Rachel Cotton Talks Congressional Investigation Risks in Law360

Arnold & Porter White Collar Defense & Investigations partner Rachel Cotton was quoted in the recent Law360 article, "Congressional Probes Raise Legal, 'Reputational' Risks," which examined the challenges companies and executives could face from congressional investigations.

Rachel explained that companies facing congressional scrutiny often focus on the threat of a criminal contempt prosecution, but that reputational risk can also prove consequential. "Congress' most practical weapons have always been leverage and attempts at reputational damage, rather than just the threat of contempt," she said.

Rachel also touched on broader dynamics around the likely congressional scrutiny of private companies if the Democrats win control of the House in the midterm elections. "The [congressional] committees can investigate around an uncooperative White House by going after the more traditionally nonpartisan actors like corporations, contractors, banks and other private parties whose incentives to comply include, but are certainly not limited to, criminal prosecution," Cotton said.

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