Features
DOJ and SEC Cross-Border Priorities Require Increased Vigilance for Multinational Organizations and Their Advisors
Both federal agencies are aligning their enforcement priorities with the Administration’s foreign policy goals, signaling heightened scrutiny of cross-border misconduct and increased compliance expectations for multinational organizations and their auditors and advisers.
Features
The Criminal Tariff Enforcement Wave Is Coming
Companies should mark their calendars now — expect criminal tariff evasion cases in 2026.
Features
The FCA As a Policy Instrument
Over the past year, the current administration has redefined the False Claims Act from a traditional anti-fraud statute into a highly flexible policy instrument to enforce its core agenda priorities.
Features
Expansion of French Parliamentary Inquiries Increases Likelihood that U.S Companies Will Face Investigations
The expansion of French parliamentary inquiries, coupled with a persistent climate of suspicion toward U.S. corporate influence, significantly increases the likelihood that international — especially American — companies will face targeted investigations.
Features
Recent Supreme Court and Second Circuit Decisions Have Reshaped Wire Fraud and Honest-Services Fraud Law
The limits on wire fraud prosecutions are continuing to evolve, with courts pushing back on further narrowing the scope of the wire fraud statute post-Ciminelli and Percoco.
Features
Legal Experts Say Federal Enforcement of White-Collar Crime Laws Has Significantly Receded Under the Trump Administration
Federal enforcement of laws against white-collar crime has significantly receded under the Trump administration, with regulators and prosecutors pulling back from the front-end rules meant to stop money laundering and foreign bribery before it occurs, according to legal experts.
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and DivorceMost divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
