Second Circuit Expands DOJ Power In Anti-Kickback Statute
March 01, 2025
In recent years, the DOJ has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program. When coupled with the False Claims Act, the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.
The Future of the SEC Whistleblower Program Under Trump 2.0
March 01, 2025
The Trump administration will likely impact the SEC whistleblower program in terms of a change in its enforcement priorities, as well as the amounts of financial bounties paid, but will not, in our opinion, threaten its existence given bi-partisan support or alter its core functions.
Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach
March 01, 2025
Just weeks since the Trump administration took the reins, we can already see the broad outlines of a truly seismic change in the U.S. government’s approach to crypto — one that promises to create never before seen opportunities for crypto to expand its presence and achieve an unparalleled level of integration into the U.S. and global financial systems.
EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech
March 01, 2025
With tech giants’ influence on the White House on the rise, the likelihood of U.S. retaliation in response to enforcement of both longstanding EU antitrust rules and newer digital regulations has grown. At the same time, the EU’s own stated desire to cut red tape has raised existential questions about the future of the EU as a global regulatory superpower whose laws are emulated by nations and adhered to by companies around the world.
FOIA In 2025: Beat the Backlog and Avoid Lawsuits
February 01, 2025
The Freedom of Information Act (FOIA) stands at a critical juncture heading into 2025. Federal agencies are grappling with mounting backlogs, increasingly complex data landscapes, and rising cybersecurity threats. As a new administration takes office, the urgency to adopt innovative, effective solutions has never been greater.
Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny
February 01, 2025
Driven by promises of increased efficiency and innovation, companies spanning a wide variety of industries are rapidly adopting and investing in artificial intelligence (AI). The explosion of interest in AI has also spurred the attention of the SEC and private shareholder plaintiffs. Companies should continue to closely consider their public statements related to AI and implement appropriate precautions when discussing their AI initiatives.
Fifth Circuit Weighs In On Constitutionality of the Corporate Transparency Act
February 01, 2025
Events have moved swiftly and symptomatically lately in the Fifth Circuit. Long known as the circuit with the greatest skepticism of federal regulation of the economy, it turned its attention to the Corporate Transparency Act, which requires non-exempt companies to report the identity of their beneficial owners.
