Takeaways

Communicating with government officials to influence them as they define or interpret what an “essential business activity” is under applicable COVID-19 executive orders or regulatory guidelines is likely lobbying and may trigger registration and disclosure obligations.
Communicating with government officials in order to understand how they interpret or apply a state or local “shelter-in-place” or social distancing order is most likely not considered lobbying.
Before engaging in direct communications with government officials at any level of government, consider whether you may be triggering lobbying laws, and seek counsel if necessary.

The COVID-19 pandemic is not only a health crisis around the globe, but it is also significantly impacting the economy and the way companies and organizations conduct business and daily operations. Companies and organizations are currently navigating legal and policy concerns, and that likely means amping up advocacy efforts with federal, state and local government officials. The laws that apply to lobbying activities vary widely across the country. Don’t let the complexity cause you to violate the law. Awareness and good legal advice will help keep you compliant.

Are you or your agents communicating directly with government officials on COVID-19 legislation, policy concerns and regulatory guidelines? Are those communications attempting to influence the government officials to take some sort of action? If the answer is yes, you may be triggering lobbying registration and disclosure requirements, depending on the laws regulating that particular jurisdiction.

With each passing day, new shelter-in-place orders are being issued across the country. Additionally, regulators and lawmakers are enacting new laws to assist during this unprecedented and challenging time. If you are merely trying to understand these new laws and shelter-in-place orders and how they are interpreted or impact your company or organization, you are likely not lobbying, because there is no attempt to influence. However, if you are attempting to influence the government officials to interpret the law a certain way, to enact a new law or add an exception or provision to a proposed law, this action very likely constitutes lobbying.

Lobbying laws vary from jurisdiction to jurisdiction. That fact makes them very daunting. The Lobbying Disclosure Act of 1995 regulates attempts to lobby the federal government. Meanwhile, every state has its own lobbying laws, and even local governments have adopted lobbying ordinances. Typically, to trigger a lobbying law, someone must be compensated to make a direct communication with a government official or employee for the purpose of influencing that official or employee. Some jurisdictions require registration prior to making the first communication with an official or employee.

While many regulators acknowledge we are living in crisis while navigating through new waters, and we don’t anticipate they will go looking for or penalizing inadvertent violations during this time, compliance with these laws is still expected. Requirements should be followed and deadlines met to the best of your ability.

These and any accompanying materials are not legal advice, are not a complete summary of the subject matter, and are subject to the terms of use found at: https://www.pillsburylaw.com/en/terms-of-use.html. We recommend that you obtain separate legal advice.