If the current polls and predictions are accurate, the Democratic party is poised to take control of the House of Representatives next year, for the first time since 2010. Congressional investigations thrive in divided government, and Democratic leaders in Congress are already promising a new wave of investigations.
My new article in Law360 examines the strategies for predicting whether a company or industry is likely to receive congressional scrutiny, the steps that companies and executives can take to prepare for congressional investigations, and the unique characteristics of congressional investigations that make them particularly challenging to navigate. Companies that are likely targets for congressional investigations can prepare now by anticipating areas of inquiry, assessing vulnerabilities, and preparing response plans with guidance from counsel experienced in handling congressional investigations.