Investigations launched by Congress pose a unique set of considerations and risks for companies and individuals under scrutiny, with extremely high public, political and collateral stakes. These inquiries can unfold quickly, often in the glare of the media spotlight, and call for a strategic response fundamentally different from the approach required in the courtroom or before regulators. No law firm has handled as many and varied a range of congressional inquiries across industries and issues as WilmerHale. With experience representing clients in more than 250 congressional investigations in the past five years—covering both chambers of Congress, every major committee and virtually every industry sector—WilmerHale is adept at navigating the culture, protocols and politics of this distinctive forum.

Our bipartisan team of lawyers have led congressional investigations while working in Congress on over two dozen congressional committees and subcommittees. Others have responded to countless congressional inquiries while serving in senior positions at the White House and in executive branch agencies. While our experience includes many of the most complex and high-profile congressional investigations of recent years, we count among our successes the many times our clients did not have to testify and the story never made it onto the front page of a newspaper. 

Our Approach

We craft a strategy that takes into account the political realities and media climate. A request letter or interview demand from Congress is an exigency unlike any faced by a company or individual in the normal course of business. The process unfolds in the spotlight and is driven by political imperatives that WilmerHale is singularly well positioned to navigate.

We hit the ground running. Our strategy and preparation begin well before the first subpoena arrives and our vigilance on behalf of clients continues up to and beyond the investigative hearing or report, often encompassing litigation or regulatory inquiries that arise in response to the congressional inquiry. 

We see clients through the full congressional investigations process. We respond to informal inquiries and formal committee requests and subpoenas, manage discovery, draft testimony and guide witnesses through intensive preparation for hearings, oversee the public relations dimension of the matter, and seamlessly coordinate a multi-branch strategy to address overlapping inquiries by the Department of Justice or other federal executive departments and administrative agencies. Beyond hearings, our work includes intensive and comprehensive fact development, large-scale document productions, constitutional law analysis and in-depth strategic counsel, as well as coordination and handling of parallel congressional, regulatory and law enforcement investigations. 

Our every step is informed by a deep understanding of the inner workings of Congress. We see around corners and anticipate subjects and targets of investigations, determine the nature and scope of an inquiry, address committee concerns before a subpoena or request is written, gauge the potential consequences of cooperation in its various forms, work with committee members and staff in preparation for the hearing, address executive branch decision makers, and help clients avoid damaging missteps.

Responding to a crisis. We are regularly called on by clients to help them navigate crises that have complex and interrelated legal, political, reputational and strategic implications. Our bipartisan team applies its vast experience to develop comprehensive strategies that approach congressional investigations in a manner that mitigates collateral exposure in parallel investigations and litigation. These multi-dimensional matters often also involve high level political engagement with the executive branch, as well as state and municipal authorities, and other regulators.

We are equally well-equipped to assist clients in fast-moving, reactive hearings and in-depth investigations of the greatest complexity. Our work has ranged from investigations in which senior executives had less than a week to prepare to testify, to investigations with multiple, broad subpoenas and enormous collateral consequences, where we have helped clients weather sustained congressional, media and public scrutiny over multiple months or years.