2024 M&A and Debt Market Trends in the Technology Industry

This presentation will highlight recent trends in mergers and acquisitions (M&A) and debt markets for technology businesses, including generative artificial intelligence (AI) in M&A, antitrust, national security, representations and warranties (R&W) claims, shareholder activism, and economic and covenant trends in debt financings.

Key Takeaways

What Is a Congressional Investigation?

While congressional authority may at times be questioned when a company, tech startup, or executive is served with a congressional request or subpoena, the answer to the question “Are they allowed to ask for this?” is unequivocally “Yes.”

US Congress’s power to investigate is implied in Article I of the Constitution, and the US Supreme Court has affirmed Congress’s authority to investigate, hold hearings, and demand documents and testimony.

It is important for companies to seek out counsel when they receive such an inquiry to ensure that they are fully aware of any legal risks, including those collateral to the congressional investigative process—including criminal, civil, and administrative enforcement.

With Democrats controlling the executive branch and the US Senate and Republicans controlling the US House of Representatives, there have been deep divisions in the US government over issues impacting the technology industry.

Congress is spending less time legislating and more time investigating. Many of the investigations are aimed at specific companies operating in the technology space, with a recent trend of those companies being called out by name in the title of the congressional hearings.

Trends in Congressional Attention on Tech Industry

• Artificial Intelligence (AI)
• Data Security and Privacy
• US-China Competition
  • US investment in Chinese technology companies
  • Electric vehicles and battery technology
  • Biotechnology and biomanufacturing
  • Human rights violations

Looking Ahead

Congress will remain focused on AI, employment and workplace-related issues, financial services products, consumer privacy, data, and other issues related to how companies use AI and the products offered to consumers. Companies that have operations, customers, or suppliers that involve any of the above categories should be prepared for the possibility of a direct congressional inquiry or congressional investigations.

How to Respond to a Congressional Investigation

There are practical considerations that should be considered when responding to a congressional investigation, falling into three categories: cooperation, coordination, and preparation. While the initial reaction to a congressional investigation may be to fight—or even stonewall a response—there are legal, political, and reputational consequences to be considered.