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Until recently, the Foreign Agents Registration Act (FARA or the Act) was a curious historical and legal artifact with little contemporary relevance. Passed in 1938 in order to prevent a “fifth column” of Nazi supporters from secretly advocating on behalf of Hitler’s Germany, Congress enacted FARA in order to require “agents of foreign principals who might engage in subversive acts or spreading foreign propaganda” to register with the Department of Justice. Viereck v. United States, 318 U.S. 236, 241 (1943). For decades, the statute laid dormant, with only seven criminal FARA cases initiated between 1966 and 2015. See, Office of the Inspector General, Department of Justice, Audit Division 16-24, Audit of the National Security Division’s enforcement and Administration of the Foreign Agents Registration Act, at 8 (September 2016). In recent years, however, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
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Using Artificial Intelligence In White-Collar Matters
By Robert G. Heim
AI currently is playing a growing role in helping white-collar lawyers and their clients analyze vast amounts of data to uncover insights, connections, and patterns that would be impossible to detect through manual reviews. This article provides an introduction to AI technology and discusses the key regulatory developments practitioners should be aware of as they advise their clients on AI.
Waiver of Corporate Privilege By An Individual Defendant
By Benjamin Rosenberg
Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer’s privilege over the objection of the employer, and if so under what circumstances?
White-Collar Enforcement Under the Biden Administration
By Nate Robson
After much saber-rattling, the Biden administration’s focus on white-collar corporate compliance is finally coming into focus. Law firms and white-collar compliance experts have long warned the administration’s ramped-up focus was coming, but the pandemic largely nixed any initiatives. A spate of recent settlements coupled with the addition of a new white-collar leader at the U.S. Department of Justice is giving the public a look into what compliance will look like under Biden.
Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape
By Jessica Mach
Employment attorneys say the breadth of new state laws — and the pace at which they are going into effect — means in-house counsel at companies trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion services will need to be on high alert, since keeping up on top of the laws will be key to limiting their exposure to litigation — or even criminal penalties.
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