Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Robert K. Kelner
From Incident Response to Congressional Response: Preparing for Oversight Before and After a Cybersecurity Incident
Caleb Skeath helps companies manage their most complex and highâstakes cybersecurity and data security challenges, combining deep regulatory insight, technical fluency, and practical judgment informed by leading incident response matters. Caleb Skeath advises inâhouse legal and security teams on the full lifecycle of cybersecurity and privacy risk—from governance and preparedness through incident response, regulatory engagement, and followâon litigation.
Defense 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 those prior alerts to address recent guidance posted by the Department of Defense.
Regulations Issued for New Restrictions on Defense Contractors Retaining Outside Consultants
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, took effect on June 30, 2026. Just before that date, the Department of Defense took steps to implement the prohibition in the Defense Federal Acquisition Regulation Supplement (“DFARS”) with a class deviation issued as part of the ongoing Revolutionary FAR Overhaul (“RFO”).
Congressional investigations are now a common reality across corporate America, and companies large and small are therefore more focused than ever on the potential effects of congressional inquiries into business activities, goals, and strategies.
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.
Senate Advances Bills To Broaden Foreign Agent Disclosures in Lobbying Reports
Shortly before adjourning for 2025, the Senate passed two bills to broaden disclosure and registration requirements related to the regulation of foreign agents under the Foreign Agents Registration Act (“FARA”) and the Lobbying Disclosure Act (“LDA”): the Disclosing Foreign Influence in Lobbying Act (S. 856 / H.R. 1883) and the Lobbying Disclosure Improvement Act (S. 865 / H.R. 1887).
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.
DOJ Posts (then Takes Down) Seventeen New Advisory Opinions Regarding the Foreign Agents Registration Act
Following an announcement last month that the White House intends to deploy the Foreign Agents Registration Act (“FARA”) to investigate persons with foreign ties that “foment political violence,” the FARA Unit of the Department of Justice (“DOJ”) quietly (and maybe inadvertently) published and then unpublished 17 new advisory opinions regarding FARA. Click here to read the full alert on cov.com.
Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress.
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 . . .
Don’t Get Stuck in the Revolving Door: A Primer on Federal Post-Government Employment Restrictions
Skip to content
Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election Season
With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes complicated—political law traps.
Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party Conventions
The Democratic and Republican National Party Conventions are a premiere forum for businesses and trade groups to elevate their priorities to candidates, elected officials, and staff. However, thanks to a complex regulatory regime, participation in convention events can invite scrutiny and legal trouble. The Republican Convention is scheduled to take place in Milwaukee from July 15 to 18 and the Democratic Convention will be held in Chicago from August 19 to 22.
Georgia Governor Vetoes “Baby” FARA Bill
Georgia Governor Brian Kemp has vetoed Georgia Senate Bill 368, which would have created a requirement in state law for certain “agents of foreign principals” to register and report certain lobbying and political activities in Georgia. This is the first of the wave of recently proposed baby FARA bills at the state level, designed to mirror the federal Foreign Agents Registration Act, that made it to a state governor’s desk, and also the first to be vetoed.
DOJ Officials' Remarks Signal New Trends In FARA Activity
ADVERTISEMENT Don't want ads? Subscribe or login now. By Robert Kelner, Brian Smith and Alexandra Langton (December 14, 2023, 3:46 PM EST) -- On Dec. 1, three top U.S. government officials responsible for enforcing the Foreign Agents Registration Act gave remarks at the American Conference Institute's 5th National Forum on FARA.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
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 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.
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.
Covington Releases Updated Survey of Federal and State Campaign Finance, Lobbying, and Gift Rules (2023 Edition)
Covington annually publishes a detailed survey of state campaign finance, lobbying, and gift rules. Now, for the first time, Covington is releasing an updated survey that details federal campaign finance, lobbying, and gift rules, in addition to those of the 50 states and the District of Columbia.
Tips for Responding To Corporate Political Disclosure Shareholder Proposals
Mellissa Campbell Duru is a Special Counsel in Covington’s Washington office and is a deputy co-leader of the firm’s ESG practice. She advises clients on U.S. securities regulation, capital markets transactions, and strategic corporate governance planning. She develops advisory guidance for public companies… Mellissa Campbell Duru is a Special Counsel in Covington’s Washington office and is a deputy co-leader of the firm’s ESG practice.
Tips for Responding To Corporate Political Disclosure Shareholder Proposals
February 16, 2023, Covington Alert The 2023 proxy season is underway for public companies and their investors. Corporate secretaries, lawyers, and executives are actively engaged in the SEC’s shareholder proposal process. Consistent with recent proxy seasons, a significant number of companies are receiving proposals calling for new or enhanced political disclosures.
Updated and Expanded: Covington Announces 2023 Edition of Pay-to-Play Rule Survey
Robert Lenhard is a member of the firm’s Election & Political Law practice group and advises corporations, trade associations, not-for-profit organizations, and high-net-worth individuals on compliance with federal and state campaign finance, lobbying, and government ethics laws.
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
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.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Robert K.
Contact Robert K., search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack