Latest Developments:
Federal Government Issues Guidance Document and Website for Contractor Lobbying
As previously reported in this blog, Section 851 of the FY 2025 National Defense Authorization Act (NDAA) established new contracting restrictions intended to deny contracts to companies with lobbying relationships that may implicate companies determined to be a “Chinese military company.” The federal government has now issued “PROJECT CLEAR Contractor Lobbying Evaluation for Adversarial Relationships,” along with a new webpage, regarding enforcement of the Section 851-covered lobbyist prohibition. PROJECT CLEAR 1-pager “CLEAR” guidance is: “Confirm your lobbying relationships. Locate any Section 1260H entities. Evaluate potential contracting impacts. Assess and document your reasonable inquiry. Review PROJECT CLEAR guidance and respond as appropriate.” Contractors should consult with counsel and remain vigilant for future developments.
Hawaii Lt. Governor and Lobbyist Indicted for Bribery
Former Lt. Governor Sylvia Luke has been indicted for alleged criminal conspiracy to commit bribery, bribery, and falsifying candidate committee reports following an investigation into accusations she accepted a bribe of at least $35,000 in 2022. Four others were indicted, including a former state representative and a businessman and lobbyist alleged to have traded contributions for contracting opportunities. Luke Indictment and Lt. Gov. Sylvia Luke indicted in alleged bribery scheme | Hawai’i Public Radio Ms. Luke abandoned her re-election campaign and has been replaced by an acting lieutenant governor. NY Times – Hawaii Indictment – Corruption Investigation
Illinois State Rep. Indicted for Alleged Kickback Scheme Involving Campaign Account and Nonprofits
The indictment alleges that State Rep. Carol Ammons, D-Urbana, orchestrated an alleged conspiracy involving her husband, Champaign County Clerk Aaron Ammons, and her daughter, who was indicted last month on allegations of unlawfully receiving COVID-era unemployment benefits. The indictment also alleges that Rep. Ammons used her position to direct state grant money to three nonprofits that paid her daughter, that she and her daughter received more than $100,000 in benefits, and adds obstruction of justice counts. (See Indictment, linked at the following article, at Capitol News Illinois.)
Events and Reminders:
Now available on demand, Election Law Issues and Opportunities for Lawyers | On-Demand Program – PLI unpacks election law issues that lawyers and their corporate and nonprofit clients may face this year and issues a call to action for all lawyers to become involved in the democratic process. The Practising Law Institute (PLI) program features Nielsen Merksamer Partner Jason Kaune and offers continuing legal education credit.
PLI has also posted the schedule for its annual two-day seminar on political law, live in Washington, D.C., on September 17 and 18, 2026, as well as on demand. Learn more and sign up here: Corporate Political Activities 2026: Complying With Campaign Finance, Lobbying, and Ethics Laws | September 17, 2026 | In-Person Program – PLI Early registrants will receive complimentary access to a preparatory one-hour audio briefing, the Basics of the Federal Election Campaign Act, on September 10 at 1:00 p.m. (EDT).
In Case You Missed It:
Behested Payments for Annual State of the City Address in California City Have Negative Blowback
Following ethics allegations related to behested payments from donors to the Mayor’s annual address, as previously discussed in Essential Ethics, the Chula Vista City Council voted to ask staff to draft a proposal that would take control of the State of the City address away from the Mayor and give it to the city manager. The media listed the names of corporate donors, but focused on the ethical and systemic concerns regarding the tracking of funds by city leadership rather than corporate wrongdoing. Union-Tribune – CV City Council – Oversight Amid Scrutiny
Unsuccessful Candidates for Georgia Supreme Court Continue to Fight Judicial Watchdog
Two unsuccessful candidates for seats on the Georgia Supreme Court are continuing to fight to pursue claims against the state’s judicial watchdog, contending it violated their freedom of speech when it publicly accused them of violating ethics rules days before the May election. The two are now asking an appellate court to reject the Georgia Judicial Qualifications Commission’s request that the court dismiss their suit and also filed an amended complaint. As reported previously in Essential Ethics, the commission had published allegations that the candidates violated ethics rules by endorsing each other and expressing their support for pro-choice causes. Ga. Justice Hopefuls Say Watchdog Violates Their Free Speech – Law360 UK
Supreme Court Justices’ Book Earnings Prompt Proposal
In commentary, one Court watcher argues that “justices should be required to place their earnings from writing books in accounts they are not permitted to access until after they retire from the court,” with limited exceptions that would be certified by a court ethics officer. The author did not address ethics precautions that publishers take when entering these contracts. (See Gabe Roth, Justices’ lucrative book deals deserve more scrutiny, SCOTUSblog (Jul. 27, 2026, 10:30 a.m.), https://www.scotusblog.com/2026/07/justices-lucrative-book-deals-deserve-more-scrutiny/)