Regulation

This Administration’s charging policy requires prosecutors to charge the most serious, readily provable offense. A resurgent Section 225 will often be the most serious offense available in major fraud cases.

The Commodity Futures Trading Commission (CTFC) is preparing to enter the legal fray regarding prediction markets after sitting out dozens of federal lawsuits over whether the industry’s platforms are distinct from sports betting. The commission plans to argue that it has sole jurisdiction over prediction markets.

The U.S. Department of Justice’s ability to zealously enforce federal antitrust law has deteriorated in the aftermath of several top departures at the DOJ’s Antitrust Division, according to legal observers.

Businesses subject to the CCPA now must conduct risk assessments for certain types of processing activities and, starting in 2028, must certify to California regulators that they completed the assessments.

During his speeches and testimonies before the Senate, SEC Chairman Paul Atkins has retreated from the expansive “regulation by enforcement” approach of former SEC Chairman Gary Gensler and clarified that “policymaking will be done through notice and comment rulemaking.”

The FTC’s decision to abandon the Rule does not mean non-compete agreements will escape scrutiny under the Trump Administration. The agency has indicated a willingness to look for broad industry-wide issues in non-compete agreements.

The Supreme Court has created a legal framework of Fourth Amendment rights at the border which distinguishes between “routine” and “non-routine” searches. The distinction creates uncertainty, espoecially when it comes to data on electronic devices.

The NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.