Kristina Moore in Corporate Counsel: Why Corporate Executives Should Prepare for Congressional Investigations

Womble Bond Dickinson Partner Kristina Moore has written a new article for Corporate Counsel magazine titled, “Why Corporate Executives Should Prepare for Congressional Investigations and Understand Recent Precedent”. 

If Democrats regain control of one or both chambers of Congress after the 2026 midterm elections, investigations into alleged corruption, donor access, regulatory favoritism and presidential decision-making are likely to become a central feature of congressional oversight and investigations.

Investigations will target both government actions, as well as companies, executives, consultants, investors and industry leaders who communicated directly with the president or senior White House advisers. They may be witnesses to alleged corruption, or the target of investigations themselves.

Against this backdrop, the Department of Justice Office of Legal Counsel's August 2026 opinion on executive privilege deserves close attention. The opinion concludes that communications involving private advisers may be protected by executive privilege, expanding the communications the White House may seek to shield from congressional scrutiny.

The opinion arrives at a consequential moment. President Donald Trump has publicly emphasized his central role in administration decision-making throughout his second term. If congressional investigators examine who influenced presidential decisions and how those decisions were made, communications involving private advisers could become crucial evidence.

Click here to read the full article in Corporate Counsel (subscription required).