Related Practice Areas
- Campaign Finance & Election Law
- Government Ethics, Presidential Nominations, & Senate Confirmations
- Lobbying Law Compliance
- Corporate Anti-Corruption Compliance & Governance
- Government Investigations, Congressional Oversight, Internal Investigations & White Collar Criminal Defense
- Nonprofit Exemption Application, Corporate Governance & Compliance
- Regulatory & Administrative Law
- Strategic Counsel & Crisis Management
- Intellectual Property & Entertainment Law
Managing Partner
Elliot S. Berke serves as Managing Partner of Berke Farah LLP. His unique experience as both in house and outside corporate counsel, as in house and outside counsel to congressional leadership, and as a federal prosecutor brings a holistic approach to political law — from administrative compliance to criminal defense. He has been named by Washingtonian as one of “Washington’s Best Lawyers” and by Chambers USA as a “Nationwide Best Lawyer” consistently since 2011.
His diverse client base consists of federal and state elected and appointed officials, campaign committees, political parties, PACs, corporations, small businesses, trade associations, lobbying firms, public relations firms, nonprofits, as well as artists, and musicians. He represents clients before congressional ethics and oversight committees, the FEC, the DOJ, Inspectors General, and other federal and state departments and agencies and represents musicians on contracts and disputes.
Over his career, Elliot has represented presidential candidates, cabinet officials, a Supreme Court Justice, and nearly 70 current and former Members of Congress. He has represented the top four leadership positions in the U.S. House of Representatives – Speaker, Majority Leader, Majority Whip, and Conference Chair. He serves as outside counsel to Majority Whip Tom Emmer and many Committee Chairs and rank and file Members of Congress, as well as the NRCC. He also serves as outside counsel to former Speaker Kevin McCarthy, having served in that capacity during his entire time in elected leadership. He served as an Assistant Attorney General for the State of Georgia from 2023-2024 and from 2018-2020, as well as Special Assistant Attorney General for the State of Oregon in 2024 and from 2014-2016. He runs election day war rooms for presidential and gubernatorial candidates.
He is a frequent speaker on political law, and regularly conducts the ethics training for the Members of Congress and Chief of Staff retreats sponsored by the Congressional Institute (where he also serves as its outside counsel). His commentary appears in media outlets including Fox & Friends, Special Report w/Bret Baier, Tucker Carlson Tonight, NBC Nightly News, the Wall Street Journal, the New York Times, USAToday, Politico, and the Washington Post. He was the Republican National Lawyers Association’s Lawyer of the Year in 2021 and was the International Advisory Expert Election Law Lawyer of the Year in 2022.
Professional Background
Prior to founding Berke Farah LLP, Elliot served as a partner and as founding practice group co-chair at a global law firm. Before entering private practice full time, Elliot served as the General Counsel of Barbour Griffith & Rogers, a Fortune rated top government relations firm. As the firm’s chief legal advisor, he oversaw compliance with federal and state laws, workplace legal issues, and worked with outside counsels on litigation in federal court.
From 2004 through 2006, he served as in-house counsel and ethics advisor to the two most senior members of House leadership. As Counsel to the Office of the Speaker and General Counsel to the Office of the House Majority Leader, he was responsible for overseeing ethics and compliance for the speaker, the leader, and their staffs. In the three years he worked in House leadership, he implemented procedures to ensure compliance with House Rules and standards of conduct, consulted with campaign and PAC officials, conducted internal reviews, and worked closely with outside counsel.
Elliot also served as a staff representative on the Bipartisan Legal Advisory Group (BLAG), which represents the leadership on matters including speech or debate immunity and separation of powers. His tenure coincided with a notably active period of federal investigation into issues related to Members and congressional staff, and he collaborated with the House General Counsel on how to best protect the interests of the House. He provided guidance on the constitutionality of numerous pieces of legislation over the course of three Congresses and offered advice on the issuance of committee subpoenas. He also served as the principal policy advisor on homeland security, judiciary, tort reform and campaign finance issues, including on the Class Action Fairness Act, and the reauthorizations of the PATRIOT Act and the Voting Rights Act.
Elliot’s ethics and compliance experience on Capitol Hill was preceded by similar experience within the executive branch. As Special Counsel to the Department of Housing and Urban Development (HUD), he oversaw complex and sensitive legal issues for the department. He also advised the Office of the Secretary on questions of ethics, including scheduling issues and FOIA requests. Prior to his service at HUD, he served as a senior associate independent counsel on the Whitewater and Lewinsky federal criminal investigations and worked on multiple grand jury investigations and plea agreements. Elliot began his legal career as an investigative counsel for Senate Permanent Subcommittee on Investigations and the House Committee on Government Reform and Oversight.
