Cleary Gottlieb’s congressional investigations team advises companies, boards, and executives facing high-stakes congressional inquiries, from confidential staff requests to oversight investigations, document and testimony demands, and public hearings.

Our lawyers help clients navigate the legal, reputational, and operational risks that arise from congressional scrutiny including parallel litigation and regulatory investigations.

Few matters are as unique, or as sensitive, as a congressional investigation. These inquiries often unfold in full public view, where a single committee letter or interview demand can generate headlines, influence enforcement priorities, and put a company’s reputation and key relationships at risk. Given these risks, we measure success not only by outcomes in the hearing room, but also by the many matters resolved quietly, out of the public eye, and off the front page.

Because the first moves can define the course of an inquiry, early decisions about how to engage, what to produce, and how to communicate are critical. Our team has deep experience conducting independent investigations directed by boards and special committees into sensitive allegations of misconduct, and preparing investigative reports that can withstand public and legislative scrutiny. We engage with committee members and staff, including by presenting investigative findings, negotiating the scope and timing of document requests and subpoenas, and protecting privileged and confidential information. We also prepare executives and other witnesses for interviews, depositions, and hearings.

Drawing on the proven judgment of our Global Crisis Management practice, we help clients navigate the political, legal, and reputational pressures of congressional scrutiny with the utmost discretion. We anticipate committee interest, align legal and communications strategy across parallel regulatory, civil, or criminal proceedings, and protect our clients’ long-term interests by minimizing risk to their reputation and business at every turn. Seeing the whole picture, we lead integrated strategic response teams that combine investigations, legal representation, and a legislative and public relations strategy designed to achieve outcomes.

Our team includes a deep bench of former federal prosecutors, among them former U.S. Attorneys, a former Deputy Chief of the Criminal Division, a former Appellate Chief, a former National Security Chief, and various former Assistant U.S. Attorneys from Washington, D.C., California, New York, and Virginia, as well as senior officials at the SEC. Our lawyers have also engaged extensively with Congress in connection with a variety of high-profile enforcement actions covered by all media outlets.

Notable Experience

  • Multiple global financial institutions in investigations by the DOJ, the SEC, FINRA, state Attorneys General, SIGTARP, and Congressional committees into the structuring and marketing of CDOs, RMBS, and CMBS.

  • Appointed by the special committee of the FDIC board of directors to conduct an independent third-party review of the agency’s workplace culture, including allegations of sexual harassment, all forms of discrimination, a hostile work environment, and interpersonal misconduct at the FDIC, including a testimonial before the U.S. House Committee on Financial Services on the findings.

  • A global financial institution in responding to regulatory and governmental inquiries, including by the SEC, CFTC, FRB, NFA, and FINRA stemming from the multibillion-dollar meltdown of the family office of Bill Hwang, Archegos Capital Management, including support in responding to the U.S. Senate Committee on Banking, Housing & Urban Affairs.

  • A global industrial firm in congressional committee investigations related to consumer and environmental issues; successfully worked with congressional staff to respond to requests for information while limiting the scope of the inquiry.

  • The Dow Chemical Company in its $130 billion all-stock merger of equals with DuPont; the third-largest transaction of all time and one of the most challenging international transactions ever. Advised with respect to Senate hearings and testimony related to the merger.

  • Fresh Del Monte Produce Inc. in responding to a congressional request for information related to banana operations in Colombia; conducted an internal investigation and responded to congressional request for information.

  • A major wireless telecommunication firm in congressional hearings, including hearings before the Senate Judiciary Committees, related to the proposed mergers with two separate major telecommunication firms.

  • A multinational financial institution and its subsidiaries in connection with investigations by the House Financial Services Committee related to the Bernard L. Madoff Ponzi scheme.

  • A senior executive of an investigations firm in connection with an investigation by the House Energy and Commerce investigatory subcommittee into alleged misconduct and impersonation of congressional staff; the investigation was discontinued after the committee concluded there had been no wrongdoing.

  • Various individuals before congressional committees in connection with hearings related to the restructuring of Puerto Rico’s debt and related lobbying activities in favor of the enactment of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).

  • In connection with the Volkswagen diesel emissions matter, represented a large supplier in managing inquiries by the House Energy and Commerce Committee, Senate Finance Committee, various subcommittees, and others.

See More