Live Nation hires top antitrust lobbyist

By Caitlin Oprysko

With Daniel Lippman

LIVE NATION HIRES BLOOM: Live Nation continues to grow its lobbying footprint after the entertainment and ticketing giant landed in the crosshairs of antitrust hawks, adding top antitrust lobbyist Seth Bloom to its stable of hired guns in Washington.

— Newly filed disclosures show Live Nation retained Bloom, the former longtime general counsel for the Senate’s antitrust subcommittee, days after the panel’s leaders announced plans for a hearing to examine competition in the ticketing industry. As PI noted earlier this week, Live Nation also retained Stewart Strategies and Solutions to lobby on regulatory and legislative issues related to the entertainment industry at the beginning of December.

— In retaining Bloom, Live Nation finds itself in the company of fellow corporate giants who enlisted his help amid antitrust pressure — including JetBlue, Apple, Aetna, Amazon, Comcast, Sprint, Microsoft and Molson Coors. The parent company of Ticketmaster has ramped up its lobbying spending dramatically over the past few years, and now retains seven outside firms.

— Sens. Amy Klobuchar (D-Minn.), Mike Lee (R-Utah), Dick Durbin(D-Ill.) and Lindsey Graham (R-S.C.), the chairs and ranking members of the antitrust subcommittee and broader Senate Judiciary Committee, respectively, announced this week that the full Judiciary Committee will hold its hearing on the issue next Tuesday. The lawmakers singled out Live Nation and its 2010 merger with Ticketmaster specifically and pointed to Ticketmaster’s botched presale for tickets to Taylor Swift’s upcoming tour.

— The fiasco renewed scrutiny on the joint company’s dominance in the ticketing and concert promotion industries and brought to light news of a new Justice Department investigation into whether Live Nation has been complying with an agreement put in place when DOJ approved the merger with Ticketmaster.

— “The issues within America’s ticketing industry were made painfully obvious when Ticketmaster’s website failed hundreds of thousands of fans hoping to purchase tickets for Taylor Swift’s new tour, but these problems are not new,” Klobuchar said in a press release announcing next week’s hearing. “For too long, consumers have faced high fees, long waits, and website failures, and Ticketmaster’s dominant market position means the company faces inadequate pressure to innovate and improve.”

Happy Friday and welcome to PI. Send K Street tips: coprysko@politico.com. And be sure to follow me on Twitter: @caitlinoprysko.

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MORE NEW BUSINESS: Match Group, the parent company of dating apps Tinder, Hinge and OkCupid, enlisted former Senate Majority Leader Tom Daschle for the final sprint to pass app store legislation at the end of the last Congress.

— Baker Donelson Bearman Caldwell & Berkowitz/The Daschle Group’s Joe Hack and Daschle’s son Nathan lobbied on antitrust issues on behalf of Match, an effort that included backing the Open App Markets Act, which would have have forced companies like Apple and Google to grant app developers greater autonomy within app stores and allow users to install apps that the companies have not approved, also known as side-loading.

— Efforts to include the app store bill in lawmakers’ year-end spending package fell short along with other high-profile bills aimed at reining in tech giants, and the antitrust measures face much steeper odds in the new divided Congress.

— But Match may not be totally out of lifelines after a judge in California ruled Thursday that a lawsuit targeting Google’s app store with Fortnite maker Epic Games and more than three dozen state attorneys general will proceed to a jury trial set to begin in November. The company also retains well-connected lobbyists at four other K Street firms, including a onetime aide to Vice President Kamala Harris at Bracewell and a former aide to House Speaker Kevin McCarthy at the Duberstein Group.

WHAT TIMING: “A dark money group tied to conservative judicial activist Leonard Leo was dissolved three days after POLITICO inquired about whether it helped to facilitate the multi-million-dollar sale of former White House senior adviser Kellyanne Conway’s polling company,” our Heidi Przybyla reports.

