During the 118th and 119th Congresses, colleges and universities faced unprecedented congressional oversight, including document demands, subpoenas, transcribed interviews, hearings with sitting presidents, and staff reports naming institutions, on issues ranging from antisemitism and civil rights to foreign funding, admissions, tax-exempt status, and research security. Regardless of the outcome of the upcoming midterm elections—including and perhaps especially if they result in Democratic control of one or both chambers of Congress—institutions should prepare for potential investigations focused on the priorities of this new leadership.
Join attorneys in Foley Hoag’s Education and Government and Congressional Investigations practices for a discussion on how colleges and universities can anticipate, prepare for, and respond to congressional inquiries in the 120th Congress. Our panel will cover:
- What the election results mean for oversight: how shifts in committee control may change investigative priorities and targets
- Anatomy of a congressional investigation: letters, subpoenas, transcribed interviews, hearings, working with committee staff and staff reports, and how they differ from litigation and other government investigations and inquiries
- Building a response plan now: mapping facts and risks under privilege, understanding where relevant records are kept (including FERPA considerations), assembling a response team, and coordinating legal, communications, and government relations strategy
- Navigating multi-sided risk: understanding that settlements with the Administration may now be scrutinized by congressional committees, which are likely to seek communications between institutions and the Administration, and maintaining consistent policy positions
- Parallel exposure: how document productions in response to congressional investigations can spill over to litigation, agency investigations, state attorneys general, and the press, and how executive-branch tools such as the False Claims Act, EEOC subpoenas, and financial aid pressure persist regardless of the midterm election
Who should attend: Presidents, general counsel, trustees, compliance officers, and communications and government relations leaders at colleges and universities.
Speakers:
- Emily Nash - Partner, Co-Chair, Education Industry Group
- Madeleine Rodriguez - Partner, Co-Chair, Education Industry Group
- Adam Safwat - Partner, Co-Chair, White Collar Crime & Government Investigations Practice
- Matthew Miller - Partner
CLE credit for this course is available in New York and California. This program is offering 1.0 Areas of Professional Practice CLE credit in NY, and 1.0 General CLE credit in CA. The program is appropriate for both newly admitted attorneys and experienced attorneys. Please contact us for details.
