Berke | Farah LLP

Navigating the Law of Politics (and more)

Politics has become a regulated industry.  At Berke Farah LLP,  we provide legal advice and counsel to help clients navigate all aspects of the political process including campaign finance & election law, government ethics, lobbying law, corporate anti-corruption compliance, government investigations, non-profits, and fundraising  as well as on white collar criminal defense, regulatory, and corporate governance. Our clients include Fortune 500 companies, national trade associations, lobbying and public relations firms, political committees, Members of Congress (including senior leadership) and Presidential campaigns.

                                  

Elliot S. Berke Representational Experience

  • Serve as outside counsel to members of Congress and their campaigns and PACs, including House Majority Whip Kevin McCarthy, House Republican Conference Chair Cathy McMorris Rodgers, House Transportation Committee Chairman Bill Shuster, and House Homeland Security Chairman Michael McCaul.

  • Representation of corporations, private equity firms, trade associations and lobbying firms on corporate governance and compliance issues, including on lobbying and political activity.

  • Representation of non-profits on governance and compliance issues, including the Jack Kemp Foundation, the Robert Duvall Children’s Fund, Joe Walsh's Vets-Aid, the American Energy Alliance, the Bipartisan Policy Center, and the Mercatus Center.

  • Representation of presidential nominees thru the confirmation process during three administrations, including Governor Rick Perry as Secretary of Energy and other senior officials in the Trump Administration.

  • Representation of high net worth donors and private equity firms on political activity and giving.

  • Representation of the Governor and State of Oregon as Special Assistant Attorney General before the House Committee on Oversight and Government Reform and Senate Committee on Finance.

  • Representation of clients on book, TV, and radio contracts.

  • Representation of clients on separation agreements.

  • Representation of multiple members of Congress and congressional staff before the House and Senate Ethics Committees and the Office of Congressional Ethics, and on Financial Disclosure and Stock Act compliance.

  • Representation of individuals in political corruption and Foreign Corrupt Practices Act investigations before the Justice Department, Offices of Inspectors General, the Office of Special Counsel, and Congress.

  • Representation of federal party committees, campaign committees, PACs, Super PACs and state candidates and parties before the FEC and state agencies on audits and investigations.

  • Representation of event producers and charities on fundraising events featuring such entertainers as Robert Duvall, Maya Angelou, Jeff Bridges, Trace Adkins, Kid Rock, Journey, Lynyrd Skynyrd, Camp Freddy/Royal Machines, Roger Daltrey, Billy F Gibbons, and Big & Rich. 

  • Representation of the interests of Romney for President on ballot issues in Virginia.

  • Representation of a senior democratic lobbyist in the congressional and Justice Department investigations into the PMA Group.

  • Representation of a former departmental deputy chief of staff before the Office of Special Counsel.

  • Schaghticoke Tribal Nation v. Dirk Kempthorne, Secretary of the Interior. Representation of the chief operating officer of the Barbour Griffith & Rogers lobbying firm in federal court.

  • United States v. Rayburn House Office Building, Room 2113. Representation of amici curiae brief before the Supreme Court of the United States.

William J. Farah Representational Experience

  • Served as General Counsel to Biden for President (2007-08) and Clark for President (2003-04) with responsibility for all legal matters relating to the campaign, including: campaign finance and government ethics laws; non-profit formation and governance; campaign contracts, agreements, leases and other commercial arrangements involving consultants, vendors, landlords, event sites and financial institutions; application of intellectual property, employment and tax laws to the campaign and its activities; and overseeing the post-election wind-up, including mandatory Federal Election Commission audit, of campaign affairs.

  • Effectively represented a cabinet member and several ambassadors seeking Senate confirmation, providing the nominee with legal advice in regards to the vetting process and background investigation, financial disclosure, resolving financial conflicts of interest, separation agreements, responding to White House, agency and/or Senate committee inquiries (formal and informal), and preparing the nominee for his/her Senate confirmation hearing.

  • Represented nationally-known U.S. Senators on campaign finance and government ethics law matters. This included conducting regular ethics review sessions for Senate staff and campaign staff.

  • Prepared corporate executives of various companies for grand jury and congressional testimony, as well as government interviews and depositions in connection with enforcement and other investigative proceedings.

  • Counseled corporate and campaign committee clients on document production in response to government subpoenas and other investigative inquiries.

  • Conducted an extensive internal investigation for a healthcare company concerning potentially illegal political contributions made by its former executives, preparing a report to the company’s board of directors, representing the company in a voluntary disclosure made to the U.S. Government (Department of Justice and Federal Election Commission) and negotiating a settlement with the U.S. Government to resolve the company’s legal exposure.

  • Obtained dismissal of charges against a federal employee accused of violating the Hatch Act and related agency policies in proceedings before the U.S. Office of Special Counsel, the Merit Systems Protection Board and the Office of Inspector General of the employee’s agency.

  • Represents one of America’s leading financial institutions when it makes loans and offers other financial services to political organizations, preparing documentation, negotiating terms and advising on application of campaign finance law.

  • Advised a financial institution and a private equity firm in adapting internal compliance programs for SEC and MSRB political activity rules.

  • Conducted an internal audit (including recommendations) of a national trade association with a large federal affairs program and PAC for compliance with federal campaign finance, lobbying and gift/gratuity laws.

  • Prepared clients for GAO audits conducted pursuant to the Honest Leadership & Open Government Act’s lobbyist reporting and documentation requirements.

  • Led large legal team assembled by Fortune 500 company on $1.2 billion bid to acquire and privatize government asset (US Enrichment Corporation).

  • Prepared training materials and conducted Foreign Corrupt Practices Act (“FCPA”) training sessions on site for clients, including a U.S. exporter of technology and munitions and a multinational energy company.

  • Prepared training materials and conducted training sessions for official staff and campaign staff of two U.S. Senators in order to promote compliance with federal campaign finance law and Senate ethics rules.

  • Developed comprehensive political law compliance policies and procedures for a major U.S. pharmaceutical company.

  • Assisted a large commercial air carrier in developing and implementing gift/gratuity policies and procedures relating to government officials (U.S. and foreign).

  •  Represented clients who had discovered serious misreporting and/or mismanagement of PAC or campaign committee funds, identifying the source of the problem and recommending corrective action.

  • Represented private entities and individuals in connection with Office of Congressional Ethics investigations into possible misconduct by Members of Congress.

  • Represented corporate, trade association, campaign and PAC clients in Federal Election Commission enforcement matters.

  •  Assisted Members of Congress, congressional staff and executive branch officials prepare financial disclosure statements.

  • Represented executive branch official in settlement with U.S. Department of Justice for failure to properly disclose stock options found to pose a financial conflict of interest with the official’s government duties.