— “The BH Fund, which was formed in 2016 with an anonymous $24 million donation, has been a nerve center for distributing millions of dollars around Leo’s network of dark-money groups bolstering former President Donald Trump’s Supreme Court picks.”

— “On the day of the 2017 sale of Conway’s polling business to the firm Creative Response Concepts Inc., a lawyer filed similar liens with Virginia regulators for both CRC and BH Fund, which financial experts say suggested the dark money group played a role in financing the transaction, POLITICO reported in late December.”

— “Just three days after POLITICO’s inquiries, the BH Fund closed down, according to documents filed with the Virginia State Corporation Commission. Adam Kennedy, a spokesperson for the firm now known as CRC Advisors, which had performed extensive consulting work for Leo in 2017 and is now led by him, said the BH Fund has been dormant since the end of 2021. He confirmed it was dissolved in October ‘as other organizations made it obsolete.’”

— “The deal, which Conway valued at between $1 million and $5 million on her federal filings, raised potential ethical concerns because Conway was simultaneously advocating with Trump for some of Leo’s favored judicial candidates.” Senate aides confirmed that a committee “is reviewing a new complaint requesting an investigation into whether federal ethics rules or criminal laws were broken in Conway’s sale of her business.”

VENABLE PARTS WAYS WITH ADHD STARTUP: Venable and former Rep. Bart Stupak have parted ways with the ADHD startup Done, new filings show. The startup is one of several that have come under fire after experiencing massive growth during the pandemic, touting swift access to mental health services while taking advantage of relaxed rules governing online prescriptions for controlled substances like the ADHD medication Adderall.

— Stupak, who in Congress sponsored the legislation that effectively banned such prescribing practices, began lobbying for Done at the beginning of 2022. Disclosures show Stupak lobbied both chambers of Congress as well as DOJ and DEA, for which Venable was paid $180,000. Last month in a Bloomberg report Stupak complained that the DEA has dragged its feet on developing guidelines for online prescribing mandated by the 2008 law.

— Telemedicine in general exploded in popularity during the pandemic, and one of the industry’s top legislative priorities in Washington has been making Covid telehealth flexibilities permanent. The omnibus last year extended those flexibilities for another two years, which Stupak told PI is the reason he no longer lobbies for Done — even as advocates have warned that delays at DEA could result in a gap in coverage for virtual prescribing of controlled substances once the Biden administration ends the Covid public health emergency as expected this spring.

IN THE CLEAR: The Interior Department’s internal watchdog said Thursday that it found no evidence Interior Secretary David Bernhardt broke ethics or conflict-of-interest rules when the agency he led made decisions benefitting a former lobbying client, per The New York Times’ Lisa Friedman.

— Bernhardt, whose service in the Trump administration has been bookended by roles at Brownstein Hyatt Farber Schreck, made decisions while at Interior “that benefited Westlands Water District, which represents California farmers, including a deal to grant federal water rights in perpetuity to a large agricultural district.” He’d lobbied for the group for a decade but deregistered months before joining the administration.

— “In a report issued Thursday, investigators said evidence did not support allegations that Mr. Bernhardt withheld information, worked on issues that presented a conflict, or sought to help his former client.”

— “‘We also identified no evidence showing that Mr. Bernhardt’s actions were otherwise unlawful or improper,’ the report found. To the extent that Mr. Bernhardt gave ‘directions, guidance or advice’ regarding the California water decisions, ‘his actions involved policy decisions that were within Mr. Bernhardt’s official discretion,’ it said.”

— Thursday’s report comes after the department’s watchdogs in May determined that while Bernhardt continued to advise Westlands after deregistering, there was not sufficient evidence to show whether he violated the Lobbying Disclosure Act.

THE MOOCH GOES ON CLEAN-UP DUTY: “Following a near collapse of the cryptocurrency market in recent months, Donald Trump’s infamous former communications director — now a crypto investor” went on a mission at the World Economic Forum this week “to convince the global elite that the crypto party isn’t over,” our Erin Banco, Ryan Heath and Suzanne Lynch report in a fun dispatch from Davos.

