Congressional Investigations

Our practice includes attorneys with extensive experience and qualifications in responding to congressional investigations. Our diverse, bipartisan team includes alumni of the White House Counsel’s Office, former senior staffers from leading congressional committees in the House and Senate, former top officials at the U.S. Department of Justice, and a former state Attorney General.

Our experience spans both chambers of Congress, every major committee, and virtually every industry sector. We are well-versed in navigating the distinct congressional investigations process, which often requires strategies that differ from other government investigation or litigation arenas. We anticipate where investigations are heading based on decades of experience and with the help of lawyers who have led congressional investigations from the other side of the table.

Long trusted by top global institutions, corporate leaders, and public officials, we help navigate challenges when the stakes could not be higher. Kirkland provides clients with seamless solutions wherever the situation demands—in Congress, the courts, boardrooms, government agencies or the public square.

There is no one-size-fits-all approach to defending a company or individual in a congressional investigation. We listen and carefully tailor our approach to our client’s goals to create effective solutions. We craft strategies with a deep understanding of the regulatory landscape, political realities, and the collateral consequences that can follow the spotlight of congressional scrutiny. We are not hesitant to explore unconventional approaches when they are warranted.

We regularly counsel corporations and individuals through the full investigative process, from responding to initial inquiries, letters, and formal subpoenas, to coordinating congressional briefings, drafting testimony, and guiding witnesses through intensive preparation for high-profile hearings. We also work seamlessly with in-house legal, government affairs, and communications teams to investigate facts, develop the right messaging, avoid pitfalls, and drive successful outcomes.

• We move quickly and understand that reputational matters can be won or lost without due process or a formal opportunity to respond. Our team is available for clients 24/7, for as long as it takes to achieve a successful outcome.
• We offer individualized strategies to help our clients meet their goals, taking into account the current political and media climates.
• We apply a deep knowledge of the inner workings of Congress to see around corners and anticipate issues.
• We guide our clients through the entire congressional investigation lifecycle, including coordinating and responding to parallel inquiries from other regulators.
• We maintain a deep bench of experience, bolstered by Kirkland’s broader capabilities and platform to offer clients complete solutions.

Our lawyers have assisted leading institutions and high-profile individual clients with hundreds of congressional inquiries, enforcement investigations and crisis avoidance and mitigation matters. Our clients range from the world’s most prominent banks, hedge funds, private equity and venture firms; to energy companies, government contractors, healthcare and pharmaceutical institutions, and technology firms, as well as CEOs and high-ranking current and former public officials.

In the first six months of the 117th Congress alone, our team prepared eight CEOs and senior executives to testify publicly before six Senate and House committees. We have also assisted numerous other clients in confidential or non-public congressional matters.

Collectively, our team has assisted clients with hundreds of matters before Congress. Descriptions of some of our representative matters appear below by industry.

Technology & Media

• Lead counsel for a global social media company in connection with multiple House and Senate inquiries across a variety of issues from content moderation and cryptocurrency to internet regulation and antitrust.
• Lead counsel for a media company in connection with a House Oversight and Government Reform Committee inquiry regarding possible false statements by a CEO.
• Lead counsel for a global communications company in connection with a PSI inquiry regarding customer service practices in the pay TV sector.
• Lead counsel for a high-profile technology company in connection with a PSI inquiry regarding repatriation and other tax related issues.
• Lead counsel for a former member of the Hewlett-Packard Board of Directors in connection with the HP "pretexting" scandal, including corporate, congressional, SEC and DOJ inquiries.
• Lead counsel for an internet company in connection with a House Judiciary Committee hearing regarding privacy issues.

Energy & Infrastructure

• Lead counsel for a pipeline company in connection with high profile hearings regarding ransomware attacks.
• Lead counsel for an airline manufacturer in connection with hearings into product design and fatal accidents.
• Lead counsel for a global energy company in connection with a PSI inquiry regarding trading activities.
• Lead counsel for green energy entity in connection with stimulus program inquiries by the House Energy and Commerce and House Oversight and Government Reform Committees.
• Lead counsel for a transportation and shipping company in connection with a House Judiciary Committee inquiry regarding corporate downsizing.
• Lead counsel to co-founder of a hybrid electric vehicle company in preparation for his testimony regarding Department of Energy loan guarantees at high-profile House hearing.

