You Might Be a Lobbyist If…

February 2011If you are seeking investment funds from the New York City Pension systems, you might be a lobbyist.

Regulatory bodies in New York have become increasingly aggressive in monitoring, and prosecuting abuses of, the process by which public pension monies are invested. The City of New York has released an important opinion for individuals and entities who do business with New York City's pension funds, concluding that seeking investments from the New York City pension funds constitutes "lobbying."

This significant determination means that any individual or entity that is seeking investment from New York City pension funds must register themselves as a lobbyist (assuming a low threshold of compensation is exceeded). It also means that success fees related to obtaining these funds are prohibited, and individuals and entities are subject to significant additional penalties and liabilities for failure to follow this law carefully.

Take note that the New York City Clerk—the entity charged with enforcing the City Lobbying Law—has committed to aggressively enforce this new interpretation.

Herrick's Government Relations Group has vast experience advising clients on lobbyist registration, reporting, and compliance issues.

Copyright © 2011 Herrick, Feinstein LLP. This alert is published by Herrick, Feinstein LLP for information purposes only. Nothing contained herein is intended to serve as legal advice or counsel or as an opinion of the firm.