Photo of Holly Fechner

Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

Develop compelling public policy strategies
Research law and draft legislation and policy
Draft testimony, comments, fact sheets, letters and other documents
Advocate before Congress and the Executive Branch
Form and manage coalitions
Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, "Dealmaker of the Year" award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USA - America's Leading Business Lawyers from 2012 to the present. One client noted to Chambers: "Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters." According to another client surveyed by Chambers, "Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone's best work."

Contact:Read more about Holly FechnerEmail

Today the White House released an executive summary of the policy reviews President Trump ordered in his America First Trade Policy (AFTP) memorandum, issued on January 20.  Although the full report to the President is nonpublic, according to the executive summary it contains twenty-four chapters, organized into three main pillars: (1) Addressing Unfair and Unbalanced Trade, (2) Economic and Trade Relations with the People’s Republic of China, and (3) Additional Economic Security measures, which includes reviews of export control programs, outbound investment, and other national security policies.

Several of these reviews directly affect the technology industry broadly.  Although the executive summary contains little specific policy detail on these key issues, it does provide an overview of the Administration’s findings and next steps:Continue Reading Agencies Deliver America First Trade Policy Recommendations to White House

Since taking office, President Trump has issued dozens of executive orders, many addressing key technology policy areas that include international trade and investment, artificial intelligence (AI),  connected vehicles and drones, and trade controls.  Some of these executive actions reverse the previous administration’s efforts on these issues—such as the order revoking President Biden’s October 2023 executive order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence—and others initiate a formal review process, suggesting the Trump Administration will preserve, and perhaps strengthen or enhance, key tech policies implemented by the Biden Administration and the first Trump term.  

Several of the executive actions President Trump has taken so far offer important opportunities for stakeholders to weigh in with Executive Branch agencies as they consider next steps, including whether to revoke, expand, or retain tech policies initiated under President Biden. Key initiatives include: Continue Reading Flurry of Trump Administration Executive Orders Shakes Up Tech Policy, Creates Industry Opportunities

On February 6, the White House Office of Science & Technology Policy (“OSTP”) and National Science Foundation (“NSF”) issued a Request for Information (“RFI”) seeking public input on the “Development of an Artificial Intelligence Action Plan.”  The RFI marks a first step toward the implementation of the Trump Administration’s January 23 Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence” (the “EO”).  Specifically, the EO directs Assistant to the President for Science & Technology (and OSTP Director nominee) Michael Kratsios, White House AI & Crypto Czar David Sacks, and National Security Advisor Michael Waltz to “develop and submit to the President an action plan” to achieve the EO’s policy of “sustain[ing] and enhance[ing] America’s global AI dominance” to “promote human flourishing, economic competitiveness, and national security.” Continue Reading Trump Administration Seeks Public Comment on AI Action Plan

On January 29, Senator Josh Hawley (R-MO) introduced the Decoupling America’s Artificial Intelligence Capabilities from China Act (S. 321), one of the first bills of 119th Congress to address escalating U.S. competition with China on artificial intelligence.  The new legislation comes just days after Chinese AI company DeepSeek launched its R1 AI model with advanced capabilities that has been widely viewed as a possible turning point in the U.S.-China AI race.  If enacted, S. 321 would impose sweeping prohibitions on U.S. imports and exports of AI and generative AI technologies and R&D to and from China and bar U.S. investments in AI technology developed or produced in China.  The bill, which was referred to the Senate Judiciary Committee, had no cosponsors and no House companion at the time of introduction.

Specifically, S. 321 would prohibit U.S. persons—including any corporation or educational or research institution in the U.S. or controlled by U.S. citizens or permanent residents—from (1) exporting AI or generative AI technology or IP to China or (2) importing AI or generative AI technology or IP developed or produced in China.  In addition, the bill would bar U.S. persons from transferring AI or generative AI research to China or Chinese educational institutions, research institutions, corporations, or government entities (“Chinese entities of concern”), or from conducting AI or generative AI R&D within China or for, on behalf of, or in collaboration with such entities.

Finally, the bill would prohibit any U.S. person from financing AI R&D with connections to China.  The bill specifically prohibits U.S. persons from “holding or managing any interest in” or extending loans or lines of credit to Chinese entities of concern that conduct AI- or generative AI-related R&D, produce goods that incorporate AI or generative AI R&D, assist with Chinese military or surveillance capabilities, or are implicated in human rights abuses. Continue Reading Senator Hawley Introduces Sweeping U.S.-China AI Decoupling Bill

U.S. Secretary of Commerce nominee Howard Lutnick delivered a detailed preview of what to expect from the Trump Administration on key issues around technology, trade, and intellectual property.  At his nomination hearing before the Senate Committee on Commerce, Science, and Transportation on Wednesday, January 29, Lutnick faced questions from senators about the future of the CHIPS and Science Act, global trade, and particularly U.S. technological competition with China, including export controls and artificial intelligence after the release of China’s AI model “DeepSeek.”  Lutnick, who was introduced by Vice President J.D. Vance, committed to implementing the Trump Administration’s America First agenda. 

