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FOIA 2011-30 3-1

a
-
"Smith, Brad"
<BSmith@law.capital.edu>
01/22/2009 04:54PM
Commissioners, Anton, Eric,
To <mpetersen@fec.gov>, <dmcgahn@fec.gov>
cc <areel@fec.gov>, <ebrown@fec.gov>
bee
Subject MUR 5541
Could I ask a favor? When the statement of reasons of the controlling commissioners is released in MUR
5541 (November Fund), could one of you see that it gets forwarded it by email attachment to me, and also
to Steve Hoersting at shoersting@campaignfreedom.org and Jeff Patch at jpatch@campaignfreedom.org
?
Thank you very much,
Brad
Bradley A. Smith
Professor of Law
Capital University Law School
Columbus, Ohio
FOIA 2011-30 3-2
"Smith, Brad"
<BSmith@law.capital.edu>
05/29/2009 03:54PM
To <dmcgahn@fec.gov>, <mpetersen@fec.gov>
cc
bee
Subject An idea
I think if I could return and make one procedural change, it would be to adopt an internal directive that any
time a motion to proceed with a case fails (i.e., an RTB motion or a probable cause motion or a motion to
authorize suit) then the file is automatically closed unless other action is taken in a separate motion at the
same meeting. After all, while it hasn't usually been a problem, there should not be the possibility that a
case cannot muster the votes to go forward, but 3 commissioners can then prevent the file from being
closed. At it would help to make plain that a 3-3 vote not to proceed in fact decides the case against
proceeding.
Brad Smith
FOIA 2011-30 3-3
(b) (6)
Steve Hoersting
<shoersting@campaignfreedo
m.org>
Sent by:
03/03/2010 04:54PM
Chairman Petersen:
To mpetersen@fec.gov
cc
bee
Subject Correction of the Transcript -- Coordinated Communications
Hearing
In answering a question from the general counsel today, I referred to her by her well known
nickname: "Tommie."
If possible, please correct the transcript to reflect her proper title in my answer.
Thank you kindly,
Steve Hoersting
CENTER FOR COMPETITIVE POLITICS
124 West Street South
Suite 201
Alexandria, Virginia 22314
SHoersting@campaignfreedom.org
www.campaignfreedom.org
(703) 894-6800 phone
FOIA 2011-30 3-4
Matt,
"Michael Malbin"
<mmalbin@cfinst.org>
11/16/2009 04:42PM
Please respond to
<mmalbin@cfinst.org>
To <MPetersen@fec.gov>
cc
bee
Subject RE: Internet Fundraising in '08 Election Cycle
I'm afraid not, Matt, but it would be great to know.
Best regards,
Michael
-----Original Message-----
From: MPetersenfec.gov [mailto:MPetersenfec.gov]
Sent: Friday, November 13, 2009 8:00 PM
To: Michael Malbin
Subject: Internet Fundraising in '08 Election Cycle
Michael,
Do you know whether there are any estimates regarding the
total amount of
federal contributions raised via the Internet during the
2008 election
cycle? I don't know if anyone has attempted an estimate, but
if I figured
if anyone would know, it would be you.
I hope all is well with you.
Best,
Matt
Matthew Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
FOIA 2011-30 3-5
Hi Matt -
"Spies, Charles"
<cspies@mckennalong.com>
02/09/2010 02:42 PM
I hope you're doing well.
To mpetersen@fec.gov
cc
bee
Subject FEC Filings?
Is the Commission making any sort of arrangement to accept filings over
the next few days? For example, I wanted to submit a PAC registration
late morning on Friday, and when we called they said the building was
closing at noon, so would not accept deliveries. With the possibility
that the Federal Government could officially be "closed" through
Thursday of this week, will you be making any arrangements so that there
is at least a skeleton staff on hand to accept deliveries?
Thanks!
- Charlie
Charles R. Spies I Of Counsel
McKenna Long & Aldridge LLP
1900 K Street NW I Washington, DC 20006
Tel: 202.496.7878 I Fax: 202.496.7756 I cspiesmckennalong.com
CONFIDENTIALITY NOTICE:
This e-mail and any attachments contain information from
the law firm of McKenna Long & Aldridge LLP, and are
intended solely for the use of the named recipient or
recipients. This e-mail may contain privileged
attorney/client communications or work product. Any
dissemination of this e-mail by anyone other than an
intended recipient is strictly prohibited. If you are not a
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viewing of the e-mail or any attachments or from making any
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immediately and permanently delete the e-mail, any
attachments, and all copies thereof from any drives or
storage media and destroy any printouts of the e-mail or
attachments.
FOIA 2011-30 3-6
OK, great.
"Ken Vogel"
<kvogel@politico.com>
11/14/2008 1 0:43 AM
Let me know when you have time.
Ken
- - - - - - - - - ~ - - - - - - - - - - - - - - - ~ - - - -
To <MPetersen@fec.gov>
cc
bee
Subject RE: POLITICO reporter hoping to connect
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Fri 11/14/2008 10:33 AM
To: Ken Vogel
Subject: Re: POLffiCO reporter hoping to connect
Ken,
I'd be interested in getting together and talking sometime soon. Unfortunately, my schedule over the next
couple of weeks is particularly hectic. But perhaps sometime after that, we can find a mutually convenient
time to meet.
Best,
Matt
Matthew S. Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Ken Vogel" <kvogel@politico.com>
11/09/2008 08:15 PM
Hey Commissioner Petersen:
I cover money and politics for Politico.
To <mpetersen@fec.gov>
cc
Subject POLITICO reporter hoping to connect
I spent the last several months on the presidential campaign trail but am back now and am trying
to bring myself up to speed on the developments in the world of campaign finance.
As such, I was hoping you might be amenable to taking a few minutes to chat with me, either on
FOIA 2011-30 3-7
the phone or in person, both so I could introduce myself and pick your brain a bit.
I'm happy to chat in whatever context you're comfortable.
Thanks,
Ken
Kenneth P. Vogel
Politico
703.647.7985
www.politico.com
FOIA 2011-30 3-8
"Fram, Alan"
<AFram@ap.org>
12/18/2008 05:36PM
To <mpetersen@fec.gov>
cc
bee
Subject bundling
Commissioner Petersen: Do you have a moment to talk? I'm looking
for comment from a Republican commissioner for story I wrote earlier on
today's meeting re: bundling. I'm at 202-641-9563, thanks,
Alan
Alan Fram
The Associated Press
Washington Bureau
1100 13th St., N.W.
Washington, D.C. 20005
0: 202-641-9563
C: 202-253-8115
The information contained in this communication is intended for the use
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notify The Associated Press immediately by telephone at +1-212-621-1898
and delete this e-mail. Thank you.
[IP_US_DISC]
msk dccc60c6d2c3a6438f0cf467d9a4938
FOIA 2011-30 3-9
(b) (6)
Emmanuel Touhey
<emmanuel. touhey@thehill.co
m>
04/08/2011 01:56PM
To JBorrowman@fec.gov
cc KPiummer@fec.gov, MPetersen@fec.gov
bee
Subject Re: Op-ed from Commissioner Petersen
Thanks. We have five papers next week before Congress recesses. I will endeavor to place it in
one of those papers assuming there is space (which varies from day to day). If that fails, I'll come
back to you either way. Will let you know once I have a firm date.
Thanks again for reaching out.
Emmanuel
On Fri, Apr 8, 2011 at 12:46 PM, <JBorrowman@fec.gov> wrote:
Thanks for your interest. Here is the piece. Let me know if you have any questions or need anything
else. E-mail or cell phone is best
Thanks again,
Jonathan
Jonathan D. Borrowman
Federal Election Commission
(202) 694-1012
jborrowman@fec.gov
Emmanuel Touhey <emmanuel.touhey@thehill.com>
04/08/2011 11:40 AM
Thanks very much.
Emmanuel
To JBorrowman@fec.gov
cc MPetersen@fec.gov, KPiummer@fec.gov
Subject Re: Op-ed from Commissioner Petersen
On Fri, Apr 8, 2011 at 11:11 AM, <JBorrowman@fec.gov> wrote:
Yes, thanks. We'll send it to you shortly.
FOIA 2011-30 3-10
From: Emmanuel Touhey [emmanuel.touhey@thehill.com]
Sent: 04/08/2011 10:12 AM AST
To: Jonathan Borrowman
Cc: Matthew Petersen; Kevin Plummer
Subject: Re: Op-ed from Commissioner Petersen
Just following up and wondering if you all are planning to submit something per below.
With thanks,
Emmanuel
On Thu, Apr 7, 2011 at 4:19PM, <JBorrowman@fec.gov> wrote:
Mr. Touhey,
My name is Jonathan Borrowman and I am counsel to Commissioner Matthew S. Petersen of the
Federal Election Commission. Commissioner Petersen is writing an opinion piece about campaign
finance law taking issue with recent criticisms of him and his colleagues. (See for example the NY
Times "Cynical Non-Enforcers" at
http://www.nytimes.com/2011/03/11/opinion/11fri4.html?scp=2&so=federal%20election%20commission
&st=cse).
I am writing to see if The Hill would be interested in publishing Commissioner Petersen's take on this.
Please let me know if you are interested and I will forward a copy for your review.
Thank you,
Jonathan
Jonathan D. Borrowman
Federal Election Commission
jborrowman@fec.gov
Emmanuel Touhey
Comment Editor
The Hill
1625 K Street, NW #900
Washington, DC 20006
(202)628-8625 ( 0)
(202)360-5091 (c)
emmanuel.touhey@thehill.com
Join the debate on The Hill's Congress Blog . Where lawmakers come to blog
FOIA 2011-30 3-11
and you can too. http:/ /thehill.com/blogs/congress-blog
Emmanuel Touhey
Comment Editor
The Hill
1625 K Street, NW #900
Washington, DC 20006
(202)628-8625 ( 0)
(202)360-5091 (c)
emmanuel.touhey@thehill.com
Join the debate on The Hill's Congress Blog . Where lawmakers come to blog
and you can too. http://thehill.com/blogs/congress-blog
Emmanuel Touhey
Comment Editor
The Hill
1625 K Street, NW #900
Washington, DC 20006
(202)628-8625 ( 0)
(202)360-5091 (c)
emmanuel.touhey@thehill.com
Join the debate on The Hill's Congress Blog . Where lawmakers come to blog
and you can too. http://thehill.com/blogs/congress-blog
FOIA 2011-30 3-12
Emmanuel Touhey
<emmanuel.touhey@thehill.co
m>
04/12/2011 12:36 PM
To JBorrowman@fee.gov
ce MPetersen@fee.gov, KPiummer@fee.gov
bee
Subject Re: Op-ed from Commissioner Petersen
We are currently slated for tomorrow's paper. I will let you know if that changes.
Thanks.
On Thu, Apr 7, 2011 at 4:19PM, <JBorrowman@fec.gov> wrote:
Mr. Touhey,
My name is Jonathan Borrowman and I am counsel to Commissioner MatthewS. Petersen of the
Federal Election Commission. Commissioner Petersen is writing an opinion piece about campaign
finance law taking issue with recent criticisms of him and his colleagues. (See for example the NY
Times "Cynical Non-Enforcers" at
http://www.nytimes.com/2011/03/11/opinion/11fri4.html?scp=2&sq=federal%20election%20commission
&st=cse).
I am writing to see if The Hill would be interested in publishing Commissioner Petersen's take on this.
Please let me know if you are interested and I will forward a copy for your review.
Thank you,
Jonathan
Jonathan D. Borrowman
Federal Election Commission
jborrowman@fec.gov
Emmanuel Touhey
Comment Editor
The Hill
1625 K Street, NW #900
Washington, DC 20006
(202)628-8625 ( 0)
(202)360-5091 (c)
emmanuel.touhey@thehill.com
Join the debate on The Hill's Congress Blog . Where lawmakers come to blog
and you can too. http://thehill.com/blogs/congress-blog
FOIA 2011-30 3-13
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
"Charles Spies"
07/16/2008 12:44 PM
I understand, I'm sure it is very hectic!
-Charlie
To "MPetersen@fec.gov" <MPetersen@fec.gov>
cc
bee
Subject Re: Congrats!
On 7/13/08, MPetersen@fec.gov <MPetersen@fec.gov> wrote:
Charlie,
Thanks for the kind words.
I hope all is well with you, and I look forward to catching up with you.
Best,
Matt
----- Original Message -----
From: "Charles Spies"
Sent: 07/10/2008 09:22AM AST
To: Matthew Petersen
Subject: Congrats!
Matt-
A somewhat belated congratulations on your confirmation, getting sworn in, and hopefully
today getting a new Chairman!
-Charlie
FOIA 2011-30 3-14
Matthew S Petersen/FEC/US
12/21/2009 02:22PM
To "Baran, Jan" <JBaran@wileyrein.com>
cc
bee
Subject Re: FEC Elects Petersen Chairman for 2010, Bauerly to
Serve as Vice Chair!ITI
Thanks, Jan. It remains to be seen whether being Chairman is more blessing than curse. But either way, it
should be a very interesting year.
Have a wonderful Christmas as well (and I hope you survived this past weekend's blizzard in good order).
Best,
Matt
From: "Baran, Jan" [JBaran@wileyrein.com]
Sent: 12/17/2009 05:31 PM EST
To: Matthew Petersen
Subject: FW: FEC Elects Petersen Chairman for 2010, Bauerly to Serve as Vice Chair
Matt, congratulations and best wishes for a successful tenure in 2010. Best regards,
and Merry Christmas,
Jan
Jan Witold Baran
WILEY REIN LLP
1776 K Street NW
Washington, DC 20006
202.719.7330 (Direct)
202.719.7207 (Fax)
www.wileyrein.com/electionlaw
From: Federal Election Commission [mailto:fec@service.govdelivery.com]
Sent: Thursday, December 17, 2009 5:13 PM
To: Baran, Jan
Subject: FEC Elects Petersen Chairman for 2010, Bauerly to Serve as Vice Chair
FEC Elects Petersen Chairman for 2010. Bauerly to Serve as Vice Chair
Thu, 17 Dec 2009 15:45:00-0600
WASHINGTON &#150; At an open meeting today, the Federal Election Commission (FEC) unanimously elected
Matthew S. Petersen as Chairman and Cynthia L. Bauerly as Vice Chair for 201 O.Both Petersen and Bauerly were
nominated to the Commission by President George W. Bush and unanimously confirmed by the United States
Senate on June 24, 2008
Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your
Subscriber Preferences Page. You will need to use your e-mail address to log in. If you have questions or problems
with the subscription service, please contact support@govdelivery.com.
