TheCorporateCounsel.net

Latham recently published a summary of insights provided by senior congressional staff members on how congressional oversight has evolved and what private sector companies should consider when responding to congressional inquiries. This excerpt discusses the importance of early and cooperative engagement:

– Proactive outreach: Committees often send broad initial requests, either through a formal letter or informal email outreach. In many instances, early, constructive dialogue can narrow the scope of these requests and help clarify the focus of the inquiry. The panel stated that a helpful posture is for companies to use their government affairs resources to monitor committee priorities and anticipate potential activity so that, under appropriate circumstances, they can proactively reach out prior to formal requests.

– Responding to sector-wide letter “blitzes” requires a thoughtful approach: When congressional committees or individual members send a similar letter to many companies in the same industry, each company should carefully determine an appropriate response. Entities that do not respond or send incomplete responses stand out when others cooperate fully, potentially triggering follow-up. Companies should aim for timely responses, and should be aware that committees could analyze responses across sectors for indications of industry viewpoints or vulnerabilities.

The memo says that companies should integrate their government relations, communications, and legal functions in order to ensure an effective response to congressional oversight. It also cautions companies that when an administration tries to stiff-arm Congress on investigative demands, it often turns to private sector players to access the information it wants.

– John Jenkins