Election and Policy Outlook Center

Navigating the 2026 Midterms

We expect the 2026 midterm elections to reshape the policy, regulatory, enforcement and oversight landscape for organizations across every sector. Major changes to congressional priorities, agency agendas and enforcement approaches may result, with significant implications for businesses and institutions.

WilmerHale’s Election and Policy Outlook Center draws on the firm's bench of bipartisan former senior government officials, regulators, litigators and policy advisors to help organizations anticipate these changes, prepare for what comes next and adapt to the opportunities and challenges that follow.

Here you will find nonpartisan and timely forecasts, analysis and practical advice to help you keep pace with the election cycle and support informed, practical decision-making. Whether you are general counsel, a compliance leader or a government affairs professional, our goal is to help you anticipate what is ahead and plan with confidence.

Check back here throughout the election cycle for updates.

New Congress, New Risks: What Changes for Your Business

November 5, 2026 Webinar

Data Centers and the 2026 Midterms: Five Election-Driven Trends to Watch

October 21, 2026 Publication

What Companies Need to Know to Prepare for the Next Congress

October 14, 2026 Client Alert

Q&A: Josh Geltzer on Navigating Election Season Risk

October 5, 2026 Attorney News

Explore By Topic

Congress, Oversight and Investigations

Shifts in congressional control can quickly reshape the oversight landscape, changing which committees drive investigations, which industries draw scrutiny, and how aggressively Congress pursues subpoenas and document requests. View Topic

Economic Policy, Regulation and Enforcement

Changes in congressional and agency leadership can shift SEC and DOJ enforcement focus, antitrust posture, tax policy and the pace of M&A review. View Topic

Technology, AI, Cybersecurity and Privacy

Technology policy is one of the fastest-moving areas affected by shifts in congressional and regulatory priorities. Artificial intelligence regulation, cybersecurity requirements, privacy and data governance, and emerging technology oversight all stand to be transformed following an election cycle. View Topic

National Security, International Trade and Geopolitics

Trade policy, export controls, sanctions, CFIUS, supply chains and national security are especially sensitive to shifts in political leadership. Organizations with international operations or cross-border transactions will find analysis of what these developments mean for deal planning, compliance obligations and risk management. View Topic

Healthcare and Life Sciences

Healthcare and life sciences organizations face a distinct set of policy risks tied to election outcomes, from FDA leadership and drug pricing initiatives to research funding and enforcement priorities. This section tracks shifts in congressional and agency priorities, helping companies prepare for a new regulatory and enforcement environment. View Topic

Higher Education, Nonprofits and Federal Funding

Universities, nonprofits and other federally funded organizations are increasingly subject to congressional scrutiny and shifting funding priorities. Organizations that rely on federal funding or operate in the nonprofit sector will find guidance on preparing for closer scrutiny and funding uncertainty. View Topic

Immigration, Labor and Workforce Policy

This section covers developments in immigration policy, business visas, workforce regulation and labor enforcement, along with considerations specific to federal contractors. Organizations will find practical analysis about hiring, compliance obligations and workforce planning. View Topic

“Oversight targets who communicated with the White House on relevant issues may find themselves in the middle of a separation-of-powers clash as they respond to congressional oversight demands while also navigating potential White House confidentiality concerns.”

READ THE ARTICLE

— Law360

Intersecting Investigation Risks Loom In Next Congress

“Elections are not just a matter of governance and governments. They are societal undertakings. That shift means companies now have to reckon with the fact that their own employees may be consuming disinformation... generated by artificial intelligence, or at least improved by it...”

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— Josh Geltzer, Partner

Q&A: Josh Geltzer on Navigating Election Season Risk

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Congress, Oversight and Investigations

With former senior congressional staff, committee counsel and government officials who have worked at the center of some of the most consequential investigations and oversight matters in Washington, WilmerHale offers a distinctive perspective on the congressional landscape.

