Holland & Knight - Congressional Investigations

Congressional Investigations With decades of experience in guiding U.S. and multinational companies in nearly every industry during some of their toughest challenges, Holland & Knight's Congressional Investigations Team assists clients with risk management and liability mitigation communication strategy, message development, media relations and reputation protection during high-profile congressional and government investigations. Congressional investigations require counsel with a unique combination of skills:  political awareness and relationships  white collar defense experience  crisis management

 knowledge of Congressional rules and practices  public relations

In many cases, congressional investigations are closely related to Department of Justice, Federal Election Commission or Inspector General investigations and our team is uniquely qualified to represent clients under these circumstances.  Our attorneys and professionals have worked extensively on Capitol Hill - both as former Members and senior staff, as well as during the representation of Holland & Knight clients in congressional investigations and a variety of other contexts.  Attorneys in our White Collar Defense and Government Investigations Team have decades of experience assisting individuals and companies with Congressional investigations. We also have strong relationships with senior officials at the Department of Justice and have been successful in defending our clients who face civil and criminal investigations and agency debarment actions.  Our team has extensive experience with Congressional committees that have investigative jurisdiction including, the House Energy and Commerce, Oversight and Government Reform, Financial Services, Appropriations, and Armed Services Committees as well as the Senate Commerce, Energy & Natural Resources, Environment & Public Works, Finance, Banking and Appropriations Committees.  Our firm is also well-equipped to coordinate legal and governmental representation with the media and the community, as well as with employee and investor relations efforts associated with what often can be high profile investigations. Our integrated approach to client service enables us to effectively respond to matters that are often sensitive and capable of impacting the success of an organization.

Examples of areas where we can assist clients:  Congressional inquiries or investigations  allegations of reporting or accounting failures by public companies  witness preparation for testimony before Congress  witness preparation for testimony before Grand Jury or federal law enforcement

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 allegations of fraud, misconduct or other ethical lapses  alleged procurement integrity, ethics in government, or other similar violations  defending individuals and companies who face allegations of fraud, misconduct or ethical lapses

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STRATEGIC COMMUNICATIONS We assist clients in carefully and effectively managing their reputations among the media, the community, employees and shareholders in the wake of high profile investigations. We will work with you proactively to identify potential vulnerabilities, if a crisis does emerge, our Crisis Management Team is poised to respond immediately. Crisis-related services include providing spokespersons, risk assessments, simulation exercises, media monitoring, and training. Working collaboratively with you, we will address all requirements of the situation, from litigation communication to press conferences to Congressional testimony. Our services include:  high-stakes communications strategy and message development  reputation protection  high-profile media relations and media rapid response  opinion research, message and credibility testing  intelligence, opposition research and evidence gathering  message discipline and media training  social media strategy and implementation  health, economic and environmental studies  ally development and ally advocacy

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litigation communications central and field-based public affairs strategy data breach communications coding, coverage and payment ally advocacy media resource and website development product launch communications multimedia advocacy ads events and press conference management expert witness media spokesperson development  national and community-based public affairs

OUR COMPREHENSIVE CRISIS AND RISK MANAGEMENT GUIDANCE INCLUDES:  counseling companies, organizations and individuals in responding to, preparing for, participating in and emerging from all kinds of congressional or executive investigations and inquiries, including those involving the Department of Justice, the Federal Election Commission and the Federal Agency Offices of Inspector General (OIG)  negotiating on behalf of our clients with all federal law enforcement and investigative agencies; litigating countless white collar criminal and civil cases; defending companies in SEC enforcement and anti-money laundering matters; and representing clients in investigations of corporate misconduct  representing government contractors and grant recipients in government audits and investigations, including by the U.S. Government Accountability Office (GAO), agency OIGs, and other oversight bodies, including the U.S. Department of Defense (DOD) investigative agencies (i.e., Army CID, Navy CIS and Air Force OSI) and the Department of Justice; we also represent clients in bid protests, claims by and against the government, suspension and debarment matters, FCPA matters and other litigation  handling the sensitive investigative, response, insurance, crisis communications, regulator inquiry and litigation challenges that arise during and following a data breach or cybersecurity attack; assisting clients through the initial hours of a breach through response to consumers and dealing with the aftermath; developing plans to help protect our clients' reputations for the long term, including dealing with corporate, insurance, investigative, crisis management and investor relations issues

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 representing financial institutions as well as their directors and officers in financial investigations brought by regulatory, investigative and prosecutorial agencies  defending clients against regulatory and statutory civil enforcement actions and litigation – including in matters brought by the Securities and Exchange Commission (SEC), Consumer Financial Protection Bureau and other government agencies, and under the False Claims Act  advising clients on enhancing compliance programs to avoid future incidents and to demonstrate their institutional commitment to ethical behavior and sound practices as well as maintaining shareholder value

REPRESENTATIVE ENGAGEMENTS Holland & Knight has represented leading defense contractors and Fortune 500 companies, including:  multiple CARES Act funding and payroll support recipients during investigations by the House of Representatives Select Subcommittee on the Coronavirus Crisis  a defense contractor during a House Office of Congressional Ethics investigation  an individual during a dual-track inquiry by the U.S. DOJ Public Integrity Section and the Senate Ethics Committee  a defense contractor during a Senate Committee on Homeland Security and Governmental Affairs inquiry  a financial sector client during a House Homeland Security Committee hearing  an automotive industry client during a House Energy and Commerce investigation  a chemical manufacturer during a House Energy and Commerce hearing  a trade association during a House Oversight and Government Reform Committee investigation  a private equity investment firm and federal contractors in connection to an investigation by the House Oversight and Reform Committee  a pharmacy benefit management organization in connection to drug pricing inquiries and hearings by the House Energy and Commerce and Senate Finance Committees  a multinational construction company and federal contractor called before the Senate and House Armed Services Committees  a private equity and real estate investment firm in a Senate Finance Committee investigation related to tax deductions  a global health services organization in connection to a House Energy and Commerce and Senate Health, Education, Labor and Pensions Committee investigation on medical billing  a global tobacco company and a subsidiary manufacturer of e-cigarettes in relation to an investigative hearing by the House Energy and Commerce Committee  current and former government officials investigated or called before House and Senate committees

CONTACTS Rich Gold, Partner | Washington, D.C. | 202.457.7143 | rich.gold@hklaw.com Christopher Armstrong, Partner | Washington, D.C. | 202.469.5490 | christopher.armstrong@hklaw.com Christopher DeLacy, Partner | Washington, D.C. | 202.457.7132 | christopher.delacy@hklaw.com

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