Congressional Investigations

Congress increasingly uses investigations, hearings, letters, and informal oversight to shape policy and to influence emerging technologies and innovative sectors of the economy, including artificial intelligence, social media platforms, cryptocurrency, cybersecurity, digital health, and data practices.  

For technology and life sciences companies, a congressional investigation is rarely just a congressional investigation. Oversight inquiries can trigger regulatory examinations, agency investigations, state attorney general inquiries, civil litigation, investor concerns, and sustained media attention. Managing those risks requires counsel that understands Congress and the broader legal, business, and reputational landscape. Fenwick’s congressional investigations team helps companies navigate congressional scrutiny, respond effectively when oversight arrives, and prepare for emerging risks before they materialize.

When scrutiny arises, we help clients navigate:

• Congressional letters, subpoenas, hearings, and staff inquiries
• Investigations involving AI and machine learning, algorithms and automated decision-making, social media, cryptocurrency, cybersecurity, privacy, health technology, digital advertising, and other emerging technologies
• Parallel regulatory and litigation risk 
• Growing public, media, investor, and stakeholder scrutiny 
• Product launches and business practices likely to attract governmental attention 
• Proactive reviews of governance, oversight, and investigation preparedness

Strategic Counsel Before, During, and After Scrutiny

Before scrutiny arises, Fenwick helps companies address and remediate issues likely to draw congressional attention, assess governance and compliance practices, anticipate stakeholder concerns, evaluate emerging policy developments, and prepare for potential oversight inquiries.  

When oversight arrives, inquiries can move quickly and unpredictably. Informal staff outreach can develop into formal investigations, document requests, executive interviews, public hearings, and testimony on compressed timelines. We help clients assess the request, preserve privilege, develop a response strategy, prepare witnesses and executives, and engage with committee staff in a way that is accurate, credible, and aligned with broader legal and business objectives.  

After the initial response, congressional investigations often continue to affect the company across multiple fronts. Because oversight rarely remains confined to Congress, companies must be prepared for regulatory examinations, agency investigations, state attorney general inquiries, civil litigation, shareholder demands, investor concerns, and media scrutiny. Fenwick’s team includes experienced litigators and former federal and state prosecutors, who can help clients manage follow-on litigation and enforcement risk if congressional scrutiny becomes part of a broader dispute. With the full legal, business, and reputational landscape in view, we help clients respond strategically and from a position of strength.