The National Law Journal: ‘I Don’t Want My Client to Be Blindsided’

March 18, 2019

During a House Financial Services Committee hearing, Representative Katie Porter (D-CA) utilized a company’s own legal filings in questioning an executive. This new pointed approach, stemming from Porter’s experience as a law school professor, challenges defense lawyers that specialize in congressional hearings to change their preparation strategies.

O’Melveny partner David Leviss, a former senior investigation counsel for the House Oversight and Government Reform Committee, notes that Porter’s “tactic is a new and particularly effective example of what has long been the risk for a corporate executive, the face of a company, testifying in Congress.” He continues, “Regardless of the subject matter of the hearing and the facts at hand, members of Congress will make you the face of the company and make you defend whatever statements or actions they can attribute to the company—fairly or unfairly.”