Practices  |  Election Law & Government Ethics

Federal & State Pay-to-Play


The regulation of political contributions by persons seeking or holding government contracts—“pay-to-play”—continues to grow. Wiley Rein advises clients regarding compliance with these complex federal, state, and local pay-to-play laws. 

At the federal level, we routinely provide counsel to companies in the financial services industry, trade associations, and their political action committees (PACs) regarding Municipal Securities Rulemaking Board (MSRB) Rules G-37 and G-38, Securities and Exchange Commission (SEC) Rule 206(4)-5, and Commodity Futures Trading Commission (CFTC) Rule 23.451. 

We also assist corporations in complying with the pay-to-play restrictions that have proliferated at the state and local levels. These rules, which impact all types of government contractors, often reach beyond corporate and PAC contributions and apply to contributions by directors, officers, sales employees, and even their spouses. We have helped numerous clients develop and implement pay-to-play compliance processes, which often involve political contribution pre-clearance programs. Our semiannual State and Municipal Pay-to-Play Survey provides a comprehensive overview of the pay-to-play laws in states and major municipalities. 

News & Insights

News & Insights