Among a wave of noteworthy results in this fall’s off-year elections, Zohran Mamdani’s selection as the next Mayor of New York City was perhaps the most closely watched and widely discussed. Though much of that commentary has focused on the new Mayor himself, the New York City Council appears poised to exert its own power as both a counterweight to and partner with the incoming Mamdani administration.

Most notably, new Council Speaker Julie Menin has indicated her intention to rely on the Council’s subpoena power to issue subpoenas to private parties for the first time as an element of a reinvigorated investigatory agenda to go after what she has called “bad actor corporations.” And key hires by Mayor Mamdani, including experienced public servants with significant experience investigating private industry, strongly suggest that corporate oversight will be a priority for his administration. As part of the Mayor’s transition effort, Lina Khan—former Chair of the Federal Trade Commission (“FTC”) (and congressional investigator)—reportedly is “scouring New York City’s laws to find dormant or underused mayoral authority that could allow” his administration to “take action in a hurry” with existing legal authorities.

In this alert, we describe the New York City Council’s investigatory authority and subpoena power, as well as likely targets for Council-led investigations.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads…

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

Photo of Nancy Kestenbaum Nancy Kestenbaum

Nancy Kestenbaum co-chairs the firm’s White Collar Defense and Investigations practice; she is widely recognized as one of the nation’s leading white collar and investigations practitioners.

Earlier in her career, Nancy served as a federal prosecutor in the United States Attorney’s Office for…

Nancy Kestenbaum co-chairs the firm’s White Collar Defense and Investigations practice; she is widely recognized as one of the nation’s leading white collar and investigations practitioners.

Earlier in her career, Nancy served as a federal prosecutor in the United States Attorney’s Office for the Southern District of New York.  For the past twenty years, she has represented companies, boards of directors, and individuals in a wide range of criminal and civil investigations by the Department of Justice, Securities and Exchange Commission, and a host of other federal, state and local regulators.

Nancy is also a leader of the firm’s Institutional Culture and Social Responsibility practice. She is considered one of the most experienced investigators of allegations of sexual and other misconduct and has conducted numerous internal investigations for companies, schools, and other non-profit organizations.  

Nancy has been recognized by numerous publications and organizations.  For years, Chambers USA has ranked her in Band 1 in New York for White-Collar Crime & Government Investigations.  According to Chambers, clients and peers described Nancy as an “excellent strategist,” “a very smart, sophisticated lawyer who is exceptionally bright and very hard-working” who “works well with people and is excellent with clients.”

Nancy serves as a Visiting Lecturer in Law at Yale Law School, where she teaches a course on Internal Investigations.

Photo of Brian D. Smith Brian D. Smith

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public…

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.

Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.

Brian is a Professorial Lecturer in Law at the George Washington University Law School.

Photo of Kristin Mace Kristin Mace

As the former Chief of the Criminal Division in the U.S. Attorney’s Office for the Eastern District of New York, Kristin Mace draws on her deep experience in government enforcement to represent and counsel companies, executives, and boards of directors in investigations and…

As the former Chief of the Criminal Division in the U.S. Attorney’s Office for the Eastern District of New York, Kristin Mace draws on her deep experience in government enforcement to represent and counsel companies, executives, and boards of directors in investigations and litigation. Kristin has extensive experience with matters involving anti-corruption and the Foreign Corrupt Practices Act (FCPA); export controls and sanctions compliance; healthcare fraud; securities fraud; anti-money laundering (AML); and the Foreign Agents Registration Act (FARA).

Kristin represents entities and individuals before domestic and foreign law enforcement agencies and regulators, as well as in court. She also advises businesses and financial institutions on maintaining compliance with U.S. and international regulations, helping them operate effectively in global markets governed by complex laws and multiple oversight regimes.

