Features
DOJ and SEC Cross-Border Priorities Require Increased Vigilance for Multinational Organizations and Their Advisors
Both federal agencies are aligning their enforcement priorities with the Administration’s foreign policy goals, signaling heightened scrutiny of cross-border misconduct and increased compliance expectations for multinational organizations and their auditors and advisers.
Features
The Criminal Tariff Enforcement Wave Is Coming
Companies should mark their calendars now — expect criminal tariff evasion cases in 2026.
Features
The FCA As a Policy Instrument
Over the past year, the current administration has redefined the False Claims Act from a traditional anti-fraud statute into a highly flexible policy instrument to enforce its core agenda priorities.
Features
Expansion of French Parliamentary Inquiries Increases Likelihood that U.S Companies Will Face Investigations
The expansion of French parliamentary inquiries, coupled with a persistent climate of suspicion toward U.S. corporate influence, significantly increases the likelihood that international — especially American — companies will face targeted investigations.
Features
Recent Supreme Court and Second Circuit Decisions Have Reshaped Wire Fraud and Honest-Services Fraud Law
The limits on wire fraud prosecutions are continuing to evolve, with courts pushing back on further narrowing the scope of the wire fraud statute post-Ciminelli and Percoco.
Features
Legal Experts Say Federal Enforcement of White-Collar Crime Laws Has Significantly Receded Under the Trump Administration
Federal enforcement of laws against white-collar crime has significantly receded under the Trump administration, with regulators and prosecutors pulling back from the front-end rules meant to stop money laundering and foreign bribery before it occurs, according to legal experts.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- China Finalizes New Regulations to Relax Personal Data Exports from ChinaNearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.Read More ›
- 10 Steps Legal Departments Should Be Taking to Prepare for the SEC's Newly Adopted Cybersecurity Risk Governance Rule for Public CompaniesBy readying your company's cybersecurity program now to comply with the SEC's cyber rules, you will also arm your company with a better defense against cyberthreat actors, reduce the reputational harm that comes along with a cybersecurity incident and increase investor confidence in the company's cybersecurity program.Read More ›