This service is provided to you at no charge by Federal Election Commission. Visit us on the web at
FOIA 2011-30 3-15
http://www. fec.gov/.
Federal Election Commission 999 E Street, NW Washington DC 20463 (800) 424-9530
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute an attorney-client
communication and may contain information that is PRIVILEGED and CONFIDENTIAL and/or A DORNEY WORK
PRODUCT. If you are not an intended recipient, you are hereby notified that any dissemination of this message is
strictly prohibited. If you have received this message in error, please do not read, copy or forward this message.
Please permanently delete all copies and any attachments and notify the sender immediately by sending an e-mail
to lnformation@wileyrein.com.
FOIA 2011-30 3-16
(b) (6)
Non-Responsive
Steve Hoersting
<shoersting@campaignfreedo
m.org>
Sent by:
04/29/2009 08:52AM
Funny, Matt.
To MPetersen@fec.gov
cc
bee
Subject Re: fyi
But in all seriousness, it's no where nears nuts-- that's why all the vitriol. They say the same
things about five members of the SCOTUS.
--Steve
On Wed, Apr 29,2009 at 8:00AM, <MPetersen@fec.gov> wrote:
Thanks, Steve. It's nice to know not everyone out there thinks that what we're doing is completely nuts.
From: Steve Hoersting [shoersting@campaignfreedom.org]
Sent: 04/29/2009 07:20AM AST
To: Donald McGahn; Caroline Hunter; Matthew Petersen
Subject: fyi
I am in the process of reading your statement in AJS. Excellent work on the political
committee construct, once again.
http://www.campaignfreedom.org/blog/detail/a-guick-note-re-11-cfr-1 0022b
Steve
Steve Hoersting
Vice President
CENTER FOR COMPETITIVE POLITICS
124 West Street South
Suite 201
Alexandria, Virginia 22314
SHoersting@campaignfreedom.org
www.campaignfreedom.org
(703) 894-6800 phone
FOIA 2011-30 3-17
Steve Hoersting
Vice President
CENTER FOR COMPETITIVE POLITICS
124 West Street South
Suite 201
Alexandria, Virginia 22314
SHoersting@campaignfreedom.org
www.campaignfreedom.org
(703) 894-6800 phone
FOIA 2011-30 3-18
Matthew S Petersen/FEC/US
07/14/2009 05:34PM
To "Smith, Brad" <BSmith@law.capital.edu>
cc
bee
Subject Re: FW: Republican Commissioners go on the
Apparently, you offended, Trevor's delicate sensibilities. Nice job on your letter to the Washington Post
editor re E.J. Dionne's column.
By the way, you may want to point out to Rick that he failed to post last Saturday's Wall Street Journal
editoral that praised our actions (http://online.wsj.com/article/SB124726320712825213.html). Since he
posts all the negative ones, he ought to post the favorable ones as well.
Matthew S. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Smith, Brad" <BSmith@law.capital.edu>
"Smith, Brad"
<BSmith@law.capital.edu>
07/14/2009 12:09 PM
To <chunter@fec.gov>, <mpetersen@fec.gov>,
<dmcgahn@fec.gov>
cc
Subject FW: Republican Commissioners go on the offensive
Meant to BCC you on this from Election Law listserve.
From: Smith, Brad
Sent: Tue 7/14/2009 12:08 PM
To: Election Law
Subject: Republican Commissioners go on the offensive
I. "FEC Republican Commissioners Go on the Offensive"
- Good for them. There's a lot of hysterical nonsense coming out of the reform community these days, and I'm glad
the Commissioners are willing to push back.
Today's Exhibit A of such hysterical nonsense is from ...
2. From "Nominee to FEC Pits Lawyers v. Senators:"
"for all practical purposes, the three Republican commissioners have shut down enforcement of
campaign laws," said Fred Wertheimer, president of Democracy 21."
Why does anyone take this man seriously? Oh, that's right- he writes the NY Times editorials on
campaign finance.
FOIA 2011-30 3-19
-Brad Smith
From: election-law-bounces@mailman.lls.edu on behalf of Rick Hasen
Sent: Tue 7/14/2009 10:42 AM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 7/15/09
July 14, 2009
FEC Republican Commissioners Go on the Offensive
Caroline Hunter (Roll Call): "Any superficial allegations about what has happened over the past
year reflect fundamental misperceptions about why the commission exists and how the
commission operates. As borne out by the FEC's deliberately crafted and statutorily prescribed
structure, limitations and powers, the law is not currently as some envision it."
Don McGahn (Politico ): "One choice is for commissioners to reject this activist approach,
regardless of how the resulting 'deadlock' is portrayed. I have done just that."
Posted by Rick Hasen at 07:40 AM
"New Case Study Documents Successful Turnaround of Missouri's Public
Agency Registration Program"
Project Vote has issued this release on this new report.
Posted by Rick Hasen at 07:34AM
"Yup'ik-Speaking Voters To Receive Additional Language Assistance In The
City Of Bethel, Alaska"
The ACLU has issued this press release. More information about the case here.
Posted by Rick Hasen at 07:31AM
July 13, 2009
"On Campaign Finance Board, Sotomayor Balked at Overstepping Law"
This post appears at "The Caucus" blog of the NY Times .
Posted by Rick Hasen at 09: 17 PM
"Nominee to FEC Pits Lawyers v. Senators"
FOIA 2011-30 3-20
The Hill offers this report.
Posted by Rick Hasen at 09:02PM
"Senate Confirms Obama's Pick to Lead 2010 Census"
AP offers this report.
Posted by Rick Hasen at 04:56 PM
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasenlls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
FOIA 2011-30 3-21
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
Adam,
Matthew S Petersen/FEC/US
07/20/2009 04:50PM
To "Ambrogi, Adam (Rules)"
<Adam_Ambrogi@rules.senate.gov>
cc
bee
Subject Re: H e l l o - ~
Good to hear from you. Yes, this job is anything but boring, as indicated by the recent string of editorials,
news stories, and letters to the editor.
Talk to you soon.
Matt
MatthewS. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Ambrogi, Adam (Rules)" <Adam_Ambrogi@rules.senate.gov>

.
.
Matt-
"Ambrogi, Adam (Rules)"
<Adam_Ambrogi@rules.sena
te.gov>
07/17/2009 12:18 PM
To "'mpetersen@fec.gov"' <mpetersen@fec.gov>
cc
Subject Hello-
Saw your letter to the NYT today- we've both been very busy recently!
Best,
Adam
FOIA 2011-30 3-22
(b) (6)
(b) (6)
"Ambrogi, Adam (Rules)"
<Adam_Ambrogi@rules.sena
te.gov>
12/01/2009 10:54 AM
To "'mpetersen@fec.gov"' <mpetersen@fec.gov>
cc
bee
Subject Editorial comment. ..
History:
~ This message has been replied to.
Commissioner Petersen:
With no comments on the merits of the issue ( ), nice job on the Roll Call op-ed today-it was good to
read a well argued op-ed on campaign finance issues. I mentioned it to Merrell today-so he also might
drop you a line.
Best,
Adam
Adam D. Ambrogi
Counsel
Take care.
Senate Committee on Rules and Administration
Russell Senate Office Building, Room 305
Washington, D.C. 20510
202-224-0279
FOIA 2011-30 3-23
(b) (6)
(b) (6)
Matthew S Petersen/FEC/US
10/23/2009 03:33PM
To "Bradley Smith" <bsmith@law.capital.edu>, Donald F
McGahn/FEC/US@FEC
cc
bee
Subject Re: Fred's man c r u s h ~
Nicely done.
From: "Smith, Brad" [BSmith@law.capital.edu]
Sent: 10/23/2009 09:23 AM AST
To: Donald McGahn
Cc: Matthew Petersen
Subject: Fred's man crush
The thought of it will make your skin crawl, but I'm thinking it's true.
http://www. campaignfreedom. org/blog/detail/democracy-21-and-emilys-list-in-and-out -of -love
Bradley A. Smith
Josiah H. Blackmore ///Shirley M. Nault Designated Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
(614) 236-6317
http://www.law.capital.edu/Faculty/Bios/bsmith.asp
FOIA 2011-30 3-24
(b) (6)
(b) (6)
To "Stephen Hoersting"
cc
bee
Subject Re: WowE:l
It doesn't suck.
I don't expect many in the media to notice that this vindicates the position we took in the November Fund matter,
though.
Between this decision and the upcoming opinion in Citizens United, the campaign fmance regime is being rocked to
its core.
From: Steve Hoersting
Sent: 09/18/2009 03:44 PM AST
To: Donald McGahn; Caroline Hunter; Matthew Petersen
Subject: Wow
So ...
. . . how does it feel to have confirmation from a source like the DC Circuit?
Be well,
Steve
Steve Hoersting
CENTER FOR COMPETITIVE POLITICS
124 West Street South
Suite 201
Alexandria, Virginia 22314
SHoersting@campaignfreedom.org
www.campaignfreedom.org
(703) 894-6800 phone
FOIA 2011-30 3-25
Matt,
"Baran, Jan"
<JBaran@wileyrein.com>
07/02/2008 05:42PM
To mpetersen@fec.gov
cc
bee
Subject WELCOME
Congratulations on your new position as a Commissioner of the FEC. I wish you continued
success and please do not hesitate to call me.
Jan
Jan WJtold Baran
Attorney At Law
Wiley Rein LLP
1776 KStreetNW
Washington, DC 20006
Tel: 202.719.7330 I Pax: 202.719.7049
Email: jbaran@wileyrein. com
www.wi1eyrem.com
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute an
attorney-client communication and may contain information that is PRIVILEGED and
CONFIDENTIAL and/or ATTORNEY WORK PRODUCT. If you are not an intended recipient,
you are hereby notified that any dissemination of this message is strictly prohibited. If you have
received this message in error, please do not read, copy or forward this message. Please
permanently delete all copies and any attachments and notify the sender immediately by sending
an e-mail to Information@wileyrein.com.
FOIA 2011-30 3-26
"Smith, Brad"
<BSmith@law.capital.edu>
04/09/2009 12:06 PM
To <election-law@mailman.lls.edu>
cc
bee
Subject RE: [EL] BNA: Current 3-3 FEC split is "green light" to evade
law
A 3-3 FEC vote is not a "green light to evade law." It is a definitive
resolution of the case before the Commission, and a precedent that other
actors have a right to consider and to demand enforcement practices that
are not arbitrary and capricious.
My comments from the BNA article partially quoted by Craig are below,
and seem to me (naturally!) to be equally worth repeating:
From BNA:
Bradley Smith, a former Republican FEC commissioner now a law professor
at Capital University in Cleveland, Ohio, said that, under FEC
procedures, a 3-3 vote is a "definitive resolution" of an enforcement
case because it means "a violation has not been found."
More broadly, Smith said, the FEC's critics, especially among campaign
reform supporters, blame the agency and its commissioners for inaction
or uncertainty because the critics cannot accept the idea that campaign
finance law "is not so obviously what they would like it to be" and that
"they don't get carte blanche to run the agency."
The main cause of uncertainty in this area is not the FEC but shifting
court decisions, Smith suggested. These include the Supreme Court's 2003
ruling in McConnell v. FEC, which upheld restrictions in the 2002
Bipartisan Campaign Reform Act, and high Court rulings since then-in
cases like Wisconsin Right to Life Inc. (WRTL) v. FEC in 2007-which have
been more sympathetic to First Amendment challenges of campaign finance
law.
Back in the Trenches
The McConnell decision broke an "uneasy truce" that prevailed since the
landmark 1976 Supreme Court ruling in Buckley, Smith explained
The Buckley ruling allowed regulation of campaign financing to prevent
corruption or its appearance but safeguarded political communications
lacking specific words of "express advocacy" for or against a candidate,
Smith said. McConnell subsequently indicated that regulators could go
further than looking for specific "magic words" to prevent
"circumvention" of campaign finance rules by those who used cleverly
worded messages to skirt the limits.
Yet, the anti-circumvention rationale adopted by the Supreme Court in
McConnell "has been shown to have no stopping point," Smith said. This
has led to the more recent Court rulings pulling back from regulation
due to First Amendment concerns.
The McConnell ruling launched "a new era of warfare" pitting campaign
finance restrictions against free-speech principles, Smith said.
Campaign reform supporters were sure they would "win this new era of
war, and scored impressive early victories, but now [are] back on the
FOIA 2011-30 3-27
defensive and we may be settling soon back into the trenches."
In Smith's view, such legal warfare "has naturally spread to the FEC,
and it would be there-will be there-at any agency charged with
enforcement. The problem is not a 'dysfunctional' agency or
commissioners who will not 'enforce the law.' It is a statutory and
constitutional regime that tries to balance two largely incompatible
goals."
Bradley A. Smith
Professor of Law
Capital University Law School
Columbus, Ohio
-----Original Message-----
From: election-law-bouncesmailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu] On Behalf Of
holman@aol.com
Sent: Thursday, April 09, 2009 9:14 AM
To: election-law@mailman.lls.edu
Subject: [EL] BNA: Current 3-3 FEC split is "green light" to evade law
BNA Money and Politics Report
April 9, 2009
http://news.bna.com/mpdm/
Another former FEC General Counsel, Lawrence Noble, said deadlocked FEC
votes "make life very difficult" for those who want to support a
political candidate or cause "but have a low tolerance for risk and no
interest in trying to blaze new legal trails."
On the other hand, Noble added, "some political parties and ideological
groups, who feel comfortable playing on the edge and in the gray areas,
... look at a 3-3 split as a green light. That then puts pressure on
those who want to stay well within the lines but are concerned about
being at a disadvantage, when it comes to supporting candidates,
compared to those who are more aggressive."
Craig Holman, Ph.D.
Government Affairs Lobbyist
Public Citizen
215 Pennsylvania Avenue SE
Washington, D.C. 20003
T-(202) 454-5182
c- (202) 905-7413
F- (202) 547-7392
Holman@aol.com
election-law mailing list
election-law@mailman.lls.edu
http://mailman.lls.edu/mailman/listinfo/election-law
FOIA 2011-30 3-28
a
-
"Smith, Brad"
<BSmith@law.capital.edu>
05/16/2009 05:51 PM
To <dmcgahn@fec.gov>, <chunter@fec.gov>,
<mpetersen@fec.gov>
cc
bee
Subject FW: [EL deadlocks
History:
~ Thismessage has been forwarded:
FYI in case you are not on Hasen's listserve.