Kristin spent more than a dozen years as an Assistant U.S. Attorney and personally investigated and prosecuted a wide variety of criminal matters, many of which she tried to verdict and briefed and argued on appeal before the Second Circuit Court of Appeals. Among other significant cases, Kristin was a member of the team that conducted the global investigation of corruption in international soccer, which resulted in groundbreaking charges in the FIFA cases against over 50 defendants from more than 20 countries and two jury trials.

As Chief of the Criminal Division, Kristin oversaw more than 115 Criminal Division Assistant U.S. Attorneys and all of the criminal investigations and cases in the Eastern District of New York. In that role, Kristin supervised significant and complex cases in such varied areas as white collar crime, public corruption, national security, cybercrime, money laundering, securities fraud, export controls, asset forfeiture, transnational organized crime, civil rights, and criminal appeals.

Prior to her government service, Kristin clerked for the Honorable Virginia A. Phillips of the Central District of California and the Honorable Joel M. Flaum of the Seventh Circuit Court of Appeals. For several years, Kristin has taught a course on Federal Criminal Justice at Columbia Law School and serves on the Board of Advisors of NYU Law School’s Program on Corporate Compliance and Enforcement (PCCE).

Watch: Kristin and colleague Alex Langton discuss DOJ FARA enforcement trends and proposed rulemaking.

Photo of Amanda Kramer Amanda Kramer

Amanda Kramer represents corporations and individuals in sensitive, high-stakes government investigations and enforcement actions, white collar criminal defense matters, internal investigations, and workplace culture reviews. Amanda joined the firm in 2019 after serving as Assistant United States Attorney in the U.S. Attorney’s Office…

Amanda Kramer represents corporations and individuals in sensitive, high-stakes government investigations and enforcement actions, white collar criminal defense matters, internal investigations, and workplace culture reviews. Amanda joined the firm in 2019 after serving as Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York (SDNY) for more than 11 years.

As a senior member of SDNY’s Securities and Commodities Fraud Task Force, Amanda investigated, prosecuted, and tried several high-profile, complex white collar cases, including those involving securities fraud, insider trading, investment advisor fraud, accounting fraud, honest services fraud, wire fraud, and health care fraud, and coordinated parallel civil enforcement proceedings with the Securities and Exchange Commission. As a federal prosecutor, she also investigated and prosecuted international and domestic money-laundering, public corruption, tax fraud, obstruction of justice, IEEPA violations, art fraud, and cyber crime, among other offenses.

Before focusing on securities fraud and other white collar crimes, she served as SDNY’s Human Trafficking and Project Safe Childhood Coordinator, where she developed and significantly expanded SDNY’s work on trafficking and sexual misconduct issues, conducted numerous domestic and international trainings, supervised dozens of prosecutors, and led some of the SDNY’s most sensitive cases. In addition to her other responsibilities, for the last four years of her tenure as a federal prosecutor, Amanda was entrusted with conducting trial advocacy training for all new AUSAs in the SDNY’s Criminal Division.

Amanda’s extensive litigation experience includes leading twelve federal criminal jury trials and briefing and arguing numerous appeals before the United States Court of Appeals for the Second Circuit.

Photo of Jason P. Criss Jason P. Criss

For more than two decades, Jason Criss has guided clients through challenging government inquiries and complex internal reviews and investigations. He has played a leading role in many high-profile and sensitive engagements, including matters highlighted by Law360 (2018 and 2019) and the National…

For more than two decades, Jason Criss has guided clients through challenging government inquiries and complex internal reviews and investigations. He has played a leading role in many high-profile and sensitive engagements, including matters highlighted by Law360 (2018 and 2019) and the National Law Journal (2021) when those publications named Covington’s White Collar Defense and Investigations practice White Collar Group of the Year.

As a senior member of Covington’s Institutional Culture and Social Responsibility Practice Group, Jason has led significant investigations into workplace culture, inclusion issues, and reports of sexual misconduct and workplace harassment. He also has co-led racial equity assessments for three of the country’s leading financial institutions.

