Congressional investigations are coming soon — prepare your company now

If next year begins with Democrats in control of one or both chambers of Congress, a new cohort of committee chairs will be inheriting gavels — and they’re already mapping out an aggressive oversight and investigations agenda. Companies shouldn’t assume the spotlight will stay on the administration. Don’t wait for the first letter from Capitol Hill to arrive. The time to prepare is now.

White House and agency oversight will undoubtedly be a priority for Democrats, but it’s likely to be slow and litigious. The administration has signaled that it will aggressively resist congressional requests and subpoenas, most recently in an opinion published by the Justice Department’s Office of Legal Counsel that is certain to complicate battles over executive privilege.

The private sector, by contrast, will be an easier target: faster to produce documents, easier to haul in front of cameras, and often sitting on records a committee needs to build its story. Companies located in politically salient sectors — artificial intelligence, pharma, energy, media, financial services, and any company that cut a high-profile deal with this administration — could see letters arriving as soon as January.

Investigations are likely to come from all corners of Capitol Hill. Judiciary, Oversight and Energy and Commerce will drive some of the splashiest headlines, but they won’t be alone. Many other committee chairs will set aside a gridlocked legislative agenda to prioritize oversight, hire new investigative staff, and flex their jurisdictional muscles in new ways.

Companies should treat the next few months as an opportunity to get ready.

The instinct to route a congressional letter solely to the litigation team is understandable but often wrong. Congressional investigations run on a fundamentally different logic than civil litigation or regulatory enforcement. A committee’s first letter may appear voluntary, but it often opens a negotiation over scope, timing, process and public narrative. The response can determine whether the........

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