Looking Ahead: Congressional Investigations in the 120th Congress and How Organizations Can Prepare

Holland & Knight's Congressional Investigations Team hosted "Looking Ahead: Congressional Investigations in the 120th Congress," a bipartisan briefing with leading members of Congress and congressional oversight staff on Capitol Hill in the U.S. House of Representatives Committee on Oversight and Government Reform hearing room at the Rayburn House Office Building. The September 17, 2026, program examined congressional oversight and investigative priorities in the next Congress.

Holland & Knight Partner and former U.S. Rep. Tom Davis (R-Va.), former chair of the House Committee on Oversight and Government Reform, hosted the discussion. The panel featured House Committee on the Judiciary Chairman Jim Jordan (R-Ohio), Ranking Member Jamie Raskin (D-Md.), Rep. Hank Johnson (D-Ga.) and Rep. James Walkinshaw (D-Va.), along with senior oversight counsel from House and U.S. Senate committees.

Staffers included Daniel Ashworth, General Counsel for the House Committee on Oversight and Government Reform; Sean Brebbia, Chief Counsel for Oversight and Investigations for the Senate Committee on Commerce, Science, and Transportation; Joseph Charlet, Chief Oversight Counsel for the Senate Committee on the Judiciary; Cassie Fields, General Counsel for the Office of the House Democratic Leader; Dan Goshorn, Chief Investigative Counsel for the Senate Committee on Finance; and Aaron Hiller, Chief Counsel and Senior Advisor for the House Committee on the Judiciary.

Holland & Knight Partners Christopher Armstrong, Ashley Joyner Chavous and Arya Hariharan helped lead the discussion, drawing on their experience conducting and responding to investigations. Panelists discussed what organizations should know when they receive a congressional inquiry or document request.

Key Takeaways

1. Oversight Activity Is Expected to Escalate. Panelists anticipated a significant increase in oversight activity after the midterm elections. Likely areas of focus include "pay to play" dynamics and Department of Government Efficiency (DOGE)-related matters. Panelists also noted that corporations may serve as both sources of information and targets of investigations, a dynamic increasingly playing out before committees beyond those traditionally associated with oversight work.
2. Congressional Subpoena Use Is Increasing. Panelists expect subpoena use to increase regardless of which party controls the House – and potentially to extend to the Senate. Panelists also discussed inherent contempt, criminal contempt and civil litigation as enforcement mechanisms, generally agreeing that civil enforcement is the most practical and effective tool available.
3. Early, Good-Faith Engagement Is the Best Strategy. The panel's practical advice was consistent: Engage with committee staff early, seek to narrow the requests and avoid becoming part of the headline. Panelists cautioned that a hostile posture or superficial compliance can put a company at the center of an investigation. By contrast, constructive engagement can position a company as a credible industry voice and may help narrow disputes before they escalate into public hearings, aggressive questioning or negative media coverage. The consensus was that early, good-faith engagement is often the most productive path toward resolution.
4. AI and Technology Are Emerging Bipartisan Priorities. Panelists predicted that artificial intelligence (AI) regulation and technology oversight will be a focus regardless of which party wins the majority. AI governance, data centers, data privacy and civil liberties were identified as potential areas of bipartisan interest, including questions implicating First Amendment rights. The discussion also reflected a bipartisan interest in Congress establishing guardrails for AI rather than leaving governance solely to the companies developing the technology or the Executive Branch, particularly given national security concerns and growing public anxiety.
5. The Media Environment Is Accelerating Investigations. Viral social media content and constituent pressure increasingly influence which issues draw congressional scrutiny and how quickly investigations develop. As members look for nontraditional ways to engage constituents, companies and individuals may find themselves in the spotlight faster and through less predictable channels. The traditional playbook still applies, but the triggers and tempo of investigations are accelerating.

Holland & Knight's Congressional Investigations Team

Congressional investigations are driven as much by politics, media attention and public scrutiny as by legal considerations, and they often create regulatory, law enforcement, litigation and reputational exposure that extends well beyond Congress. Holland & Knight's Congressional Investigations Team combines a sophisticated litigation and investigations platform with the bipartisan and bicameral experience, relationships and institutional knowledge of our Public Policy & Regulation Group. The team represents Fortune 500 companies, privately held companies, tax-exempt organizations, senior executives and public figures before nearly every major House and Senate committee conducting oversight and investigations. Our attorneys and policy advisors also help clients navigate inquiries at every stage – from assessing emerging risk and responding to initial requests through document productions, witness preparation and hearings – with a focus on narrowing requests, reducing unnecessary compliance burdens and, where possible, resolving matters without a public hearing.

Helping Clients Prepare

The message from the panel was clear: The congressional investigations landscape is faster-moving, more diffuse and less predictable, making preparation before an inquiry arrives increasingly important. To help clients get ahead of that scrutiny, Holland & Knight offers a Congressional Investigations Readiness Assessment, which identifies where congressional risk may arise and delivers a practical readiness road map built around four pillars: Assess, Prepare, Build and Test. The assessment evaluates potential vulnerabilities through the legal, political and strategic lenses congressional investigators are likely to apply and can be paired with executive briefings, witness preparation, tabletop simulations and ongoing monitoring as congressional priorities evolve.

Contact Us

For more information about the Congressional Investigations Readiness Assessment or how the 120th Congress may affect your organization, please contact one of the authors.