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Connecting the Dots: From Custodian Interview to the Review Platform
December 11, 2025 | 12:00 PM – 1:00 PM ET
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From compliance to the courtroom, we have you covered.
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Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.
Articles + Publications November 1, 2022
Republicans are trying to win back control of Congress in November. Democrats narrowly control the House (220-212) and Senate (50-50) but are facing strong headwinds. Coupled with President Biden’s relatively low approval rating (42.3%), Republicans are widely expected to win the majority in the House. The path to the Senate majority is less clear. Although Democrats have been slightly favored to retain control for the past few months, polling is trending more favorably to the GOP in the Senate.
Historical Perspective: The party controlling the White House usually loses seats during midterm elections. According to data compiled by the American Presidency Project at UC Santa Barbara, “in the 22 midterm elections from 1934 -2018, the president’s party averaged a loss of 28 House seats and four Senate seats. The president’s party gained seats in the House only three times but gained seats in the Senate on six occasions. The president’s party has gained seats in both houses only twice.”
Key Factors:
1. Voter turnout tends to be lower in midterm election years than in presidential election years. Traditional thinking says lower voter turnout favors Republicans.
2. The record voter turnout we saw in the 2020 presidential election may carry over into a higher-than-average turnout for the 2022 midterm. More than 122 million people voted in 2018 midterm elections, and more than 159 million people voted in the 2020 presidential election.
3. The Supreme Court’s Dobbs v. Jackson decision may boost Democratic turnout across the country. In the five House special elections held since the Dobbs decision, Democrats have outperformed the district’s baseline partisanship.
4. Redistricting shifted the partisan lean of many districts. Districts that once heavily favored Republicans may now be more competitive or favor Democrats, and vice versa.
Democrats’ National Message: Democrats are focused on protecting reproductive rights, preventing a federal abortion ban, and are attacking Republicans for supporting the Supreme Court’s Dobbs decision. Democrats are also going after Republicans who denied the 2020 presidential election results or supported those who attacked the U.S. Capitol building on January 6, 2021. In the closing weeks before the election, Democrats have shifted from attacking Republicans to touting their economic and health care achievements, such as their efforts to lower prescription drugs through the Inflation Reduction Act. View abortion ads in the OH-1 and the VA-7 races and an election denying ad in the NV Senate race.
Republicans’ National Message: Republicans are hammering President Biden and congressional Democrats over wasteful government spending, historic levels of inflation, high energy and consumer prices, and a looming economic recession. Crime, immigration, and border security have also been significant talking points in political ads across the country. View an ad on crime in the OH-1 race, ads on inflation in the WI Senate and VA-2 races, and an immigration ad in the FL Senate race.
Overview: Republicans need only a net gain of five seats to reach the required 218 seats for the majority. Republicans are widely expected to gain anywhere between 10 to 25 seats. Currently, Democrats have 220 seats in the House, and Republicans have 212. There are also three vacant seats — one previously held by a Republican and two held by Democrats. Additionally, a total of 66 current members are either retiring or seeking other offices, leaving seats open without an incumbent candidate.
Historical Perspective: The last time a president’s party gained seats in the House from the midterm elections was in 2002 when Republicans gained a net of eight seats in the wake of the September 11 attacks. Prior to that, Democrats gained five seats in 1998 under President Clinton.
How Democrats Can Maintain Control: House Democrats need to sustain — and improve on — their better-than-expected results in special elections in Alaska, Minnesota, Nebraska, and New York since the Dobbs decision. Democrats can accomplish this by keeping enthusiasm high, pushing early voting, and driving voter turnout. Although it’s unlikely that Democrats maintain control of the House, they may be able to mitigate losses.
How Republicans Can Win: Earlier this year, many pundits predicted a red wave this midterm. Although this expectation has ebbed and flowed, Republicans are still widely expected to win control of the House, barring any late surprises. Republican candidates need strong performances in districts where Democrats flipped seats away in 2018 and 2020 running against then-President Trump. States where Republicans hope to make new gains are Maine, Michigan, New York, Nevada, Pennsylvania, Rhode Island, and Virginia.
Key Races to Watch: According to the House race ratings by the Cook Political Report as of October 25, Democrats control 23 of the seats rated as toss-ups compared to just 10 held by Republicans. As the chart below indicates, several seats currently held by Democrats are rated lean or likely Republican, compared to just two Republican-held seats in the lean Democrat category. This is a challenging political landscape for Democrats to defend.

The Cook Political Report: https://www.cookpolitical.com/ratings/house-race-ratings
Overview: Republicans need a net gain of only one seat to win control of the Senate. If the Senate remains 50-50, as it currently stands, Vice President Harris will give Democrats the majority by casting a tie-breaking vote. Thirty-five of the 100 Senate seats are up for election in November, with Republicans currently holding 21 of those seats compared to 14 for Democrats. Additionally, six sitting Republican senators are retiring compared to only one Democrat.
Historical Perspective: The last time a president’s party gained seats in the Senate from the midterm election was in 2018 when Republicans were in the majority and gained two seats, mostly due to Democrats controlling most of the seats (26 of the 33) that were up for reelection. Prior to that, Republicans gained two Senate seats in 2002 under President Bush.
How Democrats Can Maintain Control: Democrats must protect incumbents in Arizona, Georgia, and Nevada, while also looking to pick up an extra seat in Ohio, Pennsylvania, or North Carolina. Flipping one Republican-held seat can either pad their majority or protect the majority if a Democratic incumbent loses.
How Republicans Can Win: Republicans are targeting the Arizona and Georgia seats — two seats flipped by Democrats in 2020 in traditionally Republican-leaning states — as two of their best options for winning the majority. Nevada could also be a key pickup, while maintaining their seat in Pennsylvania is crucial.
Key Races to Watch: Control of the Senate will be determined by the winners of these races (incumbents are italicized).
Arizona – Senator Mark Kelly (D) Blake Masters (R)
Georgia – Senator Raphael Warnock (D) Herschel Walker (R)
Nevada – Senator Catherine Cortez Masto (D) Adam Laxalt (R)
North Carolina – Rep. Ted Budd (R) vs. Cheri Beasley (D)
Ohio – Rep. Tim Ryan (D) vs. JD Vance (R)
Pennsylvania – LT Governor John Fetterman (D) vs. Dr. Mehmet Oz (R)
Wisconsin – Senator Ron Johnson (R) LT Governor Mandela Barnes (D)

Speaking Engagements
Connecting the Dots: From Custodian Interview to the Review Platform
December 11, 2025 | 12:00 PM – 1:00 PM ET
Firm Events
Artificial Intelligence Legal Update: Bringing Order to the Chaos
December 10, 2025 | 12:00 PM – 1:00 PM ET
ON24
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Navigating the Current Distressed CMBS Market: Strategies for Lenders; Opportunities and Challenges
December 9, 2025 | 1:00 PM – 2:30 PM ET
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Speaking Engagements
CompensationStandards.com Webcast – Equity Award Approvals: From Governance to Disclosure
December 3, 2025 | 2:00 PM – 3:00 PM ET
Virtual
Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.