Best to all,
Brad Smith
From: Smith, Brad
Sent: Sat 5/16/2009 5:47 PM
To: Election Law
Subject: RE: [EL] Coleman/more news
>I still feel that much of this current partisanship is driven by serious disagreement about the
scope of the law, and not a conscious project by GOP commissioners to undermine the spirit of
the law. But maybe these views are not all that different at the end of the day.
While I appreciate Mike Franz's point and agree with the first sentence quoted above, the very
way he phrases it may be indicative of how successful the anti-speech side has been in framing
the argument. There is absolutely no more reason to think that this is "a conscious project by the
GOP commissioners to undermine the spirit of the law" than there is to think that it is a
conscious project by the Democratic commissioners to undermine the spirit (or perhaps the letter)
of the law (and perhaps the Constitution). Yet it seems that few would even think to ask the
question in that way.
Compliance with "the law" can go in too directions; there is the cop who errs on the side
restraint, and there is the cop who stretches, oversteps, or even abuses his authority. I know
which on which side I want the cops (and the courts and the Commission) to err, especially when
we are dealing with serious Constitutional questions, which I think all but the most extreme
participants to the debate agree are at issue with campaign finance regulations.
Brad Smith
~ - - - - - - - - - - - ~ - - - --- ---------
From: election-law-bounces@mailman.lls.edu on behalf of Rick Hasen
Sent: Fri 5/15/2009 3:34 PM
To: Election Law
Subject: [EL] Coleman/more news
Franz on FEC Deadlocks
FOIA 2011-30 3-29
Responding to this post, Mike Franz sends along the following thoughts:
I saw your post on FEC deadlocks--I've been pondering this myself, especially in light of
my forthcoming piece. I don't have the vote data updated yet for this current time period,
but my suspicion is that this is very unprecedented. And very much an indication of
increased partisanship on the Commission.
If I read the Wal-Mart statements correctly (and I only scanned them), the Democratic
Commissioners voted against the advice of the General Counsel's report. Granted, this
action was for stronger regulation, but the perception--I believe--is that GOP
commissioners "disrupt" the regulatory process by dissenting from the Democratic
Commissioners' AND the General Counsel's desire to more strongly enforce the law. In
other words, in the W al-Mart case, the GOP commissioners were voting WITH the
recommended legal advice.
All told, the argument I make in the paper, that Commissioners dissent more often now
than in years past, is confirmed with the FEC in the last year (this despite my not having
the data on this last year). But I don't think I expected this many 3-3 splits. I still feel that
much of this current partisanship is driven by serious disagreement about the scope of the
law, and not a conscious project by GOP commissioners to undermine the spirit of the
law. But maybe these views are not all that different at the end of the day.
Posted by Rick Hasen at 12:05 PM
Chapman Responds to von Spakovsky on NVRA
Here, at the Demos blog.
Posted by Rick Hasen at 09:44AM
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasenlls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
FOIA 2011-30 3-30
"Smith, Brad"
<BSmith@law.capital.edu>
06/01/2009 02:17PM
To <rick.hasen@lls.edu>, "Election Law"
<election-law@mailman.lls.edu>
cc
bee
Subject RE: FEC "deadl
"Meanwhile, the FEC commissioners are even splitting along l2ill:!Y lines over the "reason to
believe" standard for investigations."
This actually appears to be a split not over the R TB standard, but on whether to launch an
investigation as a question of the use of Commission resources.
There has been longstanding debate among commissioners, however, over what the RTB
standard does signify, so even if this were a dispute over the standard, it would be nothing new.
Here, however, the case was closed on the recommendation of the General Counsel under the
Enforcement Priority System, not a dispute over the standard for RTB.
The dissenting Democratic Commissioners seem to wish to tum the OGC's recommendation into
a question of whether to find R TB - they don't directly address why this case is more important
than others so that it should be bumped ahead of others that rated higher on the Commission's
Priority Enforcement System (EPS). The dissenting commissioners also rely on the Advisory
Opinion in National Center for Tobacco Free Kids (AO 2003-24). While Tobacco Free Kids
might be relevent precedent in determining the scope of the law, it really is off-point for this
MUR. In Tobacco Free Kids, NCTFK sought an advisory opinion, which the Commission is
obligated to answer- the Enforcement Prioirty System does not come into play.
-Brad Smith
From: election-law-bounces@mailman.lls.edu on behalf of Rick Hasen
Sent: Mon 6/1/2009 12:54 PM
To: Election Law
Subject: [EL] DOJ Objection, more news
June 01, 2009
"Latest FEC Deadlock Frees McCain From Charges of Raising 'Soft Money"'
BNA Money and Politics Report offers this report($). Meanwhile, the FEC commissioners are
even splitting along l2ill:!Y lines over the "reason to believe" standard for investigations.
Posted by Rick Hasen at 09:22AM
FOIA 2011-30 3-31
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasenlls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
FOIA 2011-30 3-32
"Smith, Brad"
<BSmith@law.capital.edu>
10/23/2009 03:24 PM
To <mpetersen@fec.gov>, <DMcGahn@fec.gov>,
<chunter@fec.gov>
cc
bee
Subject RE: Statement regarding Emily's List v. FEC from
Commissioners Hunter, McGahn and Vice Chairman
Petersen
http://www.campaignfreedom.org/blog/detail/the-role-of-an-fec-commissioner-and-the-preposterous-line-of
-the-campaign-legal-center#
FYI
Bradley A. Smith
Josiah H. Blackmore Ill Shirley M. Nault Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, Ohio 43215
614.236.6317
From: JMoschak@fec.gov [mailto:JMoschak@fec.gov]
Sent: Thursday, October 22, 2009 3:04 PM
To: undisclosed-recipients
Subject: Statement regarding Emily's List v. FEC from Commissioners Hunter, McGahn and Vice
Chairman Petersen
Something you may find of interest.
FOIA 2011-30 3-33
(b) (6)
"Baran, Jan"
<JBaran@wileyrein.com>
07/13/2010 10:42 AM
To <MPetersen@fec.gov>
cc
bee
Subject RE: Invitation to July 13th NABPAC luncheon
Matt, those are all good topics. In addition, the group would welcome any observations you may
have on any compliance issues relevant to P ACs and business. For example, is there any data on
PAC late filing penalties? Are PACs or corporations stumbling over other issues? How has
implementation of the bundling rules proceeded? Have P ACs been responsive in amending their
registrations to reflect that their connected organization is a registrant under LDA?
If you prefer I can raise these questions during the Q&A.
I will meet you at the Conference Center at noon. If you haven't heard, Geoff will not be present.
I will introduce you around 12:30
after making some preliminary announcements. Thanks for doing this. I look forward to seeing
you.
Jan
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Tuesday, July 13, 2010 10:21 AM
To: Baran, Jan
Subject: RE: Invitation to July 13th NABPAC luncheon
Thanks, Jan.
I'm planning on focusing my remarks on the Citizens United, EMILY's List, and SpeechNow cases
and discussing what the Commission is doing to implement those decisions. I'll probably also
bring up coordination, and the Commission's ongoing rulemaking regarding the subject, since
coordination complaints are almost certainly going to increase. Are there other issues that you
think the attendees would be interested in hearing about?
Matt
MatthewS. Petersen
Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Baran, Jan" <JBaran@wileyrein.com>
07/13/2010 09:30AM
To nabpac@nabpac.org, MPetersen@fec.gov
cc
Subject RE: Invitation to July 13th NABPAC luncheon
FOIA 2011-30 3-34
Matt, let me know if you would like to discuss anything about NABP AC and the program
before the luncheon. I should be available in my office until then.
Jan Witold Baran
WILEY REIN LLP
177 6 K Street NW
Washington, DC 20006
202.719.7330 (Direct)
202.719.7207 (Fax)
www.wileyrein.com/electionlaw
From: nabpac@nabpac.org [mailto:nabpac@nabpac.org]
Sent: Tuesday, July 13, 2010 9:17AM
To: MPetersen@fec.gov
Cc: Baran, Jan
Subject: Re: Invitation to July 13th NABPAC luncheon
The luncheon will be held in the Main Conference facility on the ground floor at 1776 K
Street, NW. And yes, feel free to bring staff with you.
Sent via BlackBerry by AT&T
From: MPetersen@fec.gov
Date: Tue, 13 Jul2010 09:10:43 -0400
To: <nabpac@nabpac.org>
Cc: Jan Baran<jbaran@wileyrein.com>
Subject: Re: Invitation to July 13th NABPAC luncheon
Good morning, Geoff.
A couple of questions. In which room will the luncheon at Wiley Rein be taking place? Also, I
wanted to see if it would be okay if I brought a member or two of my staff to the luncheon as well.
Thanks,
Matt
Matthew S. Petersen
Chairman
FOIA 2011-30 3-35
Federal Election Commission
999 E Street, NW
Washington, DC 20463
nabpac@nabpac.org
07/07/2010 02:20PM
Please respond to
nabpac@nabpac.or
g
To MPetersen@fec.gov
cc "Jan Baran" <jbaran@wileyrein.com>
Subject Re: Invitation to July 13th NABPAC luncheon
Thanks Mr. Chairman -The event begins with lunch at 12:00 noon, and comments usually
begin at 12:30. Jan Baran (cc'd hereto) will lead off the discussion and introduce you. We
have a firm stop time of 1:30, so ifyou would like to present 20-25 minutes of prepared
remarks, and be willing to answer questions after that, that should work well. I have CC'd
Jan to this email since he serves as the moderator for our annual FEC sessions and is best
equipped with additional information you will need. Basically, our members are
interested in ongoing rulemakings and complioance trends relevant to the PAC
community. Let me know if you need anything else. We look forward to seeing you on
Tuesday. Geoff Ziebart
Sent via BlackBerry by AT&T
From: MPetersen@fec.gov
Date: Wed, 7 Jul2010 12:09:02 -0400
To: NABP AC<nabpac@nabpac.org>
Subject: RE: Invitation to July 13th NABPAC luncheon
Hi Geoff,
I just have a quick question regarding the format. How long will you want me to speak? And are
there specific topics you would like me to be prepared to address? I would imagine that you'd
want some remarks regarding what the Commission is doing to implement the Citizens United
decision. If there are other items you'd like me to address, just let me know.
I look forward to meeting you at next week's lunch.
Matt
Matthew S. Petersen
Chairman
Federal Election Commission
999 E Street, NW
FOIA 2011-30 3-36
Washington, DC 20463
"NABPAC" <nabpac@nabpac.org>
07/06/2010 07:53PM
Chairman Petersen -
To <MPetersen@fec.gov>
cc "Baran, Jan" <JBaran@wileyrein.com>
Subject RE: Invitation to July 13th NABPAC luncheon
I am writing to follow-up with you and see if you have any questions regarding next Tuesday's
NABPAC luncheon at Wiley Rein? We have a large crowd building for this event, and want to
make sure that your schedule continues to allow participation. If you have any questions, please
drop a note to me or Jan Baran (cc'd hereto), and we will attempt to help in any way we can.
Thank you once again for your participation at this annual event with the FEC Chairman - it's a
highlight of our educational offerings each year.
Geoff
Geoffrey C. Ziebart
Executive Director
National Association of Business Political Action Committees (NABPAC)
101 Constitution Avenue, NW
Suite L-11 0
Washington, DC 20001
(202) 341-3780 - p
(202) 4 78-0342 - F
www.nabpac.org
From: NABPAC
Sent: Tuesday, February 09, 2010 10:59 PM
To: 'MPetersen@fec.gov'
Cc: 'Baran, Jan'
Subject: Invitation to July 13th NABPAC luncheon
Dear Chairman Petersen:
Per your recent conversation with Jan Baran, attached is a formal invitation to serve as the guest
speaker for the July 13'h NABPAC PAC Rap Luncheon that will be held from 12:00 noon to 1:30
p.m. at the Wiley Rein Conference Center (1776 K Street, NW- Ground Floor). We are glad to
FOIA 2011-30 3-37
hear that at this time, your schedule permits you to join us for this annual dialogue.
If your staff has any questions as we approach the event, please have them contact me at
nabpac@nabpac.org or (202) 341-3780. Thank you in advance for your consideration. I look
forward to meeting you in July!
Best regards,
Geoff
Geoffrey C. Ziebart
Executive Director
National Association of Business Political Action Committees (NABPAC)
101 Constitution Avenue, NW
Suite L-110
Washington, DC 20001
(202) 341-3780 - p
(202) 478-0342 - F
WNW.nabpac.org
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute
an attorney-client communication and may contain information that is PRIVILEGED and
CONFIDENTIAL and/or ATTORNEY WORK PRODUCT. If you are not an intended
recipient, you are hereby notified that any dissemination of this message is strictly
prohibited. If you have received this message in error, please do not read, copy or forward
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sender immediately by sending an e-mail to Information@wileyrein.com. As part of our
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before printing this email.
FOIA 2011-30 3-38
"Baran, Jan"
<JBaran@wileyrein.com>
02/03/2010 06:22PM
To <mpetersen@fec.gov>
cc
bee
Subject Re: NABPAC July 13 Invitation
Thanks Matt. We'll chat in advance of the event. This is not a heavy lifting appearance. Don and Steve
can share their experiences with you as well.
Jan
From: MPetersen@fec.gov <MPetersen@fec.gov>
To: Baran, Jan
Sent: Wed Feb 03 18:07:50 2010
Subject: Re: NABPAC July 13 Invitation
Jan,
I'd be honored to participate. As we get closer to the event, if there are any specific topics that you think would be of
particular interest to those attending, just let me know.
Best,
Matt
Matthew Petersen
Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
-----------
From: "Baran, Jan" [JBaran@wileyrein.com]
Sent: 02/03/2010 05:59PM EST
To: Matthew Petersen
Subject: NABP AC July 13 Invitation
Matt,
Every summer the National Association of Business Political Action Committees (NABP AC)
hosts a luncheon for its members to which the Chair of the FEC is invited. This has always been
an opportunity for the Chair to address the regulated community about compliance and for
members to pose questions. An audience of over 1 00 usually attend in person with another
dozen additional participants by conference phone. In 2010, the event will be on July 13 at the
Wiley Rein Conference Center. They would be honored if you would be the featured speaker. If
you agree a formal invitation from the head ofNABPAC will be forthcoming.
As you may know, NABP AC is the association of over 400 business and trade association PAC,
grassroots, and government affairs professionals from approximately 165 member companies and
FOIA 2011-30 3-39
associations. NABPAC is not a PAC. Its web site is here http://www.nabpac.org/ If I can
provide you any additional information please call or email me.
