Mike and Brent welcome Amanda Robinson, who leads Morgan Lewis’s U.S. congressional investigations practice. Amanda, Mike, and Brent discuss Amanda’s professional background (01:18); what companies should be preparing for in congressional investigations (01:57); how congressional investigations fundamentally differ from litigation (02:31), including why sometimes the most legally aggressive position is not necessarily the best strategic position when dealing with Congress (04:29); the strategy for deciding whether, and how, to respond to voluntary requests (06:02); potential limits to congressional authority (11:30); the potential consequences of not responding to a congressional subpoena (14:40); the potential for information provided to Congress to turn up with other U.S. agencies (15:57); the importance of defending clients while remaining trusted, honest brokers with committee staff (20:01); the need to consider not only how the disclosing party interprets the information but how the receiving staff or other agency will interpret it (22:29); the critical importance of prior statements or other statements made outside a congressional investigation and the value of a “statement inventory” to an effective response (26:45); effective strategies (and pitfalls to avoid) for companies expecting prior deals with the Executive Branch to come under congressional scrutiny (31:24); key concepts for effective witness selection and preparation (32:27); why board members, c-suites, and general counsels should first build an “oversight map” to anticipate where future congressional scrutiny might arise and begin to plan for responding (39:52); and the value of proactive corrective and remedial action (40:38).
They then conclude with the latest installment of Brent Carlson’s “Managing Up” segment (41:50).
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