WASHINGTON — As Republicans look forward to governing with control of both the White House and Congress in 2025, leaders of big law firms are gearing up for a busier season, especially in their Congressional investigation practices. Despite a probable slow start due to other priorities, such as confirmations and legislative activities, attorneys anticipate an uptick in investigations, particularly those targeting private sector practices.
The landscape of Congressional oversight is expected to shift substantially, with Democratic executive branches traditionally being the primary focus, paving the way for increased scrutiny on corporate America. Industries and companies might face probes on several fronts including diversity, equity, inclusion (DEI), environmental, social, and corporate governance (ESG) initiatives, content moderation on social media, immigration policies, and the resilience of supply chains.
Alyssa DaCunha, co-chair of Wilmer Cutler Pickering Hale and Dorr’s congressional investigations practice, notes a significant pivot towards private sector investigations. “The committees that might otherwise have been conducting oversight of the administration will now primarily focus on the private sector, indicating a surge in activities for our corporate clients,” she stated.
Michael Bell, a partner at Hogan Lovells, expressed a similar sentiment, indicating no industry is beyond the reach of these inquiries. “I don’t think that there’s a single industry that’s safe from investigations,” he remarked, signaling a broad and inclusive approach to future Congressional oversight efforts.
The forthcoming GOP-led oversight might scrutinize corporate policies related to DEI and ESG and their influence on fiduciary duties to shareholders, conservative approaches to social media content filtering, strategies concerning emerging technologies, federal workforce management, and governmental financial allocations.
The legal community expects a dynamic environment as attorneys like Ed O’Callaghan, chair of Cahill’s congressional investigations practice, foresee a focus predominantly on “private companies and private industries” rather than the party in power.
While the Senate may initially find its hands full with confirming appointments to various positions in the incoming administration, Kirkland & Ellis litigation partner Reginald Brown emphasizes the eventual transition to robust investigative activities. “The Senate will initially be preoccupied, but we anticipate an escalation in investigative undertakings over time,” Brown mentioned.
Susanne Grooms, a partner at Cooley’s congressional investigation practice, spoke on the adaptability and vigor of Republican staff in managing investigations concurrently with other legislative responsibilities. “Republicans have demonstrated the ability to manage multiple priorities effectively, suggesting a robust schedule of investigations moving forward,” Grooms explained.
The House, still under Republican control, continues to engage in significant investigatory activities, particularly concerning strategic U.S. competitiveness against the Chinese Communist Party. This ongoing focus signals a sustained interest in key security and international trade matters.
As Republicans anticipate a narrow majority in Congress, legislative hurdles could amplify the focus on their investigatory capacity. “Typically, when it’s challenging to push legislation through, Congress tends to lean more heavily on investigations,” remarked Bell in anticipation of the tight political dynamics.
Attorneys with connections to Republican circles are likely to be in high demand as the trend towards more, not less, oversight is expected to continue. Firms specializing in congressional investigations anticipate a steady stream of work as they prepare to navigate this ever-evolving landscape.
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