Congressional Investigations – Key Issues for In-House Counsel

Recent high-profile congressional investigations have brought new focus to the unique and significant risks that congressional scrutiny presents for companies and entities. Congressional investigations differ in important ways from other government and regulatory investigations and may move more quickly – and in public view – creating legal, reputational, and practical challenges. Recent targets of investigations have included leading banks, asset managers, climate organizations, universities, trade unions, social media companies, Big Tech, energy companies, global insurers, pharmaceutical manufacturers, healthcare companies, private equity firms, large employers with labor union disputes, sports and entertainment firms, and companies with investments or commercial relationships in China.

During this session expert faculty will discuss:

• Why Congress investigates and its authority to conduct investigations (10 minutes)
• The key congressional committees conducting investigations (5 minutes)
• The procedures, rules, and timeline for congressional investigations (8 minutes)
• Investigative tools used in congressional investigations, including subpoena authority (10 minutes)
• Recent trends in congressional investigations involving the private and non-profit sectors (10 minutes)
• Practical considerations when responding to congressional inquiries (10 minutes)
• Key takeaways and outlook for 119th Congress (7 minutes)