I hope you will be able to accept. Best regards,
Jan
Jan Witold Baran
Attorney At Law
\!\Iiley Rein LLP
1776 K streetNW
Washington.. DC 20006
Tel: 202.719.7330 I Fax: 202.719.7049
Ema.i1: jbaran@wileyrein.com
\VW\V. wi1eyrein.com
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute an
attorney-client communication and may contain information that is PRIVILEGED and
CONFIDENTIAL and/or ATTORNEY WORK PRODUCT. If you are not an intended recipient,
you are hereby notified that any dissemination of this message is strictly prohibited. If you have
received this message in error, please do not read, copy or forward this message. Please
permanently delete all copies and any attachments and notify the sender immediately by sending
an e-mail to Information@wileyrein.com. As part of our environmental efforts, the firm is
WILEY GREEN<TM). Please consider the environment before printing this email.
FOIA 2011-30 3-40
Jan,
Matthew S Petersen/FEC/US
07/02/2010 02:24PM
To "Baran, Jan" <JBaran@wileyrein.com>
cc
bee
Subject Re: NABPAC PAC Professional
I'm very much looking forward to participating in the luncheon. Let me know if there are specific topics you'd like
me to address.
Have a great Fourth of July weekend.
Matt
Matthew Petersen
Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
From: "Baran, Jan" [JBaran@wileyrein.com]
Sent: 06/28/2010 10:58 AM AST
To: Matthew Petersen
Subject: FW: NABPAC PAC Professional E-newsletter
Matt,
I just wanted to forward the latest NABP AC newsletter below which mentions your appearance
at the July 13 luncheon. We very much appreciate your willingness to speak and look forward to
seeing you then. Please let me know if I can provide any information to you ahead of time. Best
regards,
Jan
Jan Witold Baran
WILEY REIN LLP
177 6 K Street NW
Washington, DC 20006
202.719.7330 (Direct)
202.719.7207 (Fax)
www. wileyrein.com/ electionlaw
---------- -
From: mailinglistbouncer@dreamhost.com [mailto:mailinglistbouncer@dreamhost.com] On Behalf Of
NABPAC Email Server
Sent: Thursday, June 24, 2010 6:35PM
To: Baran, Jan
Subject: NABPAC PAC Professional E-newsletter
FOIA 2011-30 3-41
'Phe
A bi-weekly newsletter on issues.of imporiancetiipoiltical action professidnals
Thursday, June 24, 2010 Volume
This Week in Washington
The latest news from Congress, the Courts and the Executive Branch This Week's Headlines
DISCLOSE Act passes House after major revisions... Top stories of importance to political ac1
This afternoon, the U.S. House of Representatives passed H.R. 5175- the DISCLOSE Act- Politics
by a margin of 219-206. The bill as passed included major revisions from the Committee-passed
version and represented the third try by House leadership to move the bill to the floor. In a sign of Obama Administration, House Demc
the rift that this bill and its many publicized carve-outs and re ... [more] Act Before Vote (June 22 2010 BNJ
Ongoing of LOSE Act... . Rules Panel Sets Floor
For those of you mterested m ongomg coverage of today's vote m the House on HR 5175- the
DISCLOSE Act- we would encourage you to visit two sites. First, go to to the NABPAC homepage DIS<?LOSE (June 2010 BNA Mo
- www.nabpac.org- and look in the upper left hand corner for "Campaign Finance News," which is a President Obama Directs Agency He
Google-driven news feed of all articles from around the country that mention the words "ca ... [more] Advisory Panels (June 22, 2010 BNJ
NABPAC Legal Hotline Lobbyists Urged to Disclose Contrib
Timely advice to help you comply with Federal and State regulations Thousands Fail to Do So (June 17, :
MAY A CORPORATION OR TRADE ASSOCIATION OFFER PRIZES TO
INDIVIDUALS WHO CONTRIBUTE TO ITS PAC OR CONDUCT A RAFFLE FOR Ninth Circuit Supports FEC Position
SUCH CONTRIBUTORS? Illegal (June 16, 2010 BNA Money &
Yes, with limits. A corporation or trade association may, as permissible solicitation expenses, pay
for and give away door prizes, hold entertainment events, conduct raffles, and conduct auctions in NABPAC !"'appenings
an attempt to solicit contributions from its restricted class to its federal PAC. Such gifts, Keep up w1th your peers, conferences, anc
entertainment, door prizes, raffle prizes, and auction items must comply with the Federal El ... [more] RSVP today for the 2010 NABPAC B
PACHelp Hotline NABPAC is pleased to announce that the 2
be held at The Breakers Hotel & Resort ir
start on Wednesday, November 1Oth and c
popular event, the post-election conference
[more]
Expert advice from PAC professionals
How many incentive clubs should a PAC have?
There is no limit to or magic number for incentive clubs. If corporate PACs have an incentive club,
there tends to be only one. Increasingly, corporate PACs use an incentive club, such as the
"President's Circle" or "Chairman's Club", to encourage employees to donate at the suggested level
for their management status. Even though employees a ... [more]
Plan ahead for the 2010 NAB PAC Cc
NABPAC will host a congressional receptio
on Tuesday, July 27th from 5:30 - 7:30 p.m
coming days. This event offers an opportUI
network with friends from the political actior
... [more]
Next PAC Rap luncheon slated for J
Keep an eye on your inbox in the coming d;
luncheon with the FEC Chairman. This yec
at the Wiley Rein Conference Center (1776
1 :30 p.m. A perennial favorite, this event is
invitation, we encourage ... [more]
Job Postings
NABPAC invites both member and non-mE
positions here for viewing. Click here to ac
Niew] Manager, PAC Fundraising - Washin
National Assn of Home Builders
Date Posted:201 0-06-21
Niew] Staff Assistant, PAC - Washington, D
National Assn of Home Builders
Date Posted:201 0-06-21
FOIA 2011-30 3-42
[View] Senior Legal Analyst- Washington, [
A/tria Client Services
Date Posted:2010-06-18
[View] Senior software developer- Wash i n ~
720 Strategies
Date Posted:201 0-06-17
[View] Senior front-end web developer- w.
720 Strategies
Date Posted:2010-06-17
[View] Director of Political Affairs - Arlingto1
National Apartment Association
Date Posted:2010-06-11
PrOduced by the National-Association of Business Political Action Committees (NABPAC) 1 L
If you no longer wish to receive NABPAC email, please contact our
web department to have your email address removed.
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute an
attorney-client communication and may contain information that is PRIVILEGED and
CONFIDENTIAL and/or ATTORNEY WORK PRODUCT. If you are not an intended recipient,
you are hereby notified that any dissemination of this message is strictly prohibited. If you have
received this message in error, please do not read, copy or forward this message. Please
permanently delete all copies and any attachments and notify the sender immediately by sending
an e-mail to Information@wileyrein.com. As part of our environmental efforts, the firm is
WILEY GREEN(1M). Please consider the environment before printing this email.
FOIA 2011-30 3-43
"Baran, Jan"
<JBaran@wileyrein.com>
03/12/2010 07:17PM
Thanks Matt. Have a nice weekend.
Jan
To <mpetersen@fec.gov>
cc
bee
Subject Re: PLI: October 4 & 5
From: MPetersen@fec.gov <MPetersen@fec.gov>
To: Baran, Jan
Sent: Fri Mar 12 19:13:52 2010
Subject: Re: PLI: October 4 & 5
Jan,
I would be happy to participate.
Hope everything is going well.
Best,
Matt
From: "Baran, Jan" [JBaran@wileyrein.com]
Sent: 03/12/2010 03:02PM EST
To: Cynthia Bauerly
Cc: Matthew Petersen
Subject: RE: PLI: October 4 & 5
I apologize, but I gave you the wrong dates. The dates are Oct. 5 & 6 and your panel will be on
Wednesday October 6. Furthermore the conference is at the Capitol Hyatt. I confused
conferences and must have had a senior moment, please forgive me. I hope you still will be able
to participate.
Jan
Jan Witold Baran
WILEY REIN LLP
177 6 K Street NW
Washington, DC 20006
202.719.7330 (Direct)
202.719.7207 (Fax)
www.wileyrein.com/electionlaw
--
From: CBauerly@fec.gov [mailto:CBauerly@fec.gov]
FOIA 2011-30 3-44
Sent: Friday, March 12, 2010 2:49PM
To: Baran, Jan
Cc: MPetersen@fec.gov
Subject: Re: PU: October 4 & 5
Jan,
Thank you for the invitation, I will be pleased to join the panel. I will put both the panel and the
dinner on my calendar and we can be in touch as the date gets closer about details.
Have a good weekend,
Cynthia L. Bauerly
Vice Chair
Federal Election Commission
999 E. Street NW
Washington, DC 20463
202-694-1 020
"Baran, Jan" <JBaran@wileyrein.com>
03/12/2010 12:26 PM
To MPetersen@fec.gov, cbauerly@fec.gov
cc
Subject PLI: October 4 & 5
Dear Chair Petersen and Vice Chair Bauerly,
The Practicising Law Institute will hold its annual "Corporate Political Activities"
Conference in Washington, D.C. on October 4 & 5, 2010. We would be honored if you
would join the faculty as panelists on Wednesday October 5 from 9:00-9:30 a.m. This
portion of the program would consist of you two and would be an opportunity for you to
address an estimated audience of 200 at the Metro Marriott hotel. The topic would be of
your choosing regarding the FEC but would be helpful if it focused on matters relevant to
corporations, associations and P ACs.
If you accept you are welcome to attend any portion of the program and we hope you also
will be able to attend the faculty dinner the evening of October 3 at a location to be
announced. Please let me know if you can accept as soon as possible. You then will
receive a formal letter from PLI.
I hope you can join us.
FOIA 2011-30 3-45
Jan Wrtold Baran
Attorney At Law
Wiley Rein LLP
1776 K Street NW
Washington, DC 2 0 0 0 6
Tel: 202.719.7330 I Fax: 202.719.7049
Email: jbaran@wileyrein. com
www.wileyrein.com
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute
an attorney-client communication and may contain information that is PRIVILEGED and
CONFIDENTIAL and/or ATTORNEY WORK PRODUCT. If you are not an intended
recipient, you are hereby notified that any dissemination of this message is strictly
prohibited. If you have received this message in error, please do not read, copy or forward
this message. Please permanently delete all copies and any attachments and notify the
sender immediately by sending an e-mail to Information@wileyrein.com. As part of our
environmental efforts, the firm is WILEY GREEN<l. Please consider the environment
before printing this email.
FOIA 2011-30 3-46
(b)
(b) (6)
(b) (6)
(b) (6)
(b)
(b) (6)
(b)
(b) (6)
Matthew S Petersen/FEC/US
03/11/2009 07:24PM
From: "Baran, Jan" [JBaran@wileyrein.com]
Sent: 03111/2009 07:23PM AST
To: Matthew Petersen
Subject: Re: PLI
From: MPetersen@fec.gov
To: Baran, Jan
Sent: Wed Mar 1119:15:16 2009
Subject: Re: PU
From: "Baran, Jan" [JBaran@wileyrein.com]
Sent: 03/05/2009 08:51 AM EST
To: Matthew Petersen
Subject: RE: PLI
Matt,
To "Baran, Jan" <JBaran@wileyrein.com>
cc
bee
Subject Re: PLIL.Il
--------------------- ----
Thanks for agreeing to participate. You will be contacted directly by PLI with additional details.
We look forward to having you on the faculty.
Best regards,
FOIA 2011-30 3-47
(b) (6)
Jan
Jan Witold Baran
WILEY REIN LLP
1776 K Street NW
Washington, DC 20006
202.719.7330 (Direct)
202.719.7207 (Fax)
www.wileyrein.com/electionlaw
- - - ~ ~ - ~ - - - ~ - - - - - - - - - - - - - ~ - - - - - - - ~ - ~ ~ ~ - ~ ~ - ~
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Wednesday, March 04, 2009 11:09 PM
To: Baran, Jan
Subject: Re: PU
Jan,
It would be my privilege to participate in the conference. Just let me know what you'd like me to
be prepared to discuss.
Best,
Matt
MatthewS. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Baran, Jan" <JBaran@wileyrein.com>
03/02/2009 03:15PM
Matt,
To mpetersen@fec.gov
cc
Subject PLI
FOIA 2011-30 3-48
On behalf of the PLI co-chairs I invite you to participate as a faculty member in the 2009
PLI Conference on Corporate Political Activities which will be held in DC at the Marriott
Renaissance Hotel on September 24 & 25. If you agree you would be on a panel with the
FEC Chair, the Secretary of the Senate and the head of a state election law agency on the
morning of September 25.
Please indicate your acceptance by responding to this email as soon as possible. Thanks
and best regards,
Jan Wrtold Baran
Attorney At Law
Wiley Rein LLP
1776 K StreetNW
W a s h i n ~ DC 20006
Tel: 202.719.7330 I Fax: 202.719.7049
Email: jbaran@wileyrein.com
www.wileyrein.com
NOTICE: This message (including any attachments) from Wiley Rein LLP may constitute
an attorney-client communication and may contain information that is PRIVILEGED and
CONFIDENTIAL and/or ATTORNEY WORK PRODUCT. If you are not an intended
recipient, you are hereby notified that any dissemination of this message is strictly
prohibited. If you have received this message in error, please do not read, copy or forward
this message. Please permanently delete all copies and any attachments and notify the
sender immediately by sending an e-mail to Information@wileyrein.com.
FOIA 2011-30 3-49
a
-
"Brown, Carol Lyn"
<CBROWN@mckennalong.co
m>
03/10/2010 05:31 PM
To mpetersen@FEC.gov
cc "Spies, Charles" <cspies@mckennalong.com>
bee
Subject Letter of Invitation to participate in the BNA Conference on
May 6, 2010
History:
.fi!J This message has been replied to.
Sent on Behalf of Charlie Spies:
Dear Chairman Petersen:
Attached please find your letter of invitation for the above
conference to be held at McKenna Long & Aldridge LLP on May 6, 2010.
Thank you,
Carol Lyn
<<Letter to Chairman Petersen.PDF>>
Carol Lyn Brown I Legal Secretary
McKenna Long & Aldridge LLP
1900 K Street NW I Washington, DC 20006
Tel: 202.496.7613 I Fax: 202.496.7756 I clbrown@mckennalong.com
CONFIDENTIALITY NOTICE:
This e-mail and any attachments contain information from
the law firm of McKenna Long & Aldridge LLP, and are
intended solely for the use of the named recipient or
recipients. This e-mail may contain privileged
attorney/client communications or work product. Any
dissemination of this e-mail by anyone other than an
intended recipient is strictly prohibited. If you are not a
named recipient, you are prohibited from any further
viewing of the e-mail or any attachments or from making any
use of the e-mail or attachments. If you believe you have
received this e-mail in error, notify the sender
immediately and permanently delete the e-mail, any
attachments, and all copies thereof from any drives or
storage media and destroy any printouts of the e-mail or
attachments.
