Charles E. Borden is a Washington, D.C., attorney who focuses his practice on the intersection of law and political activity, and regularly counsels multinational corporations on the regulatory and compliance obligations.
Mr. Borden advises clients on the political and reputational consequences, of political activity relating to campaign finance law, the Lobbying Disclosure Act (LDA), state and local lobbying law, the Foreign Agents Registration Act (FARA) and U.S. Securities and Exchange Commission (SEC) regulation of municipal advisors. He has extensive experience in federal pay-to-play rules for municipal dealers (Municipal Securities Rulemaking Board, or MSRB, Rule G-37), investment advisers (SEC Rule 206(4)-5), and swap dealers (CFTC Rule 23.451). Mr. Borden also is well-versed in the Stop Trading on Congressional Knowledge Act (STOCK Act), laws regulating the solicitation of contracts and investments from public sector entities (placement agent regimes), and state and local pay-to-play laws, as well as federal, state and local laws concerning gifts, entertainment, post-employment restrictions for former public employees, procurement, public financial disclosures and government ethics.
In addition, Mr. Borden counsels individuals appointed to senior positions in the Executive Branch of the federal government, including senior White House and State Department officials. He also advises such individuals' private sector employers on federal conflict-of-interest, security clearance and financial disclosure requirements, and helps such appointees formulate strategies for resolving legal and political issues connected to their nomination.
Mr. Borden is a visiting Fellow at the Centre for Analysis of Risk and Regulation (CARR) at the London School of Economics and Political Science. The Centre focuses on cross-border regulatory analysis, including with respect to the regulation of public corruption and political activities. Mr. Borden also co-teaches a Government Ethics: Scandal and Reform course at Harvard Law School, where he is a visiting lecturer.
In his Strategic Counseling practice, Mr. Borden frequently assists clients in crafting legislative and regulatory solutions to complex problems, and advises clients on the management of legislative and public policy risk. He routinely participates in election law-related litigation, and has authored numerous appellate and U.S. Supreme Court briefs on redistricting and other political law issues. He also regularly advises financial services firms on issues relating to the application of the federal Freedom of Information Act (FOIA) and state Public Records Acts to confidential business information provided to public sector entities and regulatory bodies.
Mr. Borden also has experience with public policy issues relating to aggregate litigation. He has taken part in significant legislative initiatives at the federal and state level, including the passage of the Class Action Fairness Act of 2005, and he has filed numerous amicus briefs in state and federal courts on aggregate litigation issues.
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