As the 2026 midterm elections rapidly approach, and if history serves as a guide, changes to control of Congress are likely when the 120th Congress convenes in January 2027. Members of Congress are already previewing their investigation and oversight priorities for next year. Congressional letters requesting information during this term are likely to become the potential basis for subpoenas in the next congressional session. With a change in control of Congress, congressional committees will have new leadership, ramp up their investigations and conduct aggressive oversight on every industry.
Congressional committees and individual members of Congress are increasingly leveraging their oversight authority to seek information from companies, trade associations and individuals. No subject matter appears to be exempt from oversight: tax, healthcare, energy, financial services, public and private companies, relationships with the Trump administration, government contracts, criminal non-prosecutions or the closure of regulatory investigations and meetings with departments and agencies about policy and rule proposals. Companies and individuals need to be prepared to react promptly and strategically if and when they receive an investigative inquiry from Congress. The information sought may be public or it may be proprietary, and seemingly friendly inquiries often transform into adversarial, full-blown congressional investigations. For companies, trade associations and individuals that receive inquiries from Capitol Hill, there is reputational and business risk as well as potential civil, criminal and other collateral consequences. And these investigations often unfold under the glare of the media spotlight. Experienced counsel well versed in handling congressional investigations, other potential parallel regulatory and criminal investigations and the accompanying sensitive media relations issues associated with these investigations is critical to successfully navigating the political, reputational and legal considerations of a congressional investigation.