Letter to Chairman Petersen. PO F
FOIA 2011-30 3-50
Albany
Atlanta
Brussets
Denver
Los Angetes
McKenna Long
&
New York
Philadelphia
Sacramento
San Diego
San Francisco
1900 K Street, NW Washington, DC 20006-11 08
Tel: 202.496.7500 Fax: 202.496.7756
www.mckennalong.com
Washington, D.C.
CHARLES R. SPIES
(202) 496-7878
BY E-MAIL: MPETERSEN@FEC.GOV
Matthew Petersen
Chairman
Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463
Dear Chairman Petersen:
March 10,2010
EMAIL ADDRESS
cspies@mckennalong .com
The purpose of this letter is to formally invite you, on behalf of BNA and the American
League of Lobbyists, to be a speaker at the upcoming Political Law Compliance after Citizens
United: Campaign Finance, Contracting, Tax, Lobbying & Ethics Rules Conference. The
full-day program is scheduled for May 6, at the McKenna Long & Aldridge, LLP Office in
Washington, DC.
Your panel will address the issue of View from the Federal Election Commission and is
tentatively scheduled for 10:45-11:30 a.m.
The final conference agenda with your panelists' names will be sent to you in a couple of
weeks to give you a better idea of the subjects being covered in your panel.
As always, it was good speaking with you. We look forward to having the benefit of
your expertise and hope you will be able to join us.
CRS:clb
FOIA 2011-30 3-51
(b) (6)
(b) (6)
(b) (6)
(b) (6)
Cameron Quinn
03/13/2011 03:51 PM
Please respond to
Cameron Quinn
To Cleta Mitchell <CMitchell@foley.com>, Bobby Burchfield
<bburchfield@mwe.com>, John Phillippe - RNC 09
<JPhillippe@rnchq.org>,
cc
bee
Subject Fw: Citizens United Symposium at UVa
Met the UVA law student organizing this- thought you might be interested!
-----Forwarded Message-----
From: Gary Lawkowski
Sent: Mar 5, 2011 12:46 AM
To:
Subject: Citizens United Symposium at UVa
Ms. Quinn;
It was great to meet you at the UVa alumni lunch during the Federalist Society Symposium. I wanted to
follow-up with you about the Journal of Law & Politics Symposium on "Citizens United at Age One." I
have attached the Press Release from the Law School Communications Office, as well as the schedule,
panel descriptions, and speaker biographies we put together for the Symposium. Please feel free to pass
this information along to anyone you think would be interested.
Thank you very much for your time and help, I greatly appreciate it. Hopefully we'll see you back in
Charlottesville on March 19.
Sincerely,
Gary Lawkowski
Symposium Editor
Journal of Law & Politics citizensunited.docx JLPCitizensUnitedSymposiumSchedule.docx
FOIA 2011-30 3-52
U.Va. law School Symposium to Examine Controversial Supreme Court Campaign Finance Ruling
Citizens United
Political experts will examine Citizens United v. Federal Election Commission, the divisive 2010 Supreme
Court campaign finance ruling that affirmed the right of corporations to run independent political ads,
during a symposium at the University of Virginia School of Law on March 19 to
Donald McGahn, commissioner and former chairman of the Federal Election Commission, will deliver
the keynote address at 11:45 a.m. in Caplin Pavilion as part of the symposium, "Citizens United at Age
One," sponsored by the law student-run Journal of Law & Politics.
"The Supreme Court's decision in Citizens United v. Federal Election Commission was one of the most
controversial decisions of the Roberts Court to date," said symposium editor Gary Lawkowski, a third-
year law student. Soon after the ruling, President Barack Obama suggested during his State of the Union
address that the decision opened the door to special interests and foreign corporations unduly
influencing elections.
The 5-4 decision involved a case over whether the nonprofit corporation Citizens United could air a film
critical of Hillary Clinton and advertise it in broadcast ads featuring Clinton's image in apparent violation
of the 2002 Bipartisan Campaign Reform Act, commonly known as the McCain-Feingold Act.
"The goal of this symposium is to re-examine the court's ruling in Citizens United with the benefit of one
year's hindsight, and to explore the way it has shaped and influenced the electoral process, both in the
experience of the 2010 midterm elections and in recent developments in federal election law,"
Lawkowski said.
The symposium also features panels critiquing Citizens United and exploring the impact of the decision
on corporate expenditures in the 2010 midterm elections. Panelists include Joseph Birkenstock, former
chief counsel of the Democratic National committee; Trevor Potter, former general counsel to the John
McCain 2008 presidential campaign; Marc Elias, former general counsel to the John Kerry presidential
campaign; Michael Toner, former chairman of the Federal Election Commission; Adav Noti, FEC lead
attorney for Citizens United; and Lee Goodman, general counsel to the Republican Party of Virginia.
The event is open to the public and parking is available in Law School lots.
Schedule
Saturday, March 19
Caplin Pavilion, U.Va. School of Law
9:45a.m.
Breakfast
10a.m.
FOIA 2011-30 3-53
Welcome and Opening Remarks
Paul Mahoney, dean, U.Va. School of Law
Gary Lawkowski, symposium organizer
10:30 a.m.
Panel: A Summary and Critique of the Citizens United Decision
Joseph Birkenstock, Caplin & Drysdale, former chief counsel of the Democratic National
Committee
Lee Goodman, LeCiairRyan, general counsel to the Republican Party of Virginia
Adav Noti, litigation attorney, Federal Election Commission
Moderator: Lillian BeVier, David and Mary Harrison Distinguished Professor of Law, U.Va. School of Law
11:45 a.m.
lunch and Keynote Address
Donald McGahn, commissioner and former chairman, Federal Election Commission
1p.m.
Panel: The Impact of Citizens United on Corporate Expenditures in the 2010 Midterm Elections
Marc Elias, Perkins Coie, former general counsel to the John Kerry presidential campaign
Trevor Potter, Caplin & Drysdale, former general counsel to the John McCain 2008 presidential
campaign
Michael Toner, Bryan Cave, former chairman of the Federal Election Commission
Moderator: John Norton Moore, Walter L. Brown Professor of Law, U.Va. School of Law
FOIA 2011-30 3-54
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Citizens United at Age One
Symposium Schedule for
Saturday, March 19, 2011
All events will take place in Caplin Pavilion
9:45 Breakfast
10:00 Welcome
Gary Lawkowski '11
10:10 Opening Remarks
Paul Mahoney, Dean, University ofVirginia School of Law
10:30 Panel: A Summary and Critique of the Citizens United Decision
Moderator: Lillian Be Vier, David and Mary Harrison Distinguished Professor of Law
at the University of Virginia School of Law
Joseph Birkenstock, Caplin & Drysdale, former Chief Counsel of the Democratic
National Committee
Lee Goodman, LeClairRyan, General Counsel to the Republican Party of
Virginia
Adav Noti, Federal Election Commission
11:45 Lunch and Keynote Address
Donald McGahn, Commissioner and former Chairman, Federal Election
Commission
1:00 Panel: The Impact of Citizens United on Corporate Expenditures in the 2010
Midterm Elections
Moderator: John Norton Moore, Walter L. Brown Professor of Law at the University
of Virginia School of Law
Marc Elias, Perkins Coie, former General Counsel to the I<.erry-Edwards
Presidential Campaign
Trevor Potter, Caplin & Drysdale, former General Counsel to the John McCain
2008 Presidential Campaigns
Michael Toner, Bryan Cave LLP, former Chairman of the Federal Election
Commission
FOIA 2011-30 3-55
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Narrative Descriptions
Symposium
The Supreme Court's decision in Citizens United v. Federal Election Commission was one of the
most controversial decisions of the Roberts Court to date. For detractors such as President
Obama, "this ruling strikes at our democracy itself," a sentiment expressed in the President's
criticism of the Court during the State of the Union address. For supporters such as Senate
Minority Leader Mitch McConnell, the Court "struck a blow for the First Amendment."
The goal of this symposium is to reexamine the Court's ruling in Citizens United with the
benefit of one year's hindsight, and to explore the way it has shaped and influenced the
electoral process, both in the experience of the 2010 midterm elections and in recent
developments in federal election law.
Panel: A Summary and Critique of the Citizens United Decision
During the State of the Union address, President Obama claimed that "the Supreme Court
reversed a century of law." This panel will assess the President's claim, looking at what the
Court said in Citizens United, and evaluating its impact on the development of federal election
law.
Panel: The Impact of Citizens United on Corporate Expenditures in the 2010
Midterm Elections
During the State of the Union, President Obama claimed that the Court's decision in
Citizens United would "open the floodgates for special interests- including foreign
corporations- to spend without limit in our elections." This November, the United States
had its first federal elections of the post-Citizens United era. This panel will seek to look
beyond the polemics and assess the practical impact of the Court's decision in Citizens
United on campaign spending in the 2010 Midterm Elections.
FOIA 2011-30 3-56
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Speaker Biographies
Lillian Be Vier- David and Mary Harrison Distinguished Professor of Law
Lillian BeVier has taught constitutional law (with special emphasis on First Amendment
issues), intellectual property (trademark, copyright), real property and torts since coming
to Virginia in 1973. At Stanford Law School, Professor Be Vier was revising editor for
the Stanford Law Review and a member of the Order of the Coif. Professor Be Vier
received the University of Virginia Alumni Association Distinguished Professor Award
in 2006. The Raven Society elected her to membership in 1993 and honored her with the
faculty award in 2010. Having been nominated by President Bush and confirmed by the
Senate in 2003, she served as vice-chair of the Board of Directors of the Legal Services
Corporation until2009. She serves on the national Board of Visitors of the Federalist
Society.
Joseph M. Birkenstock
Joseph M. Birkenstock is a member in Caplin & Drysdale's Washington, D.C. office. He
joined the firm in 2005 after serving as Chief Counsel of the Democratic National
Committee and practicing political law with a firm in Los Angeles. Mr. Birkenstock
focuses on advising corporations, non-profit organizations, candidates, officeholders, and
other clients in structuring new political efforts and administering their political,
lobbying, and issue-advocacy projects. He also helps clients respond to controversies
involving issues of political law such as alleged campaign finance improprieties, conflicts
of interest, and real or perceived violations of other legal and ethical obligations. While at
the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign
staff to help ensure their compliance with the myriad of state and federal laws governing
their activities. Mr. Birkenstock is a graduate of Mount St. Mary's University and The
George Washington University Law School.
Marc Elias
Marc Elias is a partner in the Washington, DC office of Perkins Coie. He focuses his
practice on representing public elected officials, candidates, parties, corporations and
PACs in connection with campaign finance, governmental ethics, lobbying disclosure,
and white-collar criminal defense matters. Mr. Elias served as lead counsel for Senator Al
Franken in the 2008 Minnesota Senate election recount and contest - the largest recount
and contest in American history. He successfully argued the case before the Minnesota
State Supreme Court that resulted in a unanimous decision affirming that Franken had
received the highest number of votes legally cast in the 2008 general election for United
FOIA 2011-30 3-57
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States Senator. In 2004 he served as General Counsel to the Kerry-Edwards presidential
campaign. He served in that same capacity for Chris Dodd for President during the 2008
primary campaign. Mr. Elias is a graduate of the Duke University School of Law and
Hamilton College.
Lee Goodman '90
Lee Goodman is a partner at LeClairRyan, where he advises clients on a broad range of
policy-oriented civil matters, including federal and state election laws and First
Amendment rights of political participation, political action on the Internet, taxation of
the Internet, as well as education issues and academic freedom. Mr. Goodman has
advised several Fortune 500 corporations, media and broadcasting stations, nonprofit
organizations, political parties and politicians on compliance with federal and state
campaign finance laws, FCC political broadcasting rules, Internal Revenue Service
restrictions on non-profit political activity, ethics and lobbying rules, the Hatch Act and
voting rights. He has represented clients' interests before courts, the Federal Election
Commission and other agencies that regulate political activity. Mr. Goodman 1s a
graduate of the University of Virginia and the University of Virginia School of Law.
Dean Paul G. Mahoney- David and Mary Harrison Distinguished Professor of Law
and Arnold H. Leon Professor of Law
Paul G. Mahoney became dean of the Law School in July 2008. Dean Mahoney's
teaching and research areas are securities regulation, law and economic development,
corporate finance, financial derivatives and contracts. He has published widely in law
reviews and peer-reviewed finance and law and economics journals. Dean Mahoney
joined the Law School faculty in 1990 after practicing law with the New York firm of
Sullivan & Cromwell and clerking for Judge Ralph K. Winter, Jr. of the U.S. Court of
Appeals for the Second Circuit and Justice Thurgood Marshall of the U.S. Supreme
Court. He served as academic associate dean at the Law School from 1999 to 2004 and
has held the Albert C. BeVier Research Chair and the Brokaw Chair in Corporate Law.
He has been a visiting professor at the University of Chicago Law School, the University
of Southern California Law School and the University of Toronto Faculty of Law. He has
also worked on legal reform projects in Kazakhstan, Kyrgyzstan, Mongolia and Nepal.
Dean Mahoney is a member of the Council on Foreign Relations and served as an
associate editor of the Journal of Economic Perspectives from 2004 to 2007 and as a
director of the American Law and Economics Association from 2002 to 2004. He is a
past recipient of the All-University Outstanding Teacher Award and the Law School's
Traynor Award for excellence in faculty scholarship. Dean Mahoney is a graduate of the
Massachusetts Institute of Technology and Yale Law School.
Donald McGahn (keynote)
Donald McGahn was sworn into office as a Commissioner of the Federal Election
FOIA 2011-30 3-58
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Commission on July 9, 2008. Nominated by President Bush on May 6, his appointment
received the unanimous consent of the United States Senate on June 24, 2008. He was
elected Chairman on July 10, and served in that capacity through December 31, 2008,
and continues to serve as a Commissioner. Prior to joining the Federal Election
Commission, Mr. McGahn served as head ofMcGahn & Associates PLLC, a
Washington-based law practice specializing in election law. Mr. McGahn has represented
federal and state candidates, Members of Congress, political party committees, leadership
political action committees (PACs), corporations and corporate PACs, non-profits, trade
associations and others involved in issues related to campaign finance law and
government ethics. Since 1999, Mr. McGahn served as General Counsel to the National
Republican Congressional Committee. Before joining the NRCC, Mr. McGahn practiced
law at Patton Boggs LLP in Washington, DC. Mr. McGahn attended the United States
Naval Academy, the University of Notre Dame, Widener University School of Law and
the Georgetown University Law Center.