Law Politics & Entertainment
Elliot is also well versed in the intersection of law, politics, and entertainment. He has been described as “DC’s liaison to rock ‘n roll” — providing counsel to bands including Yes, Asia, ELP Legacy, Night Ranger, and Gene Loves Jezebel, and helping to produce charity and private events featuring Foo Fighters, Dave Grohl, Bono, Kid Rock, Aerosmith, Garth Brooks, Lionel Richie, Tony Bennett, Billy Idol, Jelly Roll, Journey, Lynyrd Skynyrd, LA super group Royal Machines, The Who’s Roger Daltrey, Susan Tedeschi, Earth, Wind & Fire, Glen Hansard, ZZ Top’s Billy F Gibbons, The Alarm’s Mike Peters, Trace Adkins, Big & Rich, Vanilla Fudge, Buck Dharma, Joan Baez, Maroon 5, Christopher Cross, Smokey Robinson, and Gloria & Emilio Estefan, as well as actors Robert Duvall, Maya Angelou, Jeff Bridges, and George Lazenby.
He is outside counsel to several entertainment related charities including VetsAid (a veteran’s charity founded by the Eagles’ Joe Walsh), Above Ground (a mental health charity founded by Jane’s Addiction’s Dave Navarro and Billy Idol’s Billy Morrison), Love Hope Strength (a cancer charity founded by the Alarm’s Mike and Jules Peters), the Robert Duvall Institute (a charity founded by Robert and Luciana Duvall), and Power to the Patients (a patients’ rights charity fronted by Fat Joe).
He is also outside counsel to Bounce, producer of MusiCares and the Library of Congress’s Gershwin Prize, and to the Go-Go Museum in Washington, DC. He is a partner in Across the Aisle Entertainment, LLC and has consulted on feature and documentary film projects and was Executive Producer of the award-winning documentary feature The Man in the Camo Jacket and its soundtrack.
A perpetual student of history, he played an instrumental role in the dedication of a bust of Winston Churchill in the U.S. Capitol in 2013 and served on the executive committee for A Celebration of Freedom: 25 Years of Democracy – A Salute to Vaclav Havel, a three-day series of events in 2014 that included the dedication of a bust of Havel in the U.S. Capitol chaired by Presidents George H.W. Bush, Bill Clinton, and George W. Bush.
Personal
Elliot is a cum laude graduate of Wake Forest University, where he was a member of the Pi Sigma Alpha and Phi Alpha Theta Honor Societies, and Emory University School of Law, where he served as Executive Articles Editor of the Emory International Law Review. He served as the President of the Center for Election Confidence 2023-2024 and is a past board member of the DC Blues Society. He is currently on the Boards of Directors of the following organizations:
- Above Ground (Chairman of the Board)
- American Friends of the Czech Republic
- Evil Empire Speech Memorial Foundation (Chairman of the Board)
- Folk Americana Roots Music Hall of Fame
- Love Hope Strength Foundation
- Vaclav Havel Center
He serves as an advisor to the Music Division of the Smithsonian’s National Museum of American History. He also serves on the Advisory Boards of the following organizations:
- Election Assistance Commission (appointed by Speaker Paul Ryan in 2017 and reappointed by House Republican Leader Kevin McCarthy in 2019 and 2021 and by Speaker McCarthy in 2023)
- International Churchill Society
- Republican National Lawyers Association (RNLA) (Advisory Board 2004 – ); (Board of Governors 2004-2020); (President 2016-2018)
He is active in alumni affairs for his alma mater Wake Forest University and currently serves on the Athletics Advisory Council. From July 2012 through July 2014, he served as the President of the Wake Forest University Alumni Association and served two terms on the College Board of Visitors. He also served as the DC Regional Chair for the Wake Will capital campaign and as an Adjunct Professor for the fall 2024 semester. He lives in Arlington, Virginia with his two children and goldendoodle. He coached CYO basketball for nine years. In his spare time, he plays rhythm guitar in the band the DePlorables.
Representational Experience
- Serve as outside counsel to current members of Congress and their campaigns and PACs, including Majority Whip Tom Emmer, as well as Chairpersons Mike Bost, James Comer, Rick Crawford, and Bruce Westerman, and Members of Congress including Rick W. Allen, Jim Banks, Mike Carey, James Comer, Ric Crawford, Mike Ezell, Pat Harrigan, Diana Harshbarger, Tom Kean, Jr., Laurel Lee, Barry Loudermilk, Nicole Malliotakis, Michael McCaul, Bob Onder, Tim Scott, and David Valadao. Some past Member or past representations include Speaker Kevin McCarthy, Michelle Bachmann, Marsha Blackburn, Scott Brown, Dan Burton, Buddy Carter, John Carter, Jason Chaffetz, Tom Cole, Ryan Costello, Geoff Davis, Tom DeLay, John Doolittle, Phil English, Anthony D’Esposito, Blake Farenthold, Stephen Fincher, Tom Garrett, Louie Gohmert, Garrett Graves, Sam Graves, Jim Hagedorn, Jody Hice, George Holding, Duncan Hunter, Will Hurd, Bob Inglis, Chris Jacobs, Steve King, Jerry Lewis, Kevin McCarthy, Patrick McHenry, Mark Meadows, Pat Meehan, Devin Nunes, Pete Olson, Tom Price, Adam Putnam, Cathy McMorris Rodgers, Bill Sarpalius, Aaron Schock, Bill Shuster, Kyrsten Sinema, and Ross Spano.
