10/27/2026 | Press release | Distributed by Public on 10/28/2026 07:47
October 27, 2026
Edward O'Callaghan, chair of Cahill's Congressional Investigations practice and co-chair of the White Collar Defense & Investigations practice, was prominently quoted in The American Lawyer's Litigation Daily article, "In Congressional Investigations, the Game is Played in the Hearing Room, But the Score is Kept Outside." The article examines how congressional investigations can have far-reaching consequences beyond Capitol Hill, including potential civil litigation, regulatory scrutiny, criminal investigations and reputational risks. It highlights the importance of a coordinated, multidisciplinary approach to managing congressional inquiries, emphasizing strategic cooperation, careful handling of documents and testimony, and proactive consideration of potential downstream legal and business implications.
Throughout the article, Ed provides insights into how congressional hearings can have significant consequences beyond "the hearing itself," including increased scrutiny from enforcement agencies and potential threats of criminal referrals to the Department of Justice (DOJ). He emphasizes that materials produced to Congress may become public and that documents or testimony emerging from congressional investigations can be considered "fair game" by prosecutors, potentially serving "as a roadmap" for further investigations.
To navigate these risks, Ed advocates for an approach centered on "productive cooperation," including working with congressional staff to appropriately narrow document requests, ensuring witnesses remain within their personal knowledge when testifying and recognizing how congressional scrutiny may lead to additional legal, regulatory and reputational exposure.
Read the Litigation Daily article here.
This topic was examined in Cahill's Congressional Investigations Playbook and its accompanying social media post.