Congressional Investigations

Congressional investigations bring legal, regulatory, and reputational risk. With a perfect storm of heightened political division, legislative gridlock, and executive branch resistance to oversight, conditions are ripe for aggressive congressional focus on companies, high-profile executives, universities, and non-profit organizations. In addition to adverse publicity, congressional oversight can precipitate federal and state enforcement actions and private civil litigation.

Baker McKenzie is recognized for its capability in guiding companies, universities, executives, and boards through complex congressional investigations and oversight matters while mitigating the risks of civil litigation, federal and state enforcement actions, and reputational harm. We help anticipate and manage congressional investigations to protect your business and your brand.

Our bipartisan team includes former senior government officials, lawyers who have served on congressional staff, and attorneys who have personally testified in committee hearings. Our experience brings credibility in front of Congress, which is important in the unique congressional environment. In a congressional investigation, committee rules may change every two years and the inquisitor is also the arbitrator. We have experience managing informal congressional inquiries, subpoenas and hearings as well as navigating collateral investigations and litigation.

Our team brings extensive experience helping companies and individuals respond to US House and Senate committee investigations. Our lawyers advise on:

• Assessing the risk and potential impact of a congressional investigation
• Developing a comprehensive strategy to mitigate congressional interest
• Responding to congressional subpoenas and document requests
• Preparing senior executives for congressional testimony
• Anticipating and preparing for potential collateral civil litigation
• Addressing parallel federal, state, or foreign enforcement actions
• Offering practical guidance about public messaging and communications with stakeholders

When Congress Calls, the Stakes Are Immediate

Congressional investigations unfold with a speed, intensity, and public visibility that sets them apart from any other legal proceeding. Subpoenas arrive with compressed timelines. Hearings are televised. Media coverage is ubiquitous. And the consequences extend far beyond Capitol Hill. A congressional inquiry can prompt regulatory scrutiny, trigger investigations by federal, state, or foreign enforcement agencies, generate civil litigation, and create lasting reputational and financial harm.

• Former Senior Government Officials and Congressional Staffers. Our ability to deploy former senior US officials and lawyers who have served on congressional staffs and bring credibility to their dealings with Congress is a key differentiator.
• Parallel Proceedings Experience. Congressional investigations rarely occur in isolation. Baker McKenzie's internationally recognized team is well-positioned to anticipate and manage collateral exposure, such as federal and state enforcement investigations, Inspector General inquiries, and private civil litigation. We manage legislative scrutiny with eyes open to collateral risk to minimize unintended exposure in other forums from testimony, document productions, and public statements.
• Crisis Communications and Reputational Risk Management. Because most congressional investigations bring adverse media attention, we integrate reputational risk management by offering guidance on public messaging, investor communications, and interactions with regulators and other stakeholders.
• Global Platform. With 74 offices in 45 countries staffed by thousands of lawyers worldwide, Baker McKenzie brings an unmatched ability to coordinate cross-border dimensions of congressional inquiries, particularly in matters involving international trade, data security, supply chain integrity, and national security. Such matters might also draw the attention of foreign enforcement agencies or legislative bodies, a risk that Baker McKenzie's global footprint enables us to address.

Baker McKenzie's congressional investigations experience spans a range of industries, committees, and subject matters.

• University – Congressional Investigation and Public Hearing. Counseled a university, negotiated with committee staff, met with committee chair, and prepared president to testify in a congressional hearing.
• Technology Company – Congressional Investigation of Data Disclosures. Advised a technology company in connection with a congressional investigation of alleged data disclosures. •
• Pharmaceutical Distributor – Congressional Investigation and Public Hearings. Advised the owner of a pharmaceutical distributor during a congressional investigation and hearings about the supply chain and the claims process.
• Multinational Shipping Company – Congressional Investigation of Supply Chain. Advised a multinational containerized shipping company in a federal investigation of supply chain issues during the COVID-19 pandemic.
• US Government Officials – Managed document production and prepared government officials to testify in numerous high-profile House and Senate hearings.
• Leading Semiconductor Company – Congressional Investigation and Public Hearing. Advised a semiconductor company in a congressional investigation, including executive testimony in a public hearing, related to export controls compliance.*
• Global Investment Firm – Congressional Hearing and Parallel Litigation. Represented a global strategic investment firm in connection with a congressional investigation and CEO testimony in a public hearing about the firm’s advisory work on a professional sports merger. Also counseled the investment firm in parallel litigation in a foreign jurisdiction.*
• Top National Health Insurer – Congressional Hearing. Counsel for a Fortune 10 national health insurer about health care affordability in CEO hearings.