Profile

As he has done for 20 years, Mark advises clients on a wide array of international, federal, state, and local campaign finance, lobbying, ethics, and pay-to-play laws. His clients include Fortune 100 corporations, smaller business entities, trade associations, nonprofits, political committees, and Super PACs. As part of his counseling activities, Mark works with legal departments, compliance departments, and government affairs offices to develop, implement, and audit political law compliance programs.

Mark also helps political committees, nonprofits, and corporate entities navigate the campaign finance and tax rules that affect their ability to speak in the public square, including speech that occurs around the time of elections. In a related fashion, Mark helps corporations address shareholder proposals and other campaign finance initiatives, including those in the ESG space.

Mark facilitates the filing of reports to the Federal Election Commission (FEC), Internal Revenue Service (IRS), and the United States Congress. He helps clients file reports to comply with the Lobbying Disclosure Act (LDA) and the Honest Leadership and Open Government Act of 2007 (HLOGA), as well as state and local campaign finance, lobbying, and ethics laws.

On the pay-to-play front, Mark has special expertise and experience working with entities subject to the SEC investment adviser rule, MSRB Rule G-37, the rules for swap dealers, and FINRA's pay-to-pay rules. This includes establishing dual PAC systems and working with political committees and nonprofits receiving funds from covered associates and others in the regulated financial services industry.

Chambers USA has recognized Mark as a top practitioner, noting his “excellent guidance on complex pay-to-play issues" and his ability to combine "deep expertise with expert counsel" (2022). Clients state he is "comprehensive and attentive, always seeking to deliver in advance of timing expectations" (2022).

Experience

Representative Matters

  • Developed and implemented nationwide pay-to-play and lobbying compliance programs for numerous large insurance companies, large financial services entities, and technology companies.
  • Helped cooperatives, corporations, and trade associations receive favorable advisory opinions from the FEC with respect to complex issues of affiliation.
  • Advises corporations, nonprofits, trade associations, lobbying firms, political action committees (PACs), candidates, leadership PACs, and 527 organizations with respect to campaign finance, lobbying, and other political law compliance issues.
  • Counsels corporations and trade associations on compliance with all aspects of the HLOGA, the LDA, and federal ethics rules.
  • Develops and helps implement political law compliance programs for corporations, trade associations, and other organizations, including programs related to various and diverse pay-to-play and lobbying laws around the nation.
  • Counsels corporations on procurement lobbying laws and federal, state, and local pay-to-play rules–including Municipal Securities Rulemaking Board (MSRB) Rule G-37 and the U.S. Securities and Exchange Commission’s (SEC) rule for investment advisers.
  • Defends individuals, corporations, candidates, and other political organizations in FEC enforcement actions and other types of campaign finance litigation.
  • Conducts legal compliance audits and internal investigations in connection with PAC and lobbying activity.

Professional Experience

  • Research Associate, Economists Incorporated (1995-1997)
  • Editor, Election Law News, a Wiley publication (2003-Present)

Affiliations

  • Former Member, Steering Committee, The Council on Governmental Ethics Laws (COGEL)

Recognitions

  • Listed by Chambers USA as one of “America's Leading Lawyers for Business” in Political Law (2021-2023), as a “Recognized Practitioner” (2018-2019), and as one of “America’s Leading Lawyers for Business – Up and Coming” (2015-2016) in Government: Political Law

Credentials

Education

J.D., University of Virginia School of Law

B.A., magna cum laude, Yale University

Law Journals

Editorial Board, Journal of Law & Politics

Bar and Court Memberships

  • District of Columbia Bar
  • Virginia Bar
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Eastern District of Virginia

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