Warning Signs: The Expanding Power of Congressional Investigations

Public Policy & Regulation attorneys Christopher Armstrong and Brad Brooker and Senior Policy Advisor Michal Freedhoff co-authored an article for Corporate Counsel analyzing the outlook for congressional investigations in 2026. As the authors observe, the decrease in legislative activity in hearings and markups – a result of political polarization – means lawmakers have more time to devote to oversight. This also means they are conducting more investigations into the private sector, tax-exempt entities and individuals, utilizing tools such as subpoenas, public hearings, document releases and federal authority referrals to compel testimony and information collection. Their article lists the Republicans and Democrats leading investigative efforts before going on to describe each party's priorities: Big Tech and social media, artificial intelligence, education and healthcare for the Republicans, alongside communications between the Trump Administration and private companies, data farms, energy usage and algorithmic pricing for the Democrats. They caution that congressional oversight often operates in tandem with litigation and other enforcement initiatives and recommend organizations assess risk areas, establish communication protocols and form a response team to remain prepared for outreach from the federal government as well as monitor the political landscape, particularly in the aftermath of the midterm elections, to spot warning signs and maintain business continuity.

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Mr. Armstrong, Mr. Brooker and Ms. Freedhoff also published a Holland & Knight alert on this topic.