This article discusses two recent U.S. Supreme Court decisions that suggest courts may be seeking to rein in the use of these financial tools of criminal and civil enforcement.
March 31, 2026Elkan Abramowitz and Jonathan Sack
Every decision to onboard a client, partner, lateral hire, contractor, consultant or expert witness carries risk. Yet despite the increasing complexity of that risk, many firms continue to rely on onboarding practices that have not kept pace with the digital world in which their clients and people operate. The result is a widening gap between how risk actually manifests today and how it is assessed at the point of onboarding.
March 31, 2026Matt WinlawThe Department of Justice’s Antitrust Division has moved at warp speed to deploy its first-ever whistleblower rewards program, marking a significant evolution in the division’s longstanding efforts to detect and prosecute criminal cartel conduct.
March 31, 2026Carl W. Hittinger and Devin L. ReddingCompanies and individuals prosecuted for tariff-related offenses are often surprised. In addition to the overall complexity of the regulatory framework, the ambiguity of tariff regulations frequently creates confusion about how to comply. The same confusion that leads to charges of non-compliance, however, can also be the source of an effective defense to those charges. This article examines potential defenses in tariff evasion and non-compliance prosecutions and offers practical guidance for counsel preparing to litigate them.
March 31, 2026Anthony Pacheco and M. Anthony BrownThe U.S. Department of Justice’s new corporate enforcement guidelines released in March give companies a clearer idea of how federal prosecutors will handle cases in which companies self-report misconduct, white-collar defense attorneys said.
March 31, 2026Dan NovakGlobal Enforcement Report: Companies to Face More Aggressive Bribery and Corporate Fraud Enforcement
Companies will face more aggressive bribery and corporate fraud enforcement this year, according to a new report, which urges C-suites to mitigate risk by swiftly self-reporting potential wrongdoing and launching remediation efforts.
March 31, 2026Michael GennaroWhile antitrust law around algorithmic pricing is still developing, these decisions and settlements offer some key lessons and suggested guideposts for assessing the risks associated with the sale or use of algorithmic pricing software. Key takeaways follow.
March 01, 2026Parker Miller and Alexis GilmanWhen a corporate officer seeks to defend criminal charges based on his or her reliance on the corporation’s counsel, complex legal issues tend to arise for the company and the courts.
March 01, 2026Robert J. Anello and Richard F. AlbertThis Administration’s charging policy requires prosecutors to charge the most serious, readily provable offense. A resurgent Section 225 will often be the most serious offense available in major fraud cases.
March 01, 2026Andrew Rohrbach and Tanner LockheadThe Commodity Futures Trading Commission (CTFC) is preparing to enter the legal fray regarding prediction markets after sitting out dozens of federal lawsuits over whether the industry’s platforms are distinct from sports betting. The commission plans to argue that it has sole jurisdiction over prediction markets.
March 01, 2026Dan Novak