- Representation of Supreme Court Justice Clarence Thomas.
- Representation of corporations, private equity firms, trade associations and lobbying firms on corporate governance and compliance issues, including on lobbying and political activity.
- Representation of non-profits on governance and compliance issues, including the Jack Kemp Foundation, American Energy Alliance, the Bipartisan Policy Center, and the Mercatus Center.
- Pro Bono representation of charities including Above Ground, Robert Duvall Children’s Fund, Love Hope Strength Foundation, and Joe Walsh’s VetsAid (with concerts featuring Joe Walsh, Zac Brown Band, Keith Urban, Gary Clark Jr., Don Henley, James Taylor, Chris Stapleton, Haim, Ringo Starr, Doobie Brothers, ZZ Top, Jason Isbell and the 400 Unit, Sheryl Crow, Brad Paisley, Stephen Stills, ELO, Flaming Lips, Lucious, Post Malone, Eric Church, Toto, & Kool & the Gang).
- Representation of presidential nominees thru the confirmation process during five administrations, including Governor Rick Perry as Secretary of Energy and other senior officials in the first Trump Administration including Acting DNI Director Ric Grenell and Secretary of Health and Human Services Tom Price. Current representations include Special Envoy Ric Grenell and President’s Intelligence Advisory Board Chairman Devin Nunes.
- Representation of high net worth donors and private equity firms on political activity and giving.
- Representation of then House Republican Leader Kevin McCarthy and over 100 Members of Congress on lawsuit in federal court against Speaker Nancy Pelosi, House Sergeant of Arms, and House Clerk challenging the constitutionality of proxy voting.
- Representation of TruthSocial CEO Devin Nunes.
- Representation of Schock for Congress before the Department of Justice in United States v. Aaron Schock, as well as before the FEC.
- Representation of Congressman Duncan Hunter before the Department of Justice in United States v. Duncan D. Hunter, as well as before the FEC.
- Representation of the Governor and Secretary of State for the state of Georgia as Special Assistant Attorney General before the House Committee on Oversight and Government Reform.
- Representation of the Governor and State of Oregon as Special Assistant Attorney General before the House Committee on Oversight and Government Reform and Senate Committee on Finance.
- Representation of Jay Aston’s Gene Loves Jezebel in federal district court in California.
- Representation of Royal Affair Tour featuring Yes, Asia, and Carl Palmer’s ELP Legacy and on ongoing matters.
- Representation of Bounce Entertainment on production of the Library of Congress’ Gershwin Prize in 2016 (Smokey Robinson), in 2017 (Tony Bennett) in 2019 (Gloria and Emilio Estefan), in 2020 (Garth Brooks), in 2022 (Lionel Richie), and on MusiCares in 2017 (Tom Petty) and 2020 (Aerosmith).
- Representation of clients on book, TV, and radio contracts.
- Representation of clients on separation agreements and on employment and operating agreements.
- Representation of multiple members of Congress and congressional staff before the House and Senate Ethics Committees and the Office of Congressional Ethics, and on Financial Disclosure and Stock Act compliance.
- Representation of individuals in political corruption and Foreign Corrupt Practices Act investigations before the Justice Department, Offices of Inspectors General, the Office of Special Counsel, and Congress.
- Representation of federal party committees, campaign committees, PACs, Super PACs and state candidates and parties before the FEC and state agencies on audits and investigations.
- Representation of event producers and charities on fundraising and private events featuring such entertainers as Bono, Kid Rock, Journey, Lynyrd Skynyrd, LA super group Royal Machines, The Who’s Roger Daltrey, ZZ Top’s Billy F Gibbons, The Alarm’s Mike Peters, Trace Adkins, Big & Rich, Vanilla Fudge, Buck Dharma, Gloria & Emilio Estefan, Aerosmith, Joan Baez, Garth Brooks, Billy Idol, Maroon 5, Christopher Cross, Smokey Robinson, Tony Bennett, and Lionel Richie, as well as actors and authors Robert Duvall, Maya Angelou, Jeff Bridges, and George Lazenby.
- Representation of the interests of Romney for President on ballot issues in Virginia.
- Representation of a senior democratic lobbyist in the congressional and Justice Department investigations into the PMA Group.
- Representation of senior government officials before the Office of Special Counsel.
- Schaghticoke Tribal Nation v. Dirk Kempthorne, Secretary of the Interior. Representation of the chief operating officer of the Barbour Griffith & Rogers lobbying firm in federal court.
- United States v. Rayburn House Office Building, Room 2113. Representation of amici curiae brief before the Supreme Court of the United States.