With the onset of a new Congress and administration and the economy in turmoil, congressional investigations of corporate America are bound to increase significantly. While the 110th Congress focused a great deal of attention on the Bush administration, the 111th Congress will not only have greater resources to devote to investigations of corporate America, but it will use investigations to build momentum for major legislative initiatives. Because many of these legislative initiatives are a high priority, investigations are apt to arise very quickly.
The Congressional Investigations Practice at Dickstein Shapiro LLP excels in representing individuals and corporations that are involved in potential or ongoing government investigations, including those conducted by Congress and inspectors general. The practice gives clients the strategic advantage of working with skilled former congressional investigators who understand the ramifications of government inquiries, appreciate the nuances of federal investigative processes, and offer creative and proactive solutions. The practice offers strategic counseling and assists clients in responding to narrative and document requests, preparing testimony and witnesses, developing crisis management strategies, and conducting internal corporate investigations.
The practice is complemented by a nationally ranked, full-service law firm with strength and depth in the substantive areas underlying these investigations. Moreover, the firm is renowned for its experience in regulatory enforcement, notably investigations by the Securities & Exchange Commission (SEC), Department of Justice (DOJ), independent counsel, and state attorneys general. With more than 15 former assistant U.S. attorneys, 50 former executive branch lawyers, and 10 former legislative branch counsels and members of Congress, the firm is well equipped to meet all the needs of a client confronted with government scrutiny.
Experience
Dickstein Shapiro’s Congressional Investigations Practice includes attorneys with unparalleled experience in major congressional investigations. The practice is led by Partner Mark Paoletta, one of the longest-serving chief oversight counsels in the history of the U.S. House Energy and Commerce Committee. During more than a decade with the Committee, Mr. Paoletta conducted nearly 200 hearings on a wide variety of high-profile topics, including accounting irregularities at Enron, Global Crossing, and HealthSouth; the Ford-Firestone tire recall; the Hewlett-Packard corporate spying investigation; and ImClone. Also instrumental in the practice is Andrew Snowdon, who served as counsel for the U.S. House Energy and Commerce Committee for more than three years and led investigations into Medicaid prescription drug reimbursement programs involving Average Wholesale Price and BP’s pipeline spills at the Greater Prudhoe Bay oil field in Alaska, among others. Prior to serving the Committee, Mr. Snowdon served as enforcement counsel at the SEC and Financial Industry Regulatory Authority (FINRA).
Attorneys at Dickstein Shapiro have represented prominent individuals and corporations in congressional and other government investigations into a variety of issues. These matters include:
Prominent Individuals Represented
Major Corporate Clients
Legal Services
Strategic Counsel and Hearing PreparationResponding to and testifying before a congressional investigative committee can be an intimidating event for even the most of seasoned executives. The experience usually has high-stakes consequences and risks of reputational damage that demand skilled counsel. The Congressional Investigations Practice is a one-stop shop for active management of congressional and governmental inquiries and investigations, and practice attorneys have the specific knowledge and experience to counsel clients through each step of what can be an arduous and protracted process. Attorneys in the practice understand the subtleties of the investigative process and counsel clients as to the nature of the investigation and their respective roles in it. They also work with clients to establish realistic goals and effective response strategies at all stages of an investigation.
Proactive SolutionsAttorneys in the practice believe it is important to develop and maintain proactive relationships with the investigative staffs of key committees, whose work typically drives major public policy debates. While many companies and their lobbyists pay a great deal of attention to congressional legislative staffs, committee investigators typically are an afterthought until a negative article appears in The Wall Street Journal or a chairman’s letter shows up on the fax machine. Dickstein Shapiro firmly believes that a sophisticated Washington presence should include ongoing dialogues with committee investigative staffs.
Crisis ManagementA crisis is a turning point that both requires caution and affords opportunity. High-profile investigations often are accompanied by increased exposure and publicity, and the practice understands that there are many facets to effective crisis management. All of the key players in an unfolding event—the media, stakeholders, employees, and the general public—must be considered and informed. Attorneys in the practice help clients develop and disseminate consistent, well-reasoned, and effective messages and are able to assist clients in all aspects of crisis management.
Internal Corporate InvestigationsInternal investigations are crucial to helping clients maintain corporate integrity, identify areas of weakness, and demonstrate dedication to compliance. With extensive experience, including hundreds of interviews, sworn testimony, and document requests, the practice is well suited not only to conduct thorough and professional internal reviews, but also to utilize such reviews as effectively as possible in the context of any governmental investigations. The ability to coordinate internal and external investigations minimizes the chance for miscommunication and best serves the needs of the client.