John Norton Moore- Walter L. Brown Professor of Law
John Norton Moore, who joined the faculty at Virginia Law in 1966, is an authority on
international law, national security law and the law of the sea. He also teaches advanced
topics in national security law and the rule of law. Professor Moore taught the first course
in the country on national security law and conceived and co-authored the first casebook
on the subject. From 1991-93, during the Gulf War and its aftermath, Professor Moore
was the principal legal adviser to the Ambassador of Kuwait to the United States and to
the Kuwait delegation to the U.N. Iraq-Kuwait Boundary Demarcation Commission.
Professor Moore is a graduate of Drew University and Duke University School of Law.
Trevor Potter '82
Trevor Potter is a member in Caplin & Drysdale's Washington, D.C. office, where he
leads the firm's Political Activity Law Practice. He is a former Commissioner and
Chairman of the Federal Election Commission. Mr. Potter served as General Counsel to
the Rick Scott 2010 gubernatorial campaign as well as the John McCain 2008 and 2000
presidential campaigns. He also served as Deputy General Counsel to the George
H. W. Bush 1988 campaign. He is the founding President and General Counsel of the
Campaign Legal Center, a Washington, D.C. based nonprofit which focuses on campaign
finance issues in the courts and before the FEC. Mr. Potter is a graduate of Harvard
College and the University ofVirginia School of Law.
Michael Toner
Michael Toner is head of Bryan Cave's Election Law and Government Ethics practice
and the President of Bryan Cave Strategies. He joined the firm in 2007 after serving as
chairman of the Federal Election Commission in 2006. Toner served as an FEC
Commissioner from 2002-2007. A seasoned political veteran, Mr. Toner served as Chief
FOIA 2011-30 3-59
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Counsel of the Republican National Committee (RNC) in 2001-2002, as well as General
Counsel of the Bush-Cheney transition team in Washington, D.C. and the Bush-Cheney
2000 presidential campaign in Austin, Texas. Prior to his tenure on the Bush-Cheney
campaign, Mr. Toner was Deputy Counsel at the RNC from 1997-1999. He also was
counsel to the Dole-Kemp presidential campaign in 1996. Mr. Toner has appeared as a
guest commentator on Fox News Channel, ABC News, CBS Evening news, Bloomberg
News, Fox Business Network, C-SPAN and National Public Radio. Mr. Toner is a
graduate of the University of Virginia and Cornell University School of Law.
Adav Noti
Adav Noti is an attorney at the Federal Election Commission, where he represents the
agency in federal court. He litigated Citizens United at the trial level. He was previously
an associate at Paul, Weiss, Rifkind, Wharton & Garrison, and is a graduate of the New
York University School of Law and a magna cum laude graduate of the University of
Pennsylvania.
FOIA 2011-30 3-60
(b) (6)
Matthew S Petersen/FEC/US
11/07/2008 12:22 PM
To "Ray Martinez" <Ray.Martinez@rice.edu>
cc
bee
Subject RE: LBJ School of Public A f f a i r s ~
Any recommendations you might have with regard to logistics would be most appreciated.
Regarding my presentation in class, how long would you like it to be? And do you want me to give a
broad overview of the federal campaign finance laws? Or would you rather have me provide more of an
insider's perspective on what goes on at the FEC? Or perhaps a bit of both? Just let me know what you
think would be the best approach.
Thanks.
Matt
Matthew S. Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Ray Martinez" <Ray.Martinez@rice.edu>

"Ray Martinez"
<Ray .Martinez@rice.edu>
11106/2008 05:31 PM
To <MPetersen@fec.gov>
cc
Subject RE: LBJ School of Public Affairs
Good to hear from you, Matt. Yes, that was one tough loss last Saturday ... ! was at a conference at the
LBJ School today and the president of the Univ. of Texas was there and someone mentioned the loss
from the podium ... you can tell he is still hurting from that loss (as we all are in Austin).
th
In any case, I am very grateful for your willingness to come to Austin on the 24 and serve as a
distinguished guest speaker for my class. I have 20 students (a mixture of policy/law students) and we'
ve had an excellent semester thus far. This week and next, we will be discussing redistricting issues
(after spending the first 9 weeks of the semester on election administration issues) and when you come
th
on the 24 , it will be our one and only class on campaign finance issues. But, I couldn't think of a better
person to give us a firsthand perspective!
I will pull some information together for you in preparation for the class. We use the
Hasen/Lowenstein/Tokaji election law casebook so once I have the reading assignment nailed down, I
FOIA 2011-30 3-61
will send it to you so that you can see what the class is doing to prepare for your visit.
I'll be back in touch next week with additional information ... do you need any help with logistics here in
Austin, such as hotel suggestions? let me know.
(One last thing ... if you go to www.martinezpolicygroup.com you can see the syllabus for my class and all
of the material we have covered throughout the semester thus far ... just go to the "lBJ/UT law" tab and
a pull-down menu should appear that covers each week of the class.)
Thanks.
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Thursday, November 06, 2008 4:11 PM
To: Ray Martinez
Subject: RE: LBJ School of Public Affairs
Ray,
I hope everything is going well down in Austin (notwithstanding last Saturday's surprising loss to Texas
Tech). I wanted to touch base regarding the 24th. At your convenience, let me know any relevant details
about the visit.
Talk to you soon.
Best,
Matt
Matthew S. Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Ray Martinez" <Ray.Martinez@rice.edu>
To <MPetersen@fec.gov>
cc
FOIA 2011-30 3-62
08/24/2008 08:20 PM SubjectRE: LBJ School of Public Affairs
Thanks so much, Matt. I am indeed, quite appreciative that you would take the time to travel to Austin on Nov. 24
th
to speak to my class. I will send you additional details as we get closer to that date. Additionally, I'm sure the
media relations folks at the LBJ School will want to alert local/state media once we get closer to your visit (in
conjunction with your communications personnel at the FEC), so we can coordinate all that in due time.
Have a great week and we'll talk soon.
Regards,
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Sunday, August 24, 2008 8:56 AM
To: Ray Martinez III
Subject: Re: LBJ School of Public Affairs
Ray,
I'd be honored to participate as a guest lecturer for your class. Looking at my schedule, November 24th would
probably work best for me. Just let me know which issues and topics you'd like me to address.
It sounds like your current position is providing some fascinating opportunities. I'm glad to hear things seem to be
going so well for you.
Again, thanks for the invitation, and I look forward to the opportunity of meeting with your class.
Best,
Matt
FOIA 2011-30 3-63
Matthew Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
From: "Ray Martinez III" [ray.martinez@rice.edu]
Sent: 08/17/2008 05:51PM EST
To: Matthew Petersen
Subject: LBJ School of Public Affairs
Matt:
I hope your transition to the FEC is going smoothly. Congratulations again on your confirmation - I'm sure the
pace of work has been extremely busy since your first day.
I wanted to reach out to you in the hope that I could entice you to Austin sometime in November(after the
presidential election, of course). In addition to my full-time job as director of state/federal government affairs
for Rice, I am also teaching an election law /policy course as an adjunct professor at the LBJ School of Public
Affairs in Austin. In fact, this is my second year of teaching election law and my course is again cross-listed
with the Univ. of Texas School of Law, meaning that my class will be composed again this year of10 Masters
candidates and 10 JD candidates. I'm looking forward to a very invigorating semester.
My class will focus on the three basic tenants of election law: election administration, redistricting and
campaign finance. As I did last year, I plan to invite about 5 prominent guest lecturers to come to class and
give the students a look at how the laws and principles we will learn in our casebook are applied on a real life
basis (Carolyn Hunter was kind enough to come and speak to my class last fall when she was on the EAq. I
will spend the majority of the semester covering election administration/HAY A-related issues, but by
November, I will turn my attention to redistricting and campaign finance. You would be an excellent guest
lecturer for my section on campaign finance.
I plan to begin the campaign finance classes sometime in early to mid-November (my syllabus is a living
document and evolves as the semester progresses). Thus, I am wondering whether there is any chance I
could get you to Austin sometime in November. I realize that there likely is little to no "down time" for the FEC
during a general election year, so if you cannot do this, I will certainly understand.
However, in the event that you can make it my class meets this semester on Monday evenings from 7-9PM. As
th th th
I look at the calendar for November, either the 10 , 17 , or 24 would work very well for my syllabus.
Again, I know how busy things are and that this is likely an impossible request; still, I would be honored to
have you in Austin to serve as a guest lecturer for my class. If you can come, I would also be glad to arrange
for other activities at the LBJ School to make it well worth your time- perhaps we can pull together an
afternoon panel discussion on campaign finance issues where we can invite the entire LBJ/UT Law School
student bodies to hear from you. I think the LBJ Dean would be very interested in such an event
Let me know what you think ... and thanks for even considering this, Matt.
Regards,
FOIA 2011-30 3-64
RAY MARTINEZ III
RICE UNIVERSITY
DIRECTOR, GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor! Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
FOIA 2011-30 3-65
Ray,
Matthew S Petersen/FEC/US
11/20/2008 03:10PM
To "Ray Martinez" <Ray.Martinez@rice.edu>
cc
bee
Subject RE: LBJ School of Public Affairs[]
We just completed an open meeting, so I finally have a moment to breathe.
You had earlier asked whether I might be available at noon on Monday for an informal discussion with a
small group of students. It looks like that will work for me. The plan right now is to fly in on Sunday
evening. So unless my schedule changes, I should be able to be part of that lunchtime discussion. Is
there anything in particular you'd like me to be prepared to present? Or would this be primarily a Q&A?
Also, with respect to your class that evening, is there a particular approach you'd like me to take? Will the
students want to know about the particulars of certain cases? Trends in the law? The inner workings of
the FEC? Just let me know what you think would be most beneficial for me to present (and also how long
you'd like me to speak).
Thanks-l'm looking forward to coming down to Austin.
Best,
Matt
MatthewS. Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Ray Martinez" <Ray.Martinez@rice.edu>
Matt:
"Ray Martinez"
<Ray.Martinez@rice.edu>
11/20/2008 02:16 PM
To <MPetersen@fec.gov>
cc
Subject RE: LBJ School of Public Affairs
Hope all is well... you can see the reading assignment for my class for next Monday at my website at
www.martinezpolicygroup.com (see tab called "Week 12" under the "LBJ/UT Law" tab).
Looking forward to seeing you on Monday ... please let me know your logistical information and if I can
be of assistance on Monday in picking you up at the airport.
Regards,
FOIA 2011-30 3-66
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 {Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Thursday, November 06, 2008 4:11 PM
To: Ray Martinez
Subject: RE: LBJ School of Public Affairs
Ray,
I hope everything is going well down in Austin (notwithstanding last Saturday's surprising loss to Texas
Tech). I wanted to touch base regarding the 24th. At your convenience, let me know any relevant details
about the visit.
Talk to you soon.
Best,
Matt
Matthew S. Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Ray Martinez" <Ray.Martinez@rice.edu>
08/24/2008 08:20 PM
To <MPetersen@fec.gov>
cc
SubjectRE: LBJ School of Public Affairs
Thanks so much, Matt. I am indeed, quite appreciative that you would take the time to travel to Austin on Nov. 24
th
to speak to my class. I will send you additional details as we get closer to that date. Additionally, I'm sure the
media relations folks at the LBJ School will want to alert local/state media once we get closer to your visit (in
conjunction with your communications personnel at the FEC}, so we can coordinate all that in due time.
FOIA 2011-30 3-67
Have a great week and we'll talk soon.
Regards,
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Sunday, August 24, 2008 8:56AM
To: Ray Martinez III
Subject: Re: LBJ School of Public Affairs
Ray,
I'd be honored to participate as a guest lecturer for your class. Looking at my schedule, November 24th would
probably work best for me. Just let me know which issues and topics you'd like me to address.
It sounds like your current position is providing some fascinating opportunities. I'm glad to hear things seem to be
going so well for you.
Again, thanks for the invitation, and I look forward to the opportunity of meeting with your class.
Best,
Matt
Matthew Petersen
Commissioner
Federal Election Commission
999 E Street, NW
Washington, DC 20463
From: "Ray Martinez III" [ray.martinez@rice.edu]
Sent: 08/17/2008 05:51PM EST
To: Matthew Petersen
Subject: LBJ School of Public Affairs
FOIA 2011-30 3-68
Matt:
I hope your transition to the FEC is going smoothly. Congratulations again on your confirmation - I'm sure the
pace of work has been extremely busy since your first day.
I wanted to reach out to you in the hope that I could entice you to Austin sometime in November(after the
presidential election, of course). In addition to my full-time job as director of state/federal government affairs
for Rice, I am also teaching an election law /policy course as an adjunct professor at the LBJ School of Public
Affairs in Austin. In fact, this is my second year of teaching election law and my course is again cross-listed
with the Univ. of Texas School of Law, meaning that my class will be composed again this year of10 Masters
candidates and 10 JD candidates. I'm looking forward to a very invigorating semester.
My class will focus on the three basic tenants of election law: election administration, redistricting and
campaign finance. As I did last year, I plan to invite about 5 prominent guest lecturers to come to class and
give the students a look at how the laws and principles we will learn in our casebook are applied on a real life
basis (Carolyn Hunter was kind enough to come and speak to my class last fall when she was on the EAq. I
will spend the majority of the semester covering election administration/HAY A-related issues, but by
November, I will turn my attention to redistricting and campaign finance. You would be an excellent guest
lecturer for my section on campaign finance.
I plan to begin the campaign finance classes sometime in early to mid-November (my syllabus is a living
document and evolves as the semester progresses). Thus, I am wondering whether there is any chance I
could get you to Austin sometime in November. I realize that there likely is little to no "down time" for the FEC
during a general election year, so if you cannot do this, I will certainly understand.
However, in the event that you can make it my class meets this semester on Monday evenings from 7 -9PM. As
th th th
I look at the calendar for November, either the 10 , 17 , or 24 would work very well for my syllabus.
Again, I know how busy things are and that this is likely an impossible request; still, I would be honored to
have you in Austin to serve as a guest lecturer for my class. If you can come, I would also be glad to arrange
for other activities at the LBJ School to make it well worth your time - perhaps we can pull together an
afternoon panel discussion on campaign finance issues where we can invite the entire LBJ/UT Law School
student bodies to hear from you. I think the LBJ Dean would be very interested in such an event
Let me know what you think ... and thanks for even considering this, Matt.
