In recent years, investigators in Congress have ramped up scrutiny of government contractors and other recipients of federal funds. This trend has only accelerated in the current Congress, with Republican-led committees pursuing expansive inquiries targeting a wide variety of federal contractors and grantees. Along with familiar allegations of waste or misuse of federal funds, these recent investigations have largely been driven by the political and policy priorities of the Republican majority. But with Democratic congressional leaders signaling their own intention to prioritize oversight of private parties doing business with the government, this trend is poised to continue regardless of the outcome of November’s midterm elections.

In this alert, we highlight unique challenges posed by congressional investigations targeting government contractors, as well as particular risk areas likely to attract scrutiny on Capitol Hill in the current Congress and beyond.

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Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads…

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

Photo of Dana Remus Dana Remus

Drawing on her prior experience in government service, Dana Remus advises clients on congressional investigations, government regulatory enforcement trends, public policy issues, election and political law matters, and ethics matters. Dana represents clients in a variety of industries on a range of issues…

Drawing on her prior experience in government service, Dana Remus advises clients on congressional investigations, government regulatory enforcement trends, public policy issues, election and political law matters, and ethics matters. Dana represents clients in a variety of industries on a range of issues, including life sciences, technology, financial services, FinTech, energy, and consumer goods. She also advises nonprofit entities and federal and state candidates and political parties.

Dana joined Covington after serving as Assistant to the President and White House Counsel for President Biden. In this role, Dana advised on a range of matters and policy initiatives, including implementation of bipartisan legislation and high-profile congressional investigations.

Dana led the Biden-Harris campaign’s legal team as General Counsel, and served as senior advisor to the Harris-Walz campaign. She served as General Counsel of the Obama Foundation, and General Counsel of the personal office of President and Mrs. Obama, and prior to that, as Deputy Assistant to the President and Deputy Counsel for ethics in the Obama administration.

Previously, Dana was a Professor of Law at the University of North Carolina School of Law, where she specialized in legal and judicial ethics and the regulation of the legal profession. She clerked for Justice Samuel Alito of the U.S. Supreme Court of the United States and Judge Anthony Scirica of the U.S. Court of Appeals for the Third Circuit.

Photo of Frederic Levy Frederic Levy

Fred Levy is senior counsel in the firm’s Government Contracts and White Collar Defense and Investigations Practice Groups. He is a leading suspension and debarment lawyer, focusing his practice on the resolution of complex compliance and ethics issues. He has successfully represented numerous…

Fred Levy is senior counsel in the firm’s Government Contracts and White Collar Defense and Investigations Practice Groups. He is a leading suspension and debarment lawyer, focusing his practice on the resolution of complex compliance and ethics issues. He has successfully represented numerous high-profile corporations and individuals under investigation by the government in civil and criminal matters, including False Claims Act cases, and in suspension and debarment proceedings to ensure their continued eligibility to participate in federal programs. He has also conducted numerous internal investigations on behalf of corporate clients and advises corporations on voluntary or mandatory disclosures to federal agencies. Fred regularly counsels clients on government contract performance issues, claims and terminations, and litigates matters before the boards of contract appeals and in the Federal Circuit.

Related to his work involving program fraud, Fred counsels clients in the area of contractor “responsibility.” He is involved in the development and implementation of contractor ethics and compliance programs that meet the standards of the Federal Acquisition Regulation, Federal Sentencing Guidelines, and Sarbanes-Oxley, and he regularly conducts ethics and compliance training.

Fred is a principal editor of Guide to the Mandatory Disclosure Rule, and of The Practitioner’s Guide to Suspension and Debarment, 4th Edition. He is a vice-chair of the Debarment and Suspension Committee of the ABA Public Contract Law Section, and a former co-chair of that committee and of the Procurement Fraud Committee. He is a graduate of Columbia College and Columbia Law School.

Photo of Angelle Smith Baugh Angelle Smith Baugh

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks. She has been individually ranked by…

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks. She has been individually ranked by Chambers for Congressional Investigations for three consecutive years, with clients describing her as “…incredibly responsive, thorough and has great expertise in congressional investigations.”

Angelle’s practice focuses on defending companies and individuals in high-profile congressional investigations, as well as other criminal, civil, and internal investigations. She represents clients before House and Senate Committees, as well as in criminal and civil government investigations before the Public Integrity Section of the Department of Justice, Federal Election Commission, and the Office of Congressional Ethics.

She assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. She has experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Angelle also has experience and expertise navigating federal and state ethics laws, and provides ongoing political law advice to companies, trade associations, PACs, and individuals.

Photo of Perrin Cooke Perrin Cooke

Perrin Cooke is special counsel in the firm’s Washington, DC office and a member of the White Collar Defense and Investigations, Election and Political Law, and Public Policy Practice Groups, with a focus on assisting clients responding to high-profile congressional investigations.

Drawing on…

Perrin Cooke is special counsel in the firm’s Washington, DC office and a member of the White Collar Defense and Investigations, Election and Political Law, and Public Policy Practice Groups, with a focus on assisting clients responding to high-profile congressional investigations.

Drawing on his experience in government, most recently as Deputy General Counsel at the U.S. Department of Health and Human Services, Perrin advises clients on matters presenting significant legal, political, and reputational risks. During the Biden Administration, Perrin served as the lead attorney on oversight matters across two federal agencies. In this capacity, he guided the development of strategic responses to congressional requests and subpoenas touching on a range of topics. Through his work in both government and private practice, Perrin has extensive experience preparing witnesses – including numerous corporate executives, cabinet secretaries, and other senior government officials – appearing in briefings, transcribed interviews, and hearings before congressional oversight committees.

In addition to his investigations practice, Perrin advises clients – including political campaigns, advocacy organizations, trade associations, and corporations – on a wide variety of election and political law compliance matters.

Photo of William Sokolove William Sokolove

William Sokolove is an associate in the Congressional Investigations, Election and Political Law, and White Collar Defense and Investigations Practice Groups. He advises clients cooperating with and responding to high-profile investigations before Congress and the Department of Justice that entail significant legal and…

William Sokolove is an associate in the Congressional Investigations, Election and Political Law, and White Collar Defense and Investigations Practice Groups. He advises clients cooperating with and responding to high-profile investigations before Congress and the Department of Justice that entail significant legal and reputational risks. He is familiar with each phase of the investigatory process, including preparing for congressional hearings and responding to subpoenas and requests for documents.

William is an active member of the firm’s LGBTQ+ Resource Group and maintains a robust pro bono practice. He has significant experience litigating on behalf of tenants facing eviction.

William was a law clerk on the Senate Judiciary Committee and worked on successful congressional and state attorney general campaigns.

Photo of Homer La Rue Homer La Rue

Homer La Rue is an associate in the firm’s Washington, DC office and a member of the Government Contracts Practice Group. Drawing on his experience in industry and at the U.S. Department of Defense (DOD), Homer advises a diverse mix of clients on…

Homer La Rue is an associate in the firm’s Washington, DC office and a member of the Government Contracts Practice Group. Drawing on his experience in industry and at the U.S. Department of Defense (DOD), Homer advises a diverse mix of clients on a broad range of matters related to government contracting, including: complex regulatory compliance matters, high-stakes investigations, enforcement actions, corporate transactions, and prime contractor / subcontractor disputes. Prior to joining the firm, Homer spent over a decade at the Defense Contract Management Agency (DCMA) working in support of key Defense and Intelligence Community buying commands. As a warranted Corporate Administrative Contracting Officer (CACO), Homer’s duties included a wide range of enterprise-wide contract administration and audit resolution functions.

Homer also maintains an active pro bono practice focused on indigent criminal defense.

Photo of Samuel Klein Samuel Klein

Samuel Klein counsels clients on mitigating reputational risks, responding to government investigations, and navigating the regulatory and political environment for strategic public engagement. As a member of Covington’s Election and Political Law Practice Group, Sam helps clients facing Congressional investigations and advises on…

Samuel Klein counsels clients on mitigating reputational risks, responding to government investigations, and navigating the regulatory and political environment for strategic public engagement. As a member of Covington’s Election and Political Law Practice Group, Sam helps clients facing Congressional investigations and advises on election administration, ethics, and campaign finance laws. Working with the firm’s Public Policy Practice Group, he advises on federal and state initiatives for clients in technology, finance, and other regulated industries. He maintains an active pro bono practice. Before joining Covington, Sam served as a law clerk at the Federal Election Commission, interned for two committee leaders in Congress, and worked as a public affairs consultant.