Health & Pharmaceuticals

• Lead counsel to a major pharmaceutical company in a high stakes inquiry regarding opioid abuse issues.
• Lead counsel to a national healthcare provider in connection with an inquiry by the Senate Finance Committee regarding pricing and tax issues.
• Legal counsel to a health services company in connection with a Senate Finance Committee investigation regarding quality of care.
• Lead counsel to a leading pharmaceutical manufacturer in a drug pricing inquiry by multiple committees.
• Lead counsel to a medical device company in connection with a House Energy and Commerce Committee inquiry regarding dual use technology and national security issues.
• Lead counsel to energy drink manufacturer in an investigation and hearings before the Senate Commerce Committee regarding the sales and marketing practices of the energy drink industry.

Financial Institutions & Private Equity

• Lead counsel for nine large financial institution CEOs, a senior corporate executive, and two bank board members for eight separate hearings before the House Financial Services and Senate Banking Committees.
• Lead counsel to a trading and investment company and CEO in connection with House and Senate inquiries into market volatility and retail investing for app-based services.
• Lead counsel to RER Solutions, Inc. and its CEO in a high-profile investigation by the House Select Subcommittee on the Coronavirus Crisis regarding RER’s contract to provide loan processing services to the $200 billion COVID-19 Economic Injury and Development Loan (EIDL) program at the Small Business Administration. 
• Lead counsel to a leading private equity association in connection with a House Financial Services Committee hearing regarding industry practices.
• Lead counsel to a leading private equity firm regarding COVID-19 housing issues.
• Lead counsel for a major activist hedge fund in connection with a Senate Aging Committee inquiry regarding drug price increases.
• Lead counsel for a global financial institution in a DOJ, IRS and PSI inquiry regarding offshore banking and possible tax avoidance by US taxpayers.
• Lead counsel for global financial institution in connection with PSI inquiry regarding risk management practices.
• Lead counsel for a hedge fund in connection with a Senate Banking Committee inquiry regarding high-frequency trading.
• Lead counsel for a CEO in connection with a House Oversight and Government Reform Committee inquiry regarding hedge funds and the financial markets.
• Lead counsel for a financial institution in connection with a PSI investigation regarding dividend tax payments.
• Lead counsel for a financial institution in connection with a high-profile AML investigation by the PSI and other governmental entities.
• Lead counsel for a financial institution in connection with a PSI inquiry regarding the tax treatment of complex financial instruments.

Defense & Government Contractors

• Lead counsel to a large government contractor in an inquiry regarding military housing.
• Lead counsel to a multinational corporation in connection with multiple Senate and House inquiries related to the federal government's use of private detention facilities.
• Lead counsel to one of the largest military logistics companies in the world in parallel congressional, civil, and criminal investigations into alleged fraud related to the execution of multi-billion dollar wartime contracts in Afghanistan.

High-Profile Individuals

• Lead counsel for a former IRS Commissioner in successful defense against House impeachment effort.
• Lead counsel to several Members of Congress in connection with ethics inquiries.
• Lead counsel for a four star Army general in connection with Benghazi-related inquiries.
• Lead counsel for a CEO in connection with a House Oversight and Government Reform Committee investigation and hearing regarding executive compensation.

We have successfully represented clients in investigations involving numerous congressional committees, including:

• Senate Committee on Armed Services;
• Senate Committee on Banking, Housing, and Urban Affairs;
• Senate Committee on Commerce, Science and Transportation;
• Senate Committee on Energy
• Senate Committee on Environment and Public Works;
• Senate Committee on Ethics;
• Senate Committee on Finance;
• Senate Committee on Health, Education, Labor, and Pensions;
• Senate Committee on Homeland Security and Governmental Affairs;
  • Senate Permanent Subcommittee on Investigations;
• Senate Committee on Indian Affairs;
• Senate Committee on the Judiciary;
• Senate Committee on Small Business and Entrepreneurship;
• Senate Select Committee on Intelligence;
• Senate Special Committee on Aging;
• House Committee on Armed Services;
• House Committee on Education and Labor;
• House Committee on Energy and Commerce;
• House Committee on Ethics;
• House Committee on Financial Services;
• House Committee on Foreign Affairs;
• House Committee on Homeland Security;
• House Committee on the Judiciary;
• House Committee on Natural Resources;
• House Committee on Oversight and Reform;
  • House Select Subcommittee on the Coronavirus Crisis.
• House Committee on Natural Resources;
• House Committee on Small Business;
• House Committee on Transportation and Infrastructure;
• House Permanent Select Committee on Intelligence; and
• House Select Committee on the Climate Crisis.

We have also advised clients in matters before the Office of Congressional Ethics, Government Accountability Office, and Financial Crisis Inquiry Commission.