Images are still loading please cancel your preview and try again shortly.
Accessibility tools
Skip to main content
Linklaters

U.S. Congressional Investigations

Congressional investigations pose a unique set of challenges. Not only do they often arise unexpectedly, but responses can have far-reaching implications driven by unique aspects of the investigational process. Companies need to be prepared to assess potential exposure and act effectively to minimize risk, burden and reputational harm.

Our team is prepared to move quickly to develop a comprehensive response strategy when issues arise. We draw from extensive crisis management experience in partnering with clients to develop multi-pronged legal, media, and political strategies to address all types of congressional scrutiny, particularly for clients facing allegations of collusive practices. Since investigations may interact closely with regulatory action and federal, state, and private enforcement actions, we take a holistic approach to managing potential exposure.

Investigatory process

Relevant experience throughout the investigatory process

The recent uptick in investigations is unlikely to slow down. We have assisted clients across various industries in which Congress has signaled an ongoing interest.

Congressional investigations often prompt or run in parallel with state-level investigations, federal administration probes, and/or private litigation, in addition to concurrent international inquiries. Our team ensures clients are equipped to navigate any concurrent investigations in a consistent and efficient manner.

Critical areas such as privilege, confidentiality and scope of review or compliance are key considerations throughout any congressional investigation, and our team will tap into its extensive experience to ensure our strategy adapts to every challenge that may arise. Whether coordinating document review and production, preparing for public hearings or closed-door interviews, or negotiating the scope of an inquiry, we will guide you every step of the way.

We also recognize that reputational considerations are crucial. We work closely with any other advisors, including any communications and political consultants, to ensure consistent messaging and approach from all angles.

 

Trends

House and Senate, as well as state, investigations are likely to increase following the change in Administration

  • House expected to continue a lead role. The House of Representatives, particularly the Judiciary Committee, is expected to continue to be most active in initiating investigations. Resources previously focused on oversight of the Biden Administration will likely turn to private conduct by companies.
  • Eyes on potential developments in the Senate. We are also watching developments in the Senate with control shifting to the Republican majority to see if there will be signs of activity on this front. Several senators with interest in hot-button topics are likely moving into leadership roles.

Areas to watch

  • ESG: The Administration is expected to focus on ESG, especially climate and DEI. Our team has extensive cross-practice experience advising clients across sectors on ESG commitments in an evolving regulatory environment, enabling us to handle inquiries swiftly and efficiently.
  • Content Moderation: The current administration has signaled that content will remain a focus, particularly Big Tech. The House has also been increasingly concerned with the implications of advertising standards. We expect this focus to continue. Linklaters’ global team has extensive experience advising companies on these complex issues.

 

Select experience

  • Representing an alliance of financial services firms on their response to Congressional and state attorneys general inquiries regarding climate change initiatives, including communications and media strategy for stakeholders.
  • Advising various consumer product companies in connection with a House investigation into an advertising standards organization.
  • Advising several companies in connection with Senate investigations and hearings concerning multinational mergers.

Key Contacts

x Find a Lawyer