In his White Collar Defense and Investigations practice, Jason advises clients on compliance issues, represents corporations and individuals in government investigations, and conducts internal investigations into potential violations of the Foreign Corrupt Practices Act and other statutes.

Jason has represented a wide array of clients, including:

Several of the world’s largest consumer goods companies in FCPA investigations;
A global, publicly-traded company in a criminal antitrust investigation into its hiring practices;
A number of leading independent schools and other non-profit organizations in sexual misconduct and bullying investigations; and
Individuals in investigations conducted by the United States Department of Justice, the SEC, and other regulators.

Jason also has an active and varied pro bono practice, including his work as media counsel for several non-profit news organizations. He is one of the leaders of the firm’s Kurt Wimmer Media Freedom Pro Bono Initiative. The American Lawyer recognized the Wimmer Initiative’s work to protect and advance media freedom with its 2023 Tony Mauro Media Lawyer Award and the Reporters Committee for Freedom of the Press honored the Wimmer Initiative with its inaugural Freedom of the Press Pro Bono Service Award.

Jason is a Trustee of Temple Beth El of Northern Westchester, and a former President of the Hunter College High School Alumnae/i Association.

Photo of Angelle Smith Baugh Angelle Smith Baugh

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks.

Angelle’s practice focuses on defending companies…

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks.

Angelle’s practice focuses on defending companies and individuals in high-profile congressional investigations, as well as other criminal, civil, and internal investigations. She represents clients before House and Senate Committees, as well as in criminal and civil government investigations before the Public Integrity Section of the Department of Justice, Federal Election Commission, and the Office of Congressional Ethics.

She assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. She has experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Angelle also has experience and expertise navigating federal and state ethics laws, and provides ongoing political law advice to companies, trade associations, PACs, and individuals.

Photo of Perrin Cooke Perrin Cooke

Perrin Cooke is special counsel in the firm’s Washington, DC office and a member of the White Collar Defense and Investigations, Election and Political Law, and Public Policy Practice Groups, with a focus on assisting clients responding to high-profile congressional investigations.

Drawing on…

Perrin Cooke is special counsel in the firm’s Washington, DC office and a member of the White Collar Defense and Investigations, Election and Political Law, and Public Policy Practice Groups, with a focus on assisting clients responding to high-profile congressional investigations.

Drawing on his experience in government, most recently as Deputy General Counsel at the U.S. Department of Health and Human Services, Perrin advises clients on matters presenting significant legal, political, and reputational risks. During the Biden Administration, Perrin served as the lead attorney on oversight matters across two federal agencies. In this capacity, he guided the development of strategic responses to congressional requests and subpoenas touching on a range of topics. Through his work in both government and private practice, Perrin has extensive experience preparing witnesses – including numerous corporate executives, cabinet secretaries, and other senior government officials – appearing in briefings, transcribed interviews, and hearings before congressional oversight committees.

In addition to his investigations practice, Perrin advises clients – including political campaigns, advocacy organizations, trade associations, and corporations – on a wide variety of election and political law compliance matters.

Photo of William Sokolove William Sokolove

William Sokolove is an associate in the Congressional Investigations, Election and Political Law, and White Collar Defense and Investigations Practice Groups. He advises clients cooperating with and responding to high-profile investigations before Congress and the Department of Justice that entail significant legal and…

William Sokolove is an associate in the Congressional Investigations, Election and Political Law, and White Collar Defense and Investigations Practice Groups. He advises clients cooperating with and responding to high-profile investigations before Congress and the Department of Justice that entail significant legal and reputational risks. He is familiar with each phase of the investigatory process, including preparing for congressional hearings and responding to subpoenas and requests for documents.

William is an active member of the firm’s LGBTQ+ Resource Group and maintains a robust pro bono practice. He has significant experience litigating on behalf of tenants facing eviction.

William was a law clerk on the Senate Judiciary Committee and worked on successful congressional and state attorney general campaigns.