Chamber takes a victory lap with non-competes rule blocked

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Aug 21, 2024 View in browser
 
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By Caitlin Oprysko and Daniel Lippman

Presented by Wells Fargo

PROGRAMMING NOTE: Influence will not be publishing from Aug. 26 through Sept. 2. We’ll be back to our normal schedule on Tuesday, Sept. 3.

THE CHAMBER TAKES A VICTORY LAP: Tuesday’s ruling from a federal judge striking down the Biden administration’s proposed ban on most non-compete agreements was a major win for a large swath of the business community, and the U.S. Chamber of Commerce cheered the decision with some quantitative context on its legal broadsides against the administration’s regulatory agenda.

— The business lobby pointed to six other “major” courtroom wins against the Biden administration, including preliminary victories earlier this year against rules related to credit card late fees; how businesses are deemed to be joint employers; and how anti-redlining practices are assessed. In 2023, the Chamber pointed to successful challenges to rules governing stock buybacks; the CFPB’s ability to bring discrimination claims against companies; and water feature regulations.

— In a statement, Chamber President Suzanne Clark called the non-compete ruling “a significant win in the Chamber’s fight against government micromanagement of business decisions,” and vowed that her organization is “committed to holding the FTC — and all agencies — accountable to the rule of law, ensuring American workers and businesses can thrive.”

— While some of the lawsuits referenced by the Chamber have reached resolutions, others are in various states of appeal that, similar to the non-compete challenge, are likely to make their way to the Supreme Court.

— The Chamber’s legal fights haven’t been all smooth sailing, however. Its efforts to challenge the Inflation Reduction Act’s drug pricing provisions were tossed by a federal judge, for instance, and the business community’s affinity for an industry-friendly court in Texas has started to draw the ire of liberal watchdog groups.

THE BUZZ IN CHICAGO: Lobbyists flock to conventions every four years to network, advocate for their clients and companies and prepare for the new administration. This year’s DNC is no different — but the shocking change at the top of the ticket has them scrambling to meet Vice President Kamala Harris’ inner circle and understand how she would change Washington, Daniel reports.

— Influence peddlers in Chicago see some policy opportunities for their pet causes in the switch-up if Harris wins in November. But they also expect things to generally “be very similar” to how the Biden administration has operated, one lobbyist said.

— But since the Biden-to-Harris shift was so sudden, when one transportation lobbyist was asked whether they had zeroed in on who on Harris’ team was responsible for their issues, the lobbyist conceded, “I don’t think we’ve gotten that far yet.”

— Meanwhile, a cannabis lobbyist in Chicago was optimistic about how Harris would help his industry — even if cannabis reform isn’t addressed in the Democratic platform. “She’s been a big champion of the administration’s process of reclassifying cannabis,” said Adam Goers, senior vice president of corporate affairs at The Cannabist Company. “In her own term, we hope she’s going to take the next step and legalize, which Biden would not have done.”

Happy Wednesday and welcome to PI. Send us DNC tips, event reviews, spotteds or anything else — we’ll keep you anonymous! — to coprysko@politico.com. And be sure to follow me on X: @caitlinoprysko.

 

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OUT AND ABOUT IN THE WINDY CITY — SPOTTED on Tuesday morning at a “brat” brunch hosted by Invariant, which featured Bratty Marys and Madame President Mimosas, per a tipster: Sens. Maggie Hassan (D-N.H.), Jeff Merkley (D-Ore.), Tina Smith (D-Minn.), Sheldon Whitehouse (D-R.I.); Gov. Jared Polis (D-Colo.); Reps. Ami Bera (D-Calif.), Sean Casten (D-Ill.), Lizzie Fletcher (D-Texas), Jimmy Gomez (D-Calif.), Jim Himes (D-Conn.), Grace Meng (D-N.Y.), Abigail Spanberger (D-Va.), Paul Tonka (D-N.Y.) and Joe Morelle (D-N.Y.); Del. Stacey Plaskett (D-Virgin Islands); Ambassador Geraldine Byrne Nason; Yamiche Alcindor; Jon Banner; Sophia Bush; Anne Caprara; Stephen Ciccone; Alex Edelman; Adrienne Elrod; Lisa Jackson; Brad Karp; John McCarthy; Maryland first lady Dawn Moore; Sabastian Niles; Brian Pieninck; Heather Podesta; Goli Sheikholeslami; and Chris Wallace.

— And at a panel hosted by the Chamber of Progress on why Democrats should embrace its new cost of living agenda, per a tipster: New York Assemblymember Alex Bores, Wisconsin State Rep. Supreme Moore Omokunde, Lauren Harper Pope of WelcomePAC, David Slifka of Bluem Ventures, Derek Kaufman of the Inclusive Abundance Initiative, Carrianna Kuruvilla of DoorDash, Roy Bahat of Bloomberg Beta, Liza Getsinger of Google and Brian Hanlon of California YIMBY.

