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A recent address by Deputy Attorney General Lisa Monaco, along with recent pronouncements by the leadership of the Securities and Exchange Commission (SEC), confirm that the Biden Administration wants to portend a return to tougher corporate enforcement. By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.
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Pitfalls of the Attorney-Client Privilege
By Jonathan S. Feld and Lisa M. Burnett
The attorney-client privilege is a critical component in the legal process but its protection is constantly being challenged in complicated corporate investigations. There are measures that attorneys should, where possible, take steps to mitigate the risk of losing the privilege.
The Selective Prosecution Defense
By Evan T. Barr
This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.
FTC Looks to Focus On Data Privacy and Competition
By Isha Marathe
The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance “crackdown.”
Former SEC Lawyers Dominate Payouts Under Agency’s Whistleblower Program, Study Finds
By Andrew Goudsward
The U.S. Securities and Exchange Commission’s widely hailed whistleblower program has paid millions in recent years to former SEC lawyers who have come to dominate the market for representing tipsters seeking payouts through the program, a new study found.
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