If confirmed, Lutnick will lead the Commerce Department’s vast policy portfolio, including export controls for emerging technologies, broadband spectrum access and deployment, AI innovation, and climate and weather issues through the National Oceanic and Atmospheric Administration (“NOAA”).  In his responses to senators’ questions, Lutnick emphasized his pro-business approach and his intent to implement President Trump’s policy objectives including bringing manufacturing—particularly of semiconductors—back to the United States and establishing “reciprocity” with China in response to what he called “unfair” treatment of U.S. businesses.Continue Reading What Commerce Secretary Nominee Howard Lutnick’s Confirmation Hearing Tells Us about Technology Policy in the Trump Administration

The results of the 2024 U.S. election are expected to have significant implications for AI legislation and regulation at both the federal and state level. 

Like the first Trump Administration, the second Trump Administration is likely to prioritize AI innovation, R&D, national security uses of AI, and U.S. private sector investment and leadership in AI.  Although recent AI model testing and reporting requirements established by the Biden Administration may be halted or revoked, efforts to promote private-sector innovation and competition with China are expected to continue.  And while antitrust enforcement involving large technology companies may continue in the Trump Administration, more prescriptive AI rulemaking efforts such as those launched by the current leadership of the Federal Trade Commission (“FTC”) are likely to be curtailed substantially.

In the House and Senate, Republican majorities are likely to adopt priorities similar to those of the Trump Administration, with a continued focus on AI-generated deepfakes and prohibitions on the use of AI for government surveillance and content moderation. 

At the state level, legislatures in California, Texas, Colorado, Connecticut, and others likely will advance AI legislation on issues ranging from algorithmic discrimination to digital replicas and generative AI watermarking. 

This post covers the effects of the recent U.S. election on these areas and what to expect as we enter 2025.  (Click here for our summary of the 2024 election implications on AI-related industrial policy and competition with China.)Continue Reading U.S. AI Policy Expectations in the Trump Administration, GOP Congress, and the States

Technology companies will be in for a bumpy ride in the second Trump Administration.  President-elect Trump has promised to adopt policies that will accelerate the United States’ technological decoupling from China.  However, he will likely take a more hands-off approach to regulating artificial intelligence and reverse several Biden Administration policies related to AI and other emerging technologies.Continue Reading Tech Policy in a Second Trump Administration: AI Promotion and Further Decoupling from China

Nearly a year after Senate Majority Leader Chuck Schumer (D-NY) launched the SAFE Innovation Framework for artificial intelligence (AI) with Senators Mike Rounds (R-SD), Martin Heinrich (D-NM), and Todd Young (R-IN), the bipartisan group has released a 31-page “Roadmap” for AI policy.  The overarching theme of the Roadmap is “harnessing the full potential of AI while minimizing the risks of AI in the near and long term.”

In contrast to Europe’s approach to regulating AI, the Roadmap does not propose or even contemplate a comprehensive AI law.  Rather, it identifies key themes and areas of agreement and directs the relevant congressional committees of jurisdiction to legislate on key issues.  The Roadmap recommendations are informed by the nine AI Insight Forums that the bipartisan group convened over the last year.Continue Reading Bipartisan Senate AI Roadmap Released

As the 2024 elections approach and the window for Congress to consider bipartisan comprehensive artificial intelligence (AI) legislation shrinks, California officials are attempting to guard against a generative AI free-for-all—at least with respect to state government use of the rapidly advancing technology—by becoming the largest state to issue rules for state procurement of AI technologies.  Without nationwide federal rules, standards set by state government procurement rules may ultimately add another layer of complexity to the patchwork of AI-related rules and standards emerging in the states.

On March 21, 2024, the California Government Operations Agency (GovOps) published interim guidelines for government procurement of generative AI technologies.  The new guidance directs state officials responsible for awarding and managing public contracts to identify risks of generative AI, monitor the technology’s use, and train staff on acceptable use, including for procurements that only involve “incidental” AI elements.  For “intentional” generative AI procurements, where an agency is specifically seeking to purchase a generative AI product or service, the guidelines impose a higher standard: in addition to the requirements that apply to “incidental” purchases, agencies seeking generative AI technologies are responsible for articulating the need for using generative AI prior to procurement, testing the technology prior to implementation, and establishing a dedicated team to monitor the AI on an ongoing basis.Continue Reading California Establishes Working Guidance for AI Procurement

Senate Commerce Committee Chair Maria Cantwell (D-WA) and Senators Todd Young (R-IN), John Hickenlooper (D-CO), and Marsha Blackburn (R-TN) recently introduced the Future of AI Innovation Act, a legislative package that addresses key bipartisan priorities to promote AI safety, standardization, and access.  The bill would also advance U.S. leadership in AI by facilitating R&D and creating testbeds for AI systems.Continue Reading New Bipartisan Senate Legislation Aims to Bolster U.S. AI Research and Deployment