COMING ATTRACTIONS?: “While billionaires have pushed Kamala Harris to depart from President Joe Biden’s antitrust policy, the Democratic Party seems to be doubling down,” Verge’s Lauren Feiner writes.

— “The word ‘competition’ comes up 18 times in the party’s 2024 platform, compared to nine in the 2020 version. Other key policy areas, like tackling junk fees and noncompetes, are mentioned several times in the 2024 platform as well, compared to just one passing reference to noncompetes in the 2020 document. Notably, those are areas where the Federal Trade Commission, led by Lina Khan — a target of ire from more business-minded Democrats like Reid Hoffman — has been instrumental.”

— “Even though it predates Democrats’ swap of their leading candidate, the platform, along with some other early indicators, begins to paint a fuzzy picture of where Harris stands on tech policy. So far, it’s been difficult to pinpoint her specific views on topics like antitrust enforcement and a potential TikTok ban since she’s had little incentive to stray publicly from President Biden’s views.”

PLAYING BOTH SIDES: “A powerful labor union is warning of a fox in the henhouse after Baltimore Mayor Brandon Scott’s administration hired a law firm with a history of working to weaken workplace safety rules and representing employers to conduct a safety review for the Department of Public Works,” The Baltimore Banner’s Lee O. Sanderlin and Cody Boteler report.

— “The city hired the Washington-based Conn Maciel Carey firm last week to provide recommendations for improving safety policies, practices and procedures at DPW after a sanitation worker died earlier in August from heatstroke. The worker, Ronald Silver II, complained of feeling unwell on a day the city’s health department issued a ‘code red extreme heat alert’ and the heat index reached 105 degrees.”

— “At the same time Conn Maciel Carey is investigating and reviewing heat safety procedures in Baltimore, the firm is also leading an organized, multi-industry trade group seeking to weaken heat safety regulations being proposed by the Occupational Safety and Health Administration.”

— “Attorney Eric Conn, in letters to OSHA on behalf of the group his firm brought together, has sought to soften a proposed rule around heat safety, arguing broadly the proposed standards were overly regulatory and would require too much work for employers. Among the proposed requirements are providing consistent supplies of drinking water, break areas, shade or air conditioning and paid rest breaks during periods of high heat.”

— “‘Employers need to focus our efforts on what really matters — keeping their employees healthy and safe, not unnecessary, needless paperwork,’ wrote Conn, a founding partner at the firm.”

Jobs report

Alex Davidson is now senior director of public affairs at the National Turkey Federation. He previously was director of public affairs at the Beer Institute.

Rebecca Tinucci is now global head of sustainability at Uber, where she will oversee the company’s transition to electric vehicles. Tinucci previously oversaw the Supercharging team at Tesla before CEO Elon Musk dismissed nearly the entire division in April.

Meg Spencer is now chief communications officer for technology and global issues for the British Embassy in D.C. She previously was press secretary for Rep. Steny Hoyer (D-Md.).

Michael Madowitz is joining the Roosevelt Institute as its first-ever principal economist. He previously was director of macroeconomic policy at the Washington Center for Equitable Growth and the senior economist at the Joint Economic Committee.

Jerita Salley is joining Polsinelli’s corporate M&A practice. She previously was a partner at Wiley Rein.

New Joint Fundraisers

Cooke Victory Fund (Cooke for Congress, Democratic Party of Wisconsin Federal)

Democracy Action Now New York (Reps. Tom Suozzi, Pat Ryan, Democracy Action Now PAC, Josh Riley for Congress, Gillen for NY)

Lyerly Victory Fund (Kristin Lyerly for Congress, Democratic Party of Wisconsin Federal)

 

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New PACs

10000 Lakes PAC (Leadership PAC: Kelly Louise Morrison)

Delco Women for Harris (PAC)

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New Lobbying REGISTRATIONS

Akin Gump Strauss Hauer & Feld: Tso Greenhouses, LLC

Arnold & Porter Kaye Scholer LLP: Pharmaessentia USa Corporation

Atlas Advocacy: Kilroy Realty

Ballard Partners: Nixon Peabody LLP (On Behalf Of Pax Technology Inc. - “Pax US”)

Cornerstone Government Affairs, Inc.: Kellogg Brown & Root LLC

Covington & Burling LLP: Association Internationale Nebi Daniel

Culton Consulting LLC: Adams County

Desimone Consulting, LLC: Pilot Mental Health Campaign (Pmhc)

Hollier & Associates: American Council Of Life Insurers

Leatherstocking LLC: Plurus Strategies (On Behalf Of Me2C Environmental)

Reed Smith LLP: American Health Care Association

Rkt Holdings: Rkt Holdings

Robin & Associates: Rain Carbon Inc

The Vogel Group: Emed, LLC

The Vogel Group: Evolve Bank & Trust

The Vogel Group: Ukraine Future Business Council

Wyman Associates: Pennsylvania Utility Contractors Association

New Lobbying Terminations

Emc Strategy Group, LLC: City Of Charlotte

 

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