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Prosecutors and federal agents are entrusted with broad and largely unchecked authority to conduct most aspects of their investigations. For example, they serve grand jury subpoenas that compel the production of evidence and witness testimony. They can conduct physical surveillance of subjects and even introduce undercover agents and confidential informants to them in order to build prosecutions. All of this can be done without any judicial approval. However, two of the most potent investigative tools that prosecutors and agents use to build their investigations — the search warrant and the Title III wiretap — do require judicial approval under the Fourth Amendment. As some commentators (including one of the authors of this article) have observed, search warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace. See, Robert H. Hotz, Jr. & Harry Sandick, “Search Warrants in White-Collar Crime Cases,” The Review of Securities and Commodities Regulation, Vol. 45 No. 12 (June 20, 2012).
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Leveraging Data and Deal Terms to Meet the Demands of the DOJ’s New M&A Safe Harbor
By Patrick T. Campbell, Jonathan B. New, James A. Sherer, and Lauren E. Sternbach
This article describes the DOJ’s new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ’s expectations.
AI Is Attracting Antitrust Regulatory Scrutiny
By Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
Are Law Firms Ready for the Corporate Transparency Act?
By Ross Aronowitz
With the beginning of a new year around the corner and the introduction of new compliance obligations under the Corporate Transparency Act (CTA), many law firms are scrambling to determine how they will assist clients who may be subject to these additional regulations.
The White House’s AI Executive Order Has Teeth, But Does It Bite?
By Cat Casey
Packing more tricks and treats than a suburban soccer mom, this sweeping order was ambitious, to say the least, artfully seeking to thread the needle and balance fear and desire when it comes to the AI renaissance sweeping the globe. And yet, hidden within the body of the order lay something that might make this sweeping and ambitious order flop.
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