Regards,
RAY MARTINEZ III
RICE UNIVERSITY
DIRECTOR, GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floorl Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) 1512-653-3331 (Mobile)
FOIA 2011-30 3-69
Matthew S Petersen/FEC/US
11/25/2008 09:38PM
To "Ray Martinez" <Ray.Martinez@rice.edu>
cc
bee
Subject Re: Checking inmf!
Ray,
I just wanted to say again how much I enjoyed the opportunity to be a guest lecturer for your
class yesterday. And it was great to catch up at lunch as well. The next time you're in DC, be sure
to let me know, and let's see if we can arrange to get lunch.
Have a terrific Thanksgiving.
Best,
Matt
From: "Ray Martinez" [Ray.Martinez@rice.edu]
Sent: 11/24/2008 12:59 PM CST
To: Matthew Petersen
Subject: RE: Checking in
Call is wrapping up now ... l'll head to my car and pick you up in front of the Omni. .. see you in about 10
minutes.
Thanks for your patience!
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Monday, November 24, 2008 11:17 AM
To: Ray Martinez
Subject: Re: Checking in
That should work fine.
FOIA 2011-30 3-70
I'll talk to you then.
~ ~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - -
From: "Ray Martinez" [Ray.Martinez@rice.edu]
Sent: 11/24/2008 11: 15 AM CST
To: Matthew Petersen
Subject: RE: Checking in
Looks like I need to jump on a conference call for Rice at 11:30am ... any chance we can have a late
lunch? Say around 12:45 or lPM?
If so, I would be glad to come and pick you up (my office is literally two blocks from your hotel) and take
you to a nearby restaurant.
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 (Office} I 713-348-6257 (Fax}
512-536-1148 (Austin} I 512-653-3331 (Mobile}
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Monday, November 24, 2008 9:13AM
To: Ray Martinez
Subject: Re: Checking in
Lunch would be great.
I'm staying at the downtown Omni. So just let me know where would be a good place to meet.
From: "Ray Martinez" [Ray.Martinez@rice.edu]
Sent: 11/24/2008 08:25 AM CST
To: Matthew Petersen
Subject: Checking in
Good Morning, Matt:
1 hope your trip into Austin went well. I just wanted to check in with you to see if you had any plans for
lunch today ... if not, I would welcome the chance to take you to lunch and catch-up with you in person
prior to class this evening.
Let me know. Thanks.
FOIA 2011-30 3-71
RAY MARTINEZ Ill
RICE UNIVERSITY
DIRECTOR, STATE/FEDERAL GOVERNMENT RELATIONS
6100 Main Street, MS 700 I Houston, Texas 77005
823 Congress Avenue, 8th Floor I Austin, Texas 78701
713-348-6237 (Office) I 713-348-6257 (Fax)
512-536-1148 (Austin) I 512-653-3331 (Mobile)
FOIA 2011-30 3-72
a
-
"Kennedy, Kevin - GAB"
<Kevin.Kennedy@Wisconsin.
gov>
09/28/2009 12:59 PM
To "'CHunter@fec.gov"' <CHunter@fec.gov>
cc "MPetersen@fec.gov" <MPetersen@fec.gov>
bee
Subject RE: COGEL Panel description
Caroline,
Thank you for getting back to me. I will follow up with Matt later today.
Kevin
Kevin J. Kennedy
Director and General Counsel
Wisconsin Government Accountability Board
608-261-8683
Kevin. Kennedy@wi.gov
From: CHunter@fec.gov [mailto:CHunter@fec.gov]
Sent: Monday, September 28, 2009 11:45 AM
To: Kennedy, Kevin- GAB
Cc: MPetersen@fec.gov
Subject: Re: COGEL Panel description
Kevin,
Good to talk to you last week, thank you for calling. Matt Petersen, who is currently serving as Vice
Chairman of the FEC, would like to participate in the session. I am copying Matt on this email so you can
contact him directly about the panel. Matt's phone number is (202) 694-1 009.
Take care,
Caroline
Caroline C. Hunter
Commissioner
Federal Election Commission
(202) 694-1 043
chunter@fec.gov
"Kennedy, Kevin- GAB" <Kevin.Kennedy@Wisconsin.gov>
09/21/2009 04:49PM
Caroline,
To "'chunter@fec.gov"' <chunter@fec.gov>
cc
Subject COGEL Panel description
FOIA 2011-30 3-73
It was great to talk with you this afternoon. I have attached the COGEL panel description. This
is an abbreviated form of a panel we have done with the same folks for the past two COGEL
conferences. The only change has been the FEC representative. Both Mark Shonkwiler (2007)
and Ellen Weintraub (2008) have participated in the past.
The session will be on Monday, December 7, 2009 beginning at 3:30 and continuing until4:45
pm. Panel members will share their views on the impact of the Citizens United decision on the
regulation of third party political activity. I will serve as moderator of the session. A list of
fellow presenters is included in the attachment. Panel members will have 10 minutes for their
part of the presentation. Following the panel discussion, I will lead a question and answer period
on the issues presented.
Kevin
Kevin J. Kennedy
Director and General Counsel
Wisconsin Government Accountability Board
608-261-8683
kevin.kennedy@wi.gov
FOIA 2011-30 3-74
(b) (6)
(b) (6)
(b) (6)
Larry,
"Kennedy, Kevin- GAB"
<Kevin.Kennedy@Wisconsin.
gov>
11/25/2009 05:29PM
To "'Lawrence.Noble@skadden.com"'
<Lawrence.Noble@skadden .com>, "'MPetersen@fec.gov"'
<MPetersen@fec.gov>
cc "'lois.g.lerner@irs.gov"' <lois.g.lerner@irs.gov>,
"'wittenwyler@gklaw.com"' <wittenwyler@gklaw.com>,
"'pryan@campaignlegalcenter.org"'
bee
Subject Re: COGEL
I am sorry you will not be able participate at COGEL. The panel will be diminished by your absence.
However, it is a top notch group and we will go on with the show.
The panel and all your COGEL friends will miss you.
Best of luck and Happy Thanksgiving.
For the remaining panel members, please send me your availability for a short teleconference next week.
Happy Thanksgiving to all.
Kevin
From: Noble, Lawrence M <Lawrence.Noble@skadden.com>
To: Kennedy, Kevin - GAB; 'MPetersen@fec.gov' <MPetersen@fec.gov>
Cc: 'lois.g .lerner@irs.gov' < lois.g.lerner@irs.gov>; 'wittenwyler@gklaw .com' <wittenwyler@gklaw .com>;
'pryan@campaignlegalcenter.org' <pryan@campaignlegalcenter.org>
Sent: Wed Nov 25 15:53:17 2009
Subject: RE: COGEL
Kevin (and all),
My deepest regrets, but I will not be able to make the COGEL conference this year, which means
I will miss the panel.
I will miss seeing everyone and what I know will be a lively panel.
Have a Happy Thanksgiving,
Best,
Larry
FOIA 2011-30 3-75
Lawrence M. Noble
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
T: 202.371.7365
F: 202.661.0565
lawrence. noble@skadden .com
~
From: Kennedy, Kevin - GAB [mailto:Kevin.Kennedy@Wisconsin.gov]
Sent: Thursday, October 29, 2009 7:00 PM
To: 'MPetersen@fec.gov'
Cc: 'lois.g.lerner@irs.gov'; 'wittenwyler@gklaw.com'; Noble, Lawrence M (WAS);
'pryan@campaignlegalcenter.org'
Subject: RE: COGEL
Matt,
Thank you for agreeing to participate in the COGEL panel. Please provide me with a short bio that I can
use for introductions. If you think you need to use a power point please let me know.
I plan to schedule a conference call for panel members in the week following Thanksgiving. It would be
helpful if the U.S. Supreme Court has ruled by that time.
I am copying the other panel members so they know you are participating .
. I look forward to seeing you in December.
Kevin
Kevin J. Kennedy
Director and General Counsel
Wisconsin Government Accountability Board
608-261-8683
Kevin. Kennedy@wi.gov
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Thursday, October 29, 2009 12:40 PM
To: Kennedy, Kevin- GAB
Subject: Re: COGEL
Kevin,
I'd be happy to participate on the panel. As we get closer to the conference, let me know if there's any additional
information I should keep in mind.
Best,
Matt
Matthew Petersen
FOIA 2011-30 3-76
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
From: "Kennedy, Kevin- GAB" [Kevin.Kennedy@Wisconsin.gov]
Sent: 10/18/2009 09:32PM EST
To: Matthew Petersen
Cc: Caroline Hunter
Subject: RE: COGEL
Matt,
Thank you for getting back to me. This panel has become a COGEL institution. It has served as a
discussion point for the intersection of regulation and political speech. The panel originally started as a
means of providing the audience with a perspective on who the wide range of speakers were in political
campaigns and what regulations, if any, applied to their political speech. The public and regulators were
often asking "who are these folks that are talking about candidates and issues, can we limit their political
advertising and how are they funded?"
Given so much political speech is either exempt from regulation or regulated under tax law rather than
campaign finance law, I have tried to pull together a diverse panel to keep the audience up to date on the
latest development in the intersection of regulation and political speech. The Citizens United case and the
Emily's List case will provide the most recent springboard from which to share views on these issues.
I have pulled together a panel that presents several perspectives that has been well received because it
includes regulators, the regulated and reform groups. The panel members include two attorneys in private
practice who advise politically active individuals and groups - Mike Wittenwyler of Madison and Larry
Noble of DC. Larry has additional background with the FEC and an advocacy group. I have also included
Lois Lerner, the Director of Exempt Organizations at the IRS along with Paul Ryan from the Campaign
Finance Institute. You and I represent the regulators. The FEC has always played role on this panel.
There is only a short period of time to comment- 10 minutes each. I really want to ensure that the
audience has 25 minutes to ask questions of the panel.
Your role is really to give a perspective from the FEC standpoint in light of the most recent decisions. Of
course I am assuming the Citizens United decision will have been released by then.
I have attached a copy of the panel description. Note you are the player to be named later.
I really hope you can do this.
Kevin
Kevin J. Kennedy
Director and General Counsel
Wisconsin Government Accountability Board
608-261-8683
Kevin. Kennedy@wi.gov
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Friday, October 16, 2009 10:56 AM
FOIA 2011-30 3-77
To: Kennedy, Kevin - GAB
Subject: COGEL
Kevin,
I apologize that I've been so difficult to reach recently. Caroline discussed with me the possibility of
appearing on a panel at the COGEL conference--! believe the topic being the Citizen's United case. Let
me know the basics about the panel (i.e., the specifics you'd like the panelists to address, the names of
the other panelists, and the how long it will last). I'd probably be available to participate.
E-mail is probably the best way to contact me over the next few days.
Best,
Matt
MatthewS. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
****************************************************
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FOIA 2011-30 3-78
"Kennedy, Kevin- GAB"
<Kevin.Kennedy@Wisconsin.
gov>
10/29/2009 08:01 PM
To "'MPetersen@fec.gov"' <MPetersen@fec.gov>
cc "'director@cogel.org"' <director@cogel.org>,
"'LeeAnn. Pelham@lacity .org"'
<LeeAnn.Pelham@lacity.org>, "'msullivan@cpf.state.ma.us"'
bee
Subject 2009 COGEL Panel
History:
This message has been
Matt,
Thank you for agreeing to participate in the panel on the impact of recent court cases and the regulation of
political speech. Please in the the attached letter for details on the panel and the COGEL conference.
I look forward to seeing you in Arizona.
Kevin
Kevin J. Kennedy
Director and General Counsel
Wisconsin Government Accountability Board
608-261-8683
Kevin.Kennedy@wi.gov


Petersen Invite. pdf
FOIA 2011-30 3-79
State of Wisconsin\Government Accountability Board
Post Office Box 7984
211 East Washington Avenue, Third Floor
Madison, WI 53707-7984
Voice {608) 166-8005
Fax (608) 167-0500
E-maiJ: gab@wisconsin.gov
http://gab.wi.gov
f l
~
.
.
.
.
October 29 2009 BY ELECTRONIC MAIL
The Honorable Mathew S. Petersen, Vice-Chair
Federal Election Commission
999 E Street, NW
. Washington, DC 20463
Subject: 2009 Conference of the Council on Governmental Ethics Laws (COGEL)
Dear Vice-Chair Petersen:
KEVIN J. KENNEDY
Director and General Counsel
I am writing to thank you for agreeing to participate in a session that I will be moderating at the 3lstth
Annual COGEL Conference, being held December 6-9, 2009 in Scottsdale, Arizona. Our session will
be on Monday, December 7, 2009 beginning at 3:30 and continuing unti14:45 pm. You will share
your views on the impact of the Citizens United decision on the regulation of third party political
activity. I will serve as moderator of the session. A list of fellow presenters at this session
accompanies this correspondence. Panel members will have 10 minutes for their part of the
presentation. Following the panel discussion, I will lead a question and answer period on the issues
presented.
The conference will be held at the Fairmont Scottsdale. I urge you to make your hotel reservations at
the secured COGEL group rate as soon as possible. Reservations may be booked online directly
through the COGEL website at www.cogel.org. Once the conference registration form is available for
distribution, I will forward you the form for completion.
Please be advised that COGEL policies prohibit speakers from using their presentations to solicit
business from COGEL members. Speakers are generally permitted to display reading materials that
are for sale, but must obtain written permission from CO GEL's Executive Director before the
conference.
Please forward to me by October 30th a brief(200 words or less) biographical sketch in Word format
to be used for introduction purposes at the beginning of the session. Also, by that same date, notify
me of any audio-visual equipment you will need for your presentation.
To facilitate the learning process, it is highly recommended that you provide the audience with
handouts of your presentation, including copies of slides, if applicable, and to make presentations as
lively and interactive as possible. To ensure any electronic information you wish to present at your
session will be accessible on our conference computers, we ask that use a flash drive rather than a CD
for that purpose. You can ship copies of handouts directly to the conference hotel-7575 East
Princess Drive, Scottsdale, AZ 85255-5802 AlTN: COGEL Conference- no sooner than three days
before the start of the conference. Upon request, COGEL can provide you with the name of a business
in Scottsdale that can be contacted to arrange copying services. You will be responsible for the costs
of any copying services you arrange.
FOIA 2011-30 3-80
Matthew Petersen
October 29, 2009
We look forward to your participation. If you have any questions or need further information, feel free
to contact me at 608-261-8683 or kevin.kennedy@wi.gov.


