With the midterm elections rapidly approaching, Democratic lawmakers in both the House and Senate have begun to return to an increasingly familiar tactic of the minority: firing off a flurry of document preservation letters that are a harbinger for the subpoenas to come. These early letters signal that key Democrats
Continue Reading The Paper Trail Starts Now: Minority Document Preservation Letters and Preparing for Oversight to ComeCongressional Investigations
A Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due Diligence
Congressional investigations are now a common reality across corporate America, and companies large and small are therefore more focused than ever on the potential effects of congressional inquiries into business activities, goals, and strategies. In this new reality, the most sophisticated companies, private equity firms, and other corporate players are…
Continue Reading A Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due DiligenceDemocratic Investigations Agenda is Coming Into Focus
If the upcoming midterm elections result in a Democratic majority in the House next year, companies, organizations, and individuals can expect a new wave of congressional investigations, hearings, and oversight, with a familiar focus on the Trump administration and an emphasis on a variety of private sector targets. The Democratic…
Continue Reading Democratic Investigations Agenda is Coming Into FocusCongressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private Actors
Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its…
Continue Reading Congressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private ActorsFederal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress. In bringing his pre-enforcement challenge, Dr. de…
Continue Reading Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena TargetsDOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” Practices
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” …
Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” PracticesCongressional Investigations and the Rules of the 119th Congress
At the start of each Congress, the House and Senate, along with the various committees in each chamber, adopt internal rules that govern their operations. Though many such rules remain unchanged from one Congress to another, the continued emphasis on congressional investigations across Capitol Hill lends new significance to even…
Continue Reading Congressional Investigations and the Rules of the 119th CongressHouse Releases Sweeping Oversight Agenda for 119th Congress: Major Focus Areas for Private Sector Entities
As we previewed in a prior alert, the House Oversight and Government Reform Committee recently published a complete collection of oversight plans adopted by each authorizing committee of the House of Representatives for the current Congress. Taken together, these plans outline an expansive and aggressive agenda for congressional investigations…
Continue Reading House Releases Sweeping Oversight Agenda for 119th Congress: Major Focus Areas for Private Sector EntitiesPreparing Now for Expected Congressional Oversight: Newly Released Oversight Plans Signal Investigations of Private Parties
Recently, three key investigative committees of the House of Representatives—the Oversight and Government Reform Committee, Judiciary Committee, and Energy and Commerce Committee—each adopted their respective committee’s oversight plan for the new Congress, offering a window into the committees’ investigative priorities for the next two years. The newly…
Continue Reading Preparing Now for Expected Congressional Oversight: Newly Released Oversight Plans Signal Investigations of Private PartiesTax-Exempt Organizations: Understanding Executive and Congressional Enforcement Priorities
Tax-exempt organizations, including private foundations and other types of nonprofits associated with high-net worth individuals, have been subject to increasing investigative scrutiny in recent years. Last Congress, for example, the House Judiciary Committee and several other committees issued document requests to multiple nonprofit organizations, and in this Congress the trend…
Continue Reading Tax-Exempt Organizations: Understanding Executive and Congressional Enforcement Priorities