Law360 Publishes Akin Gump Article on Legislation to Expand Congressional Subpoena Power

Law360 has published the article “House Bill Would Raise Stakes Of Congressional Inquiries,” written by Akin Gump litigation partners Steven Ross and Raphael Prober, co-heads of the firm’s congressional investigations practice, and counsel Megan Greer. The article reviews legislation passed by the House of Representatives “that could expand Congress’ investigative authority and alter the manner in which investigations are conducted.”

Ross, Prober and Greer write that the bill, which still needs to be passed by the Senate and signed into law by President Trump, “would shift the current landscape regarding judicial review of congressional subpoenas and place significant burdens on all recipients of such subpoenas.” They warn that this could have a big impact on anyone targeted for an investigation, as it would “alter the process by which congressional subpoenas could be challenged in the courts” and “would enact a statutory requirement to submit a detailed privilege log in response to any congressional subpoena.”

The authors note that final passage of the legislation is not guaranteed, though it underscores the necessity of anyone targeted by congressional scrutiny “to approach such investigations with caution and an awareness of the legal duties and pitfalls attendant with an inquiry.”

To read the full article, please click here.