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Is the Revolving Door Sticking?

Client Alert | 1 min read | 01.17.18

Summary: In a late-breaking amendment to the National Defense Authorization Act, Congress adopted the Senate’s amendment and included Section 1045, “Prohibition on Lobbying Activities With Respect to the Department of Defense by Certain Officers of the Armed Forces and Civilian Employees of the Department Within Two Years of Separation from Military Service or Employment with the Department” in the Act. There will now be a two-year preclusion on “engaging in any lobbying activity with respect to the Department of Defense” for retiring O-9 officers (three-star general officers) and above and their civilian counterparts (SES Tier III and above) and a 1-year preclusion on retiring O-7 and O-7 officers (one- and two-star officers) and their civilian counterparts (SES Tier I and II).


The restrictions apply to “[l]obbying contacts and other lobbying activities with covered executive branch officials with respect to the Department of Defense.” The new restrictions apply to lobbying the President, Vice President, their former colleagues at O-7 or above/SES Tier I and above, and certain other influential or policymaking individuals with respect to DoD laws, rules, and regulations as well as to supporting others behind the scenes in their lobbying efforts. There is a broad list of exceptions in the Lobbying Disclosure Act that would permit certain activities; but contractors would be well advised to offer training to their newly separated Department of Defense senior officials and assistance with determining what activities are permissible and impermissible.


When developing training, contractors should draw a distinction between acceptable behind the scenes work that does not involve representation back to the official’s former agency, and impermissible behind-the-scenes activity that could be considered lobbying.

Insights

Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....