Director and General Counsel
Wisconsin Government Accountability Board
Enclosure
cc:
Diane Gill, COGEL Executive Director, P. 0. Box 81237, Athens, GA 30608
director@cogel.org
LeeAnn Pelham, 2009 Program Committee Chair, City Ethics Commission
200 North Spring Street, 24th Floor, Los Angeles, CA 90012
leeann.pelham@lacity.org
Michael J. Sullivan, Director, Massachusetts Office of Campaign and Political Finance
One Ashburton Place, Room 411 Boston, MA 02108
msullivan@cpf.state.ma. us
FOIA 2011-30 3-81
(b) (6)
(b) (6)
(b) (6)
"Stidvent, Veronica V"
<vstidvent@austin .utexas.ed
u>
11/15/2009 08:50PM
To "MPetersen@fec.gov" <MPetersen@fec.gov>
cc
bee
Subject RE: Question
Hist9ry:
-lfl) This message has been r e p l i e ~ to.
Matt,
Welcome to Austin! I hope you had a pleasant trip.
Your remarks sound perfect. The preceding panel will end at 11:45, and everyone will go to the
ballroom for lunch. Salads and desserts will be on the table, so we will wait until the entree has been
cleared before introducing you (probably by about 12:30). If time permits and you don't mind, we will
allow for some audience questions after your remarks.
If you need any assistance, below are the cell numbers for Center staff. We will be at the Conference
Center by 8:00AM tomorrow.
Veronica Stidvent
Margaret Temple
Vanessa Stotts
I look forward to meeting you in person.
Best wishes,
Ronnye
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Sunday, November 15, 2009 7:44PM
To: Stidvent, Veronica V
Subject: Re: Question
Ronnye,
I made it into town without a hitch and look forward to participating in tomorrow's forum.
In my remarks tomorrow, I plan on starting out by providing some background information about the Commission
and its recent activities. I then will provide a brief summary of key campaign fmance cases and then discuss some of
the most important cases to which the FEC is currently a party (this will include some discussion about about the
Citizens United case).
I will fmish off by briefly talking about public fmancing, Internet political activity, and what the future may hold. I
would guess my remarks will last about 20 minutes (give or take 5 minutes). I hope this is consistent with what you
were expecting.
I look forward to talking with you further tomorrow.
FOIA 2011-30 3-82
Best,
Matt
From: "Stidvent, Veronica V" [vstidvent@austin.utexas.edu]
Sent: 11/10/2009 04:18PM CST
To: Matthew Petersen
Subject: RE: Question
Matt,
The audience will be a mix of students (graduate and undergraduate}, professors, and professionals (we
tend to draw a crowd from the Capitol}. Attached are the final agenda and the summary poll results.
Please note that the results are embargoed until midnight on Monday. We have already had media
interest in the poll, which should generate more coverage of the event.
If there are media outlets you wish us to add to our press release list, please let me know. Thanks
again for your participation. Do not hesitate to contact me if we can make your visit easier.
Best wishes,
Ronnye
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Tuesday, November 10, 2009 3:19PM
To: Stidvent, Veronica V
Subject: Question
Hi Veronica,
I have a quick question. Will the audience primarily consist of students or of scholars and professionals?
I'm beginning to put together my remarks, and I hope to avoid being either too basic or too technical. Just
let me know.
Many thanks.
Matt
P.S. And when you get a chance, if you could forward to me the agenda and the poll results, that would be
terrific. Looking forward to being part of the seminar.
Matthew S. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
FOIA 2011-30 3-83
Matt,
"Stidvent, Veronica V"
<vstidvent@austin.utexas.ed
u>
11/18/2009 10:10 AM
To "MPetersen@fec.gov" <MPetersen@fec.gov>
cc
bee
Subject RE: Thank You
We were delighted that you could join us. Your remarks were very insightful, and we thank you for
being part of the event.
Best wishes,
Ronnye
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Tuesday, November 17, 2009 4:45 PM
To: Stidvent, Veronica V
Subject: Thank You
Ronnye,
I wanted to thank you again for the invitation to speak at yesterday's forum. I very much enjoyed being
able to participate and found the results of the research by Professors Shaw and Roberts to be
fascinating.
Best of luck with everything at the Center.
Matt
Matthew S. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
FOIA 2011-30 3-84
Matt,
"Roberts, Brian E"
<brian.roberts@austin. utexas
.edu>
11/18/2009 11 :58 AM
To "MPetersen@fec.gov" <MPetersen@fec.gov>
cc
bee
Subject RE: Money & Politics Forum
It was great of you to make the trip to Austin for the conference. Your luncheon comments were well
received and made clear to all that the panel discussion wasn't just a theoretical exercise. I'm glad to
hear that you found the survey useful; as Daron and I dig deeper into the data we will gladly share our
findings with you.
All the best.
Brian
Brian E Roberts
Professor of Government and Economics
The University of Texas at Austin
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Tuesday, November 17, 2009 4:50PM
To: roberts@mail.utexas.edu
Subject: Money & Politics Forum
Brian,
I enjoyed meeting you yesterday and listening to your comments on the morning panel. The
results of your research were very interesting, and I've already shared them with several of my
colleagues. Please feel free in the future to forward any research or findings on campaign
finance-related issues that you feel we may be interested in reviewing.
Best of luck with everything.
Matt
Matthew S. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
FOIA 2011-30 3-85

'
.
"Roberts, Brian E"
<brian.roberts@austin.utexas
.edu>
01/28/2010 11:23AM
To "MPetersen@fec.gov" <MPetersen@fec.gov>
cc
bee
Subject RE: Money & Politics Forum
Matt,
I thought you might be interested in some of the preliminary results from deeper probing of the data
from the money & politics survey we conducted this past fall. In particular I have so far not been able
to find any difference in perceptions of corruption- generic, in campaign finance, or, even more
specifically, the role of corporations in politics- between respondents in states with and without
pre-CU limits on corporate independent expenditures. These and related results are being written up
for a conference presentation in April.
Brian
Brian E Roberts
Professor of Government and Economics
The University of Texas at Austin
(512) 232-7243
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Tuesday, November 17, 2009 4:50PM
To: roberts@mail.utexas.edu
Subject: Money & Politics Forum
Brian,
I enjoyed meeting you yesterday and listening to your comments on the morning panel. The
results of your research were very interesting, and I've already shared them with several of my
colleagues. Please feel free in the future to forward any research or findings on campaign
finance-related issues that you feel we may be interested in reviewing.
Best of luck with everything.
Matt
MatthewS. Petersen
Vice Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
FOIA 2011-30 3-86
(b) (6)
(b)
(b) (6)
(b) (6)
(b) (6)

"Spies, Charles" To M Petersen@fec.gov
<cspies@mckennalong.com>
cc
05/01/2010 05:48PM
bee
Subject RE: BNA Conference
Matt -
I'm sorrv to hear that you can't make it, but we totally understand,
- Charlie
Charles R. Spies I Of Counsel
McKenna Long & Aldridge LLP
1900 K Street NW I Washington, DC 20006
Tel: 202.496.7878 I Fax: 202.496.7756 I cspies@mckennalong.com
-----Original Message-----
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Saturday, May 01, 2010 2:22 PM
To: Spies, Charles
Subject: BNA Conference
Charlie,
It unfortunately looks like I won't be able to participate in Thursday's
conference.
I apologize for the late notice. I really would like to be there. But I
don't think it will be possible. Please let me know if there's anything
I can do to help out with any other events you may be planning. And at
some point in the near future, we ought to get together for lunch.
Best,
Matt
Matthew Petersen
Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
CONFIDENTIALITY NOTICE:
FOIA 2011-30 3-87
This e-mail and any attachments contain information from
the law firm of McKenna Long & Aldridge LLP, and are
intended solely for the use of the named recipient or
recipients. This e-mail may contain privileged
attorney/client communications or work product. Any
dissemination of this e-mail by anyone other than an
intended recipient is strictly prohibited. If you are not a
named recipient, you are prohibited from any further
viewing of the e-mail or any attachments or from making any
use of the e-mail or attachments. If you believe you have
received this e-mail in error, notify the sender
immediately and permanently delete the e-mail, any
attachments, and all copies thereof from any drives or
storage media and destroy any printouts of the e-mail or
attachments.
FOIA 2011-30 3-88
(b) (6)
(b) (6)
(b) (6)
(b) (6)
"Spies, Charles"
<cspies@mckennalong.com>
To MPetersen@fec.gov, "Brown, Carol Lyn"
<CBROWN@mckennalong.com>
cc Petersen_Office@fec.gov
03/12/2010 02:22PM
bee
Subject RE: Letter of Invitation to participate in the BNA Conference
on May 6, 2010
Thank you Matt! We are glad you can join, and totally understand
convince Caroline or Don to pinch hit if necessary).
Thanks again!
-Charlie
Charles R. Spies 1 Of Counsel
McKenna Long & Aldridge LLP
1900 K Street NW 1 Washington, DC 20006
Tel: 202.496.78781 Fax: 202.496.77561 cspies@mckennalong.com
From: MPetersen@fec.gov [mailto:MPetersen@fec.gov]
Sent: Friday, March 12, 2010 2:07PM
To: Brown, carol Lyn
Cc: Spies, Charles; Petersen_Office@fec.gov
Subject: Re: Letter of Invitation to participate in the BNA Conference on May 6, 2010
(and I trust we can
I would be happy to participate in the conference. There is one potential wild card, though.
So there is a possibility that,
might have to drop out. But provided that doesn't happen, I accept the invitation to speak.
Best,
Matt
MatthewS. Petersen
Chairman
Federal Election Commission
999 E Street, NW
Washington, DC 20463
"Brown, Carol Lyn" <CBROWN@mckennalong.com>
03/10/2010 05:31 PM
To mpetersen@FEC.gov
cc "Spies, Charles" <cspies@mckennalong.com>
Subjec Letter of Invitation to participate in the BNA Conference on May 6,
t 2010
FOIA 2011-30 3-89
Sent on Behalf of Charlie Spies:
Dear Chairman Petersen:
Attached please find your letter of invitation for the above
conference to be held at McKenna Long & Aldridge LLP on May 6, 2010.
Thank you,
Carol Lyn
<<Letter to Chairman Petersen.PDF>>
Carol Lyn Brown I Legal Secretary
McKenna Long & Aldridge LLP
1900 K Street NW I Washington, DC 20006
Tel: 202.496.7613 I Fax: 202.496.7756 I clbrown@mckennalong.com
CONFIDENTIALITY NOTICE:
This e-mail and any attachments contain information from
the law firm of McKenna Long & Aldridge LLP, and are
intended solely for the use of the named recipient or
recipients. This e-mail may contain privileged
attorney/client communications or work product. Any
dissemination of this e-mail by anyone other than an
intended recipient is strictly prohibited. If you are not a
named recipient, you are prohibited from any further
viewing of the e-mail or any attachments or from making any
use of the e-mail or attachments. If you believe you have
received this e-mail in error, notify the sender
immediately and permanently delete the e-mail, any
attachments, and all copies thereof from any drives or
storage media and destroy any printouts of the e-mail or
attachments.
[attachment "Letter to Chairman Petersen.PDF" deleted by Matthew S
Petersen/FEC/US]
FOIA 2011-30 3-90
(b) (4)
a
-
"NAB PAC"
<nabpac@nabpac.org>
07/12/2010 01:39PM
To "Baran, Jan" <JBaran@wileyrein.com>,
<M Petersen@fec.gov>
cc "Janet Bain" <jan@janetbainco.com>
bee
Subject RSVPs for tomorrow
I thought you might like to see the list of individuals who will attend the NABPAC PAC Rap luncheon
tomorrow at Wiley Rein. The total in-person attendees is 89, and there will be another 18 participating by
telephone. Please let me know if you have any questions.
FOIA 2011-30 3-91
(b) (4)
FOIA 2011-30 3-92
(b) (4)
Geoffrey C. Ziebart
Executive Director
National Association of Business Political Action Committees (NABPAC)
101 Constitution Avenue, NW
Suite L-110
Washington, DC 20001
(202) 341-3780 - p
(202) 4 78-0342 - F
www.nabpac.org
FOIA 2011-30 3-93
"Daniel Pang"
<danielp@chambersandpartn
ers.co.uk>
11/29/2010 07:52AM
To <mpetersen@fec.gov>
cc
bee
Subject Chambers and Partners Interview Request
History:
~ This message has been forwarded.
Dear Mr Petersen
My name is Daniel Pang, and I am a researcher Chambers and Partners, a legal publishing company
based in London.
Right now I am carrying out research on the law firm Caplin Drysdale and its practice in US Government
Political Law, and the firm put forward your name as a potential referee for their practice.
I would be very interested in speaking to you over the phone regarding the firm's practice in US
Government Political Law, on a completely unattributable basis. Or if you prefer I have attached a list of
questions that you could answer instead.
Thanks for your help, and I look forward to hearing from you.
Regards
Daniel Pang
Daniel Pang
Researcher
Chambers and Partners
3 9 Parker Street
London WC2B 5PQ
Tel: +44 0207 606 8844
Direct Dial: +44 0207 778 1699
Website: www.chambersandpartners.com
<<Caplin Drysdale. doc>>
This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email
CaplinD rysdale. doc
FOIA 2011-30 3-94
REFERENCE QUESTIONS
1. What are the major business issues in the US Government Political
Law area at the moment, as far as your experience goes?
2. How long have you been instructing Caplin & Drysdale?
3. What matters has/have the lawyer/s handled for you over the last 12
months or so?
4. Who are the main individuals you deal with? Have you been
impressed? If so, what is it about him/her/them that has impressed
you? Any particular skills? (Such as negotiation, soft skills, technical
ability, etc.)
5. What's your overall impression of his/her/their practice and Caplin &
Drysdale as a whole?
6. What is your opinion of the firm's client service? How responsive was
it? Was it proactive, able to suit your business interests? Did the team
seem well-staffed and well-trained?
7. What do you think of the firm's commercial awareness? Was the team
aware of the situation, able to interface well both with the matter at
hand and with you? Does the firm try hard to make itself known to
clients?
8. Are there any junior individuals you think we should take a closer look
at? What is it about him/her/them which stands out?
9. Which other firms, if any, do you use for similar work? Are there any
firms and/or lawyers that have impressed you?
ADDITIONAL QUESTION ABOUT OUR PUBLICATION:
10. Do you use Chambers directories? If so, do you have any non-
attributable feedback for us to help improve our product? If you would
be willing to provide an on-record testimonial about Chambers &
Partners, please state this clearly along with your full name, business
title and contact details. Would you also like to receive a free copy of
one our upcoming guides?