Michael Mongan and Kevin Gallagher Unpack the Rising Influence of State Solicitors General

August 6, 2026

Attorney News

DaCunha, Green and Bollerman Break Down Where Executive Privilege and Congressional Subpoenas Collide

Election and Policy Outlook Center

New Congress, New Risks: What Changes for Your Business

Data Centers and the 2026 Midterms: Five Election-Driven Trends to Watch

What Companies Need to Know to Prepare for the Next Congress

Q&A: Josh Geltzer on Navigating Election Season Risk

Explore By Topic

Congress, Oversight and Investigations

Economic Policy, Regulation and Enforcement

Technology, AI, Cybersecurity and Privacy

National Security, International Trade and Geopolitics

Healthcare and Life Sciences

Higher Education, Nonprofits and Federal Funding

Immigration, Labor and Workforce Policy

Congress, Oversight and Investigations

Michael Mongan and Kevin Gallagher Unpack the Rising Influence of State Solicitors General

DaCunha, Green and Bollerman Break Down Where Executive Privilege and Congressional Subpoenas Collide

Preparing for 2027 Congressional Oversight: Key Areas of Risk for Companies

POLITICO Spotlights WilmerHale’s Guidance on Congressional Oversight in 2027

Lame Duck, High Stakes: Congress’s Postelection Agenda

What Companies Need to Know to Prepare for the Next Congress

New Congress, New Risks: What Changes for Your Business

Economic Policy, Regulation and Enforcement

State AG Enforcement Action: Priorities for 2026

SEC Proposes Rescinding Investment Adviser Pay-to-Play Rule, but Compliance Risks Remain

SEC Proposes Rescission of Shareholder Proposal Rule and Other Proxy Modernization Amendments

DOJ Revises Justice Manual to Limit Reliance on Agency Guidance in FCA Enforcement

DOJ Fraud Division Announces New Corporate Enforcement Memo

Technology, AI, Cybersecurity and Privacy

Board Oversight and Artificial Intelligence: Key Governance Priorities for 2026

Managing Legal Risk in the Age of Artificial Intelligence: What Key Stakeholders Need to Know Today

White House Releases National Policy Framework for Artificial Intelligence

New Executive Order Addressing Early Government Access to Frontier AI Models

Using Temporary Pauses to Develop Permanent Regulation: The Growing Use of Data Center Moratoria

Keeping Consumer Rights Top of Mind with AI Considerations

Texas Demonstrates Expanded Risks for Data Center Developers

Washington Attorney General Publishes First Data Privacy Report

Matthew Benedetto and Matthew Lewis Outline How Companies Can Test Their Exposure to New AI Legislation

California Finalizes Next Wave of State AI and Privacy Regulation

Q&A: Josh Geltzer on Navigating Election Season Risk

Powering AI: Legal and Regulatory Issues Shaping Data Center Growth

Data Centers and the 2026 Midterms: Five Election-Driven Trends to Watch

National Security, International Trade and Geopolitics

China Tightens Sanctions and Trade Restrictions Amid US-China Trade Ceasefire

The Trump Administration Strikes Back: USTR Launches Dozens of New Section 301 Investigations to Restore IEEPA Tariffs

50 Percent is Not Enough: OFAC’s New Guidance on Sham Transactions and Sanctions Evasion

President Trump Issues New Executive Order Significantly Increasing Sanctions Risk for Non U.S. Companies and Financial Institutions Doing Business with Cuba

A New Era of Enforcement in UK Sanctions

Trump Administration Directs Establishment of Program for Private-Sector Participation in Cyber Operations Against Transnational Criminal Organizations

US ITC Seeks Public Comment on Reviving Its Section 338 Reporting Role Following the President’s Use of Section 338 Tariff Authority

Stephen Preston Contributes to Council on Foreign Relations Report on the US Defense Industrial Base

FARA’s Future: DOJ Signals Regulatory Revisions and Heightened Enforcement Action

Healthcare and Life Sciences

Onshoring Pharmaceutical Manufacturing: Procedures to Apply for Onshoring Agreements to Reduce Section 232 Tariffs

First Impressions: Key Lessons from DOJ's First Declination of Healthcare Company Under New Corporate Enforcement Policy

SEC and FDA Sign Memorandum of Understanding to Share Non-Public Information on FDA-Regulated Public Companies

Higher Education, Nonprofits and Federal Funding

IRS Proposed Regulation on Tax-Exempt Schools and Other Nonprofits’ Diversity Initiatives

Immigration, Labor and Workforce Policy

DOJ Announces Second DEI-Related False Claims Act Settlement

Key Contacts

Partner

Co-Chair, Congressional Investigations Practice

Co-Chair, Crisis Management and Strategic Response Group

Partner

Deputy Managing Partner

Co-Chair, Congressional Investigations Practice

Senior Public Policy Advisor

Co-Chair, Public Policy and Legislative Affairs Practice

Partner

Co-Chair, Public Policy and Legislative Affairs Practice

Counsel

Public Policy Advisor

Public Policy Advisor

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