As discussed in our earlier LawFlash, changes in congressional control could reshape investigative priorities, committee leadership, and subpoena authority. However, the next Congress will not necessarily start from scratch. Existing inquiries, prior document requests, and responses from businesses could provide a roadmap for future oversight.
TODAY'S RANKING MEMBERS COULD BE TOMORROW'S COMMITTEE CHAIRS
One important dynamic heading into the elections is the role of ranking members and other minority-party lawmakers who are already conducting inquiries into corporate practices.
Although information requests from minority members generally lack the compulsory force of committee subpoenas, companies should not discount their potential significance. If control of a chamber changes, today's ranking members may become committee chairs, with greater authority and resources to pursue investigations, compel document production, and call executives to testify.
Moreover, inquiries that appear dormant, or requests that lawmakers believe were not adequately answered, could be revived or expanded under new committee leadership. Subcommittee leadership changes also matter, particularly where investigations involve specialized industries or issues that cross traditional jurisdictional boundaries.
EXISTING INQUIRIES OFFER A PREVIEW
Recent congressional scrutiny of pricing practices illustrates how investigations can develop across party and committee lines.
In March 2026, House Oversight and Government Reform Committee Chairman James Comer launched an inquiry into the use of AI and consumer data to establish individualized prices. In September, he continued that investigation by requesting a staff-level briefing from the Federal Trade Commission regarding its proposed policy statement on personalized pricing.
Ranking Member Robert Garcia and committee Democrats sent a number of separate requests to companies seeking answers about pricing practices, and they were not the only Democrats to do so. House Energy and Commerce Committee Ranking Member Frank Pallone initiated an inquiry in May into the pricing practices of 25 major corporations and subsequently expanded his requests to major airlines in August.
Concerns about individualized pricing also extended beyond standing committees. In June, the co-chairs of the congressional Monopoly Busters Caucus sent a letter to rideshare companies inquiring about their pricing practices.
These parallel efforts illustrate how lawmakers with different investigative authorities can pursue overlapping questions about corporate conduct. They also underscore why businesses should evaluate congressional exposure based on more than whether a formal subpoena has been issued.
Looking ahead, House Democrats have also publicly identified potential oversight priorities that could receive increased scrutiny if control of the House changes. In addition to corporate pricing practices, areas of interest include prescription drug pricing, housing costs, and the practices of major technology companies. Other issues, including labor practices, tariffs, and supply chains, could similarly attract additional attention as congressional priorities evolve.
Although the scope and direction of future investigations will depend on committee leadership and jurisdiction, companies should consider how existing inquiries and information requests could provide a foundation for expanded congressional oversight.
WHAT COMPANIES SHOULD BE DOING NOW
The weeks before the elections provide an opportunity to assess potential investigative exposure before new committee leadership and priorities take shape. Companies should consider the following:
- Reexamining existing congressional inquiries: Review prior letters, responses, testimony, and outstanding requests, particularly those initiated by ranking members or other minority-party lawmakers.
- Tracking potential leadership changes: Identify committees and subcommittees with jurisdiction over the business, lawmakers who have demonstrated interest in relevant issues, and how changes in leadership could affect existing investigations.
- Understanding the existing record: Consider how prior disclosures, internal documents, and public statements could be interpreted or used in a broader investigation. What appears straightforward in a business context may be viewed differently in a congressional hearing.
- Preparing a coordinated response: Congressional inquiries can move quickly and create legal, business, and reputational consequences well before any finding of wrongdoing. An effective strategy requires coordination across legal, government relations, communications, and business leadership.
The most effective time to assess congressional investigation risk is before a committee's deadline begins to run.
HOW WE CAN HELP
Morgan Lewis is closely tracking the midterm elections, potential changes in congressional leadership, and ongoing inquiries that could gain momentum in the next Congress. Our bipartisan congressional investigations team draws on extensive government and investigations experience to help companies anticipate scrutiny, respond strategically to congressional requests and subpoenas, prepare executives for testimony, and manage the legal and reputational challenges of high-profile investigations.
As the next Congress takes shape, we will continue helping clients assess emerging risks and navigate the evolving congressional oversight landscape.