— Anthony Scaramucci “is one of a slew of crypto junkies — executives and staffers from high-profile exchanges, intermediaries and tech companies — who are here in this Swiss ski resort town to try to convince investors and potential backers that, despite the nearly complete collapse of the industry this fall, everything is just fine.”

— “Scaramucci, a Wall Street veteran, is an institution in Davos.” And “for several years, Scaramucci was also the most valuable thing of all to the nervous global elite — a Trump translator. This year, he came to the Swiss Alps to save his own bacon.”

— “Sam Bankman-Fried, the now-indicted former head of FTX, invested nearly $45 million in Scaramucci’s SkyBridge Capital before the exchange collapsed and Bankman-Fried was arrested in the Bahamas. That represented 30 percent of SkyBridge’s business. Scaramucci isn’t giving up on crypto, and he’s been making the case at Davos to lawmakers and investors that the market is still strong, despite a slew of bankruptcies and job cuts, plus a cratering of market value by two-thirds since the highs of fall 2021.”

— Open Societies Foundation has added Pratima Narayan as advocacy director for Asia and the Pacific; Mooya Nyaundi as advocacy director for Africa; and Alex Sadler as senior policy adviser for Latin America. Narayan was most recently with the Global Initiative for Justice, Truth and Reconciliation at the International Coalition of Sites of Conscience; Nyaundi was most recently with the American Bar Association’s Center for Human Rights; and Sadler was previously with the House Foreign Affairs Committee.

— American Institute for Economics Research has hired Jason Sorens as senior research faculty. He previously was director of research and education at the Center for Ethics in Society at Saint Anselm College.

— Regina Wallace-Jones will be the next CEO of ActBlue, the first Black woman in that role, The Washington Post’s Samantha Chery reports. She previously was COO at LendStreet Financial.

— Holly Harris will be president of The Network, a new effort supporting lawmakers who work across the aisle on a variety of issues. She previously was president and executive director of Justice Action Network.

— Vogel Group’s Brad Howard and Center Forward’s Riley Kilburg have been elected to the board of directors at Q Street.

— Howard Waltzman has been named co-leader of Mayer Brown’s public policy, regulatory & government affairs practice, joining Phil Recht.

— Michael Pillsbury is now a senior fellow for China strategy at the Heritage Foundation. He’ll work with the new China-focused House committee. He previously was a senior fellow and director for Chinese strategy at the Hudson Institute.

— Susan Cato is now chief communications and marketing officer at the Association of American Medical Colleges. She was previously acting chief communications and marketing officer at the association.

— Jim Vivenzio is now senior counsel in the investment management practice and fintech industry group at Perkins Coie. He previously was director for Bank Secrecy Act/anti-money laundering compliance policy with Treasury’s Office of the Comptroller of the Currency.

— Marian Currinder is joining Freedom House as the new director for U.S. democracy. She was most recently a professional staff member on the Select Committee on the Modernization of Congress.

— Janet Trautwein, the CEO of the National Association of Benefits and Insurance Professionals, will step down at the end of 2023 after 26 years at the organization. The board has hired a search firm to find a replacement, and NABIP plans to have a new CEO in place before its annual convention in June.

— Kathleen Mellody has joined JPMorgan Chase as head of federal government relations. She previously helped lead government relations for the Investment Company Institute and held roles in the Obama White House and at the Treasury Department.

— Brian Franklin is now a partner at McGuireWoods’s Charlotte office. He previously served as managing director of regulatory affairs for North Carolina at Duke Energy.

— Liz Charboneau will be the new vice president of research at American Bridge 21st Century. She previously was head of the Bridge to Democracy research program in the 2022 cycle, after running the state legislative program in the 2020 cycle.

— Estephania Gongora will be director of operations for the House Ways and Means Committee. She previously was an associate at Booz Allen Hamilton and is a Trump White House and State alum.

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