Avoiding the Pitfalls and Finding the Competitive Opportunity of Congressional Investigations

• 10.14.2009

Since the first congressional investigation in 1792, Congress firmly has established its power to investigate. Now, as congressional oversight intensifies, it is more important than ever for companies to understand and mitigate the potential risks. If a company becomes ensnared in a congressional investigation, the stakes are high: in addition to intense media scrutiny, a company may face serious risk of reputational damage; possible enforcement proceedings, criminal referrals or fines; and costly litigation. However, if the corporate response is managed smartly and strategically, the potential damage can be contained, and any negative exposure redirected to aid your company’s bottom line.

In an article originally published in Bloomberg Law Reports: Corporate Law, WilmerHale Partner Tonya T. Robinson outlines Congress’ considerable powers, explores tried-and-true practices companies can employ to avoid congressional investigations, and, in the unfortunate event that your company is caught in Congress’ crosshairs, provides a roadmap on how best to engage key stakeholders, including members of Congress and their staff. To read the full text of Robinson’s article, please click here.

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