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Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase of almost 40% in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender: more focus on prosecuting individuals instead of entities and more emphasis on drug, violence, and immigration offense rather than business crimes. In a couple of areas where there may be increased business crime enforcement activity reflected in some of the aggregate numbers — Foreign Corrupt Practices Act (FCPA) and crypto currency — the actual cases nonetheless reflect the administration’s reordered priorities. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.
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By James D. Gatta, Allan J. Medina and Ian Q. Rogers
The DOJ is likely to face many practical challenges and novel issues as it begins coding its own algorithm for AI-related enforcement. This article briefly examines three areas of AI-related enforcement where such practical challenges and novel issues may arise.
By Karen Hoffman Lent and Kenneth Schwartz
From loosened structural presumptions to unconventional theories of harm such as “ecosystem competition” to consideration of a merger’s effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
By Elkan Abramowitz and Jonathan Sack
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes “gratuities,” and not simply “bribes,” given to state and local officials.
By Jay Dubow, Joanna Cline and Milica Krnjaja
The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC’s enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.