companies’ information sharing practices, withdrawing three policy statements that previously outlined safe harbors for information sharing in the healthcare industry, but indicating that the increased scrutiny would apply to other industries as well.
DOJ Antitrust Division Indicates Increased Scrutiny of Information Sharing & Use of Pricing Algorithms
On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced significant changes to its review of companies’ information sharing practices, withdrawing three policy statements that previously outlined safe harbors for information sharing in the healthcare industry, but indicating that the increased scrutiny would apply to other industries as well.
DOJ Withdraws Long-Standing Health Care Antitrust Policy Statements
On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced its withdrawal of three long-standing antitrust policy statements related to enforcement in the health care industry. The policy statements were issued jointly with the Federal Trade Commission (FTC), which has not yet announced a similar withdrawal but it is anticipated to follow suit.
The Foreign Agents Registration Act (FARA): A Guide for the Perplexed
*This guide was originally published in 2018 and we have updated it periodically. January 31, 2023, Covington Guide In 1938, Congress enacted the Foreign Agents Registration Act (“FARA”), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion.
Covington Releases Updated Version of "FARA: A Guide for the Perplexed"
Elizabeth Upton is a member of the Election and Political Law Practice Group in the Washington, DC office, representing and counseling corporate, political, and individual clients in matters before government agencies and Congress.
The Foreign Agents Registration Act (FARA): A Guide for the Perplexed
*This guide was originally published in 2018 and we have updated it periodically. In 1938, Congress enacted the Foreign Agents Registration Act ("FARA"), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion.
Preparing for Investigations by the New House Select Committee on China
The House of Representatives formally established the new “Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party,” with a bipartisan vote of 365-65. The Select Committee, to be chaired by Rep. Mike Gallagher (R-WI), a former military intelligence officer who also serves on the House Intelligence Committee, has been in the works for some time.
Preparing for Investigations by the New House Select Committee on China
The House of Representatives formally established the new “Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party,” with a bipartisan vote of 365-65. The Select Committee, to be chaired by Rep. Mike Gallagher (R-WI), a former military intelligence officer who also serves on the House Intelligence Committee, has been in the works for some time.
Preparing for Investigations by the New House Select Committee on China
Recently, the House of Representatives formally established the new “Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party,” with a bipartisan vote of 365-65. The Select Committee, to be chaired by Rep. Mike Gallagher (R-WI), a former military intelligence officer who also serves on the House Intelligence Committee, has been in the works for some time.
FARA Reform Legislative Activity Heats Up
There is near universal agreement among policymakers, lawyers, and lobbyists that the Foreign Agents Registration Act (“FARA”) is deeply in need of legislative reforms to update the statute and bring it in line with modern practices. Agreeing on specific amendments, however, has been challenging, and several prior efforts ended with no new enactments, as we have chronicled. In recent weeks, there has been an increase in legislative activity, and one provision nearly became law.
Governing the Senate in the 118th Congress
With Senate Democrats having secured the 50th vote needed to maintain control of the Senate, both parties are eagerly awaiting the results of the Georgia runoff on December 6 between Democratic Senator Raphael Warnock (D-GA) and Republican candidate Herschel Walker. If Walker wins, the Senate will be split 50-50. The implications of a 51–49 Democratic majority versus a 50–50 Democratic majority are significant.
January 6 Committee Filing Provides Further Support for Parties Asserting Attorney-Client Privilege in Congressional Investigations
Yesterday, the House Select Committee to Investigate the January 6th Attack on the United States Capitol filed a highly consequential brief in ongoing litigation relating to a subpoena seeking documents involving attorney John Eastman’s alleged participation in efforts to thwart Congress’s certification of the results of the 2020 Presidential election.
January 6 Committee Filing Provides Further Support for Parties Asserting Attorney-Client Privilege in Congressional Investigations
Yesterday, the House Select Committee to Investigate the January 6th Attack on the United States Capitol filed a highly consequential brief in ongoing litigation relating to a subpoena seeking documents involving attorney John Eastman’s alleged participation in efforts to thwart Congress’s certification of the results of the 2020 Presidential election.
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