On November 18, 2024, the Department of Justice’s Foreign Agent Registration Act (FARA) Unit published a June 24, 2024 Advisory Opinion discussing whether a Foreign Non-Governmental Organization’s funding of U.S. litigation required the Law Firm representing a U.S. domestic NGO to register under FARA. As noted in an article authored by the US-based international law firm Morrison Foerster, in the opinion, the Unit concluded that a law firm that received funding from a foreign non-governmental organization (NGO) to pursue impact litigation in U.S. courts was required to register under FARA and was ineligible for both the legal and commercial exemptions.
Our thanks to ExxonMobil Executive Counsel and TCJL Board Member Robert Levy for bringing FARA’s opinion and Morrison Foerster’s article to our attention.