Boards are increasingly preparing for the possibility of heightened congressional scrutiny as the 2026 midterm elections approach, with investigations expected to focus on issues ranging from government dealings and affordability concerns to AI, data centers and other emerging technologies.
Bracewell’s Tom Moyer told Agenda that congressional oversight activity is already accelerating ahead of the election. “We’re already seeing an uptick in letters going out. It is always the case that oversight and investigations, from a messaging perspective, can drive political messages in the run-up to an election, and that’s certainly what we’re seeing now.”
Moyer added that the midterm elections are not the only time boards should be mindful of attracting congressional scrutiny.
“As a best practice, particularly for boards of companies operating in heavily regulated industries or heavily visible industries, it is useful to consider this on a more rolling basis,” he said.