Impact and Cost of the ‘Overcriminalization’ of Individuals
September 30, 2025
The financial and human cost on individuals of arguable “overcriminalization” is enormous, and defense counsel certainly wonder whether that damage can be justified in light of the ultimate legal outcomes of the white-collar dramas we witness.
Keeping Up With Shifting SEC Priorities
September 30, 2025
The best advice for SEC trend watchers might be summarized using the golf interjection, “fore!” The developments are happening so rapidly, one of the best things to do is to be aware that these shifts are incoming and stay alert to the changes.
UK’s ‘Failure to Prevent Fraud’ Offence Takes Effect
August 31, 2025
On Sept. 1, 2025, the UK’s new ‘Failure to Prevent Fraud’, introduced by the Economic Crime and Corporate Transparency Act (ECCTA), takes effect, representing a decisive shift in corporate criminal liability. For legal and compliance teams, the challenge is moving from reactive response to proactive prevention, backed by demonstrable procedures.
FTC’s ‘Click-to-Cancel’ Rule Blocked But Experts Say to Comply Anyway
August 31, 2025
Subscription businesses may have breathed a sigh of relief when a federal appeals court blocked the Federal Trade Commission’s “click-to-cancel” rule in July, but legal experts say they should scale back their compliance efforts only modestly, or perhaps not at all.
‘Confidential Witnesses’ Under the Private Securities Litigation Reform Act
August 31, 2025
'Confidential witnesses' can offer plaintiffs a strategic advantage in the early stages of a securities fraud case. Courts must accept well-pleaded allegations at the motion to dismiss stage, even if they are anonymous. A critical task for any court reviewing a complaint with confidential witness allegations is to scrutinize the reliability of these claims.
SEC’s Cybersecurity Unit to Focus on ‘AI Washing’
August 31, 2025
The SEC recently created the Cybersecurity & Emerging Technologies Unit, which is responsible for rooting out fraud schemes related to AI, including fake social media sites, and blockchain and crypto fraud. As a result, SEC whistleblowers will have an opportunity to play a key role in providing the SEC original information leading to investigations and prosecutions of AI cases, commonly known as “AI washing.”
Navigating DOJ’s New White-Collar Playbook
July 31, 2025
Key Risks for Government Contractors, Tech Companies and Healthcare EntitiesThe DOJ recently unveiled a series of policy updates that shifted the white-collar enforcement landscape. These updates — an emphasis on the False Claims Act, a shift away from the Foreign Corrupt Practices Act, and increased incentives for self-disclosure and whistleblowers — are poised to reshape how companies approach compliance.
New Whistleblower Rewards Program Includes Monetary Incentive
July 31, 2025
On July 8, 2025, the DOJ, the U.S. Postal Service (USPS) and the USPS Office of Inspector General entered into a memorandum of understanding creating a whistleblower rewards program “to enable whistleblowers to report specific, credible and timely information about possible federal criminal violations.” The first of its kind, it creates a monetary incentive for whistleblowers to report criminal antitrust violations involving such conduct as price fixing, bid rigging, market allocation and even certain types of predatory conduct by monopolists.
