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New and Conflicting Regulations, Not Tariffs, Are Top Concern for Compliance Pros
As regulatory shifts grow more unpredictable, corporate legal departments are stepping up their role in risk management — even as many feel they’re navigating in the dark. Their top concern? A surge in new — and often conflicting — regulations spanning everything from consumer privacy and AI governance to tax and trade.
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Insider Traders May Be Subject to Shareholder Actions to Recover Short-Term Profits
During times of increased market volatility, opportunities for short-term profit-taking become more prevalent. However, corporate insiders who trade in their company’s stock in such an environment may be subject to shareholder actions aimed at recovering any short-term profits they earn.
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Foreigners Can Use Trump’s Policies As Defense to Extradition
One defense that foreign courts have given substantial weight when evaluating a request for extradition to the United States is the risk of inhumane or unfair treatment, including the denial of substantive or procedural rights, as well as the conditions and length of punishment an extradited person faces if convicted. The administration’s resistance to complying with federal court orders taking the contrary view may provide further support.
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Breaking Down DOJ’s New FCPA Enforcement Guidelines
On June 9, the DOJ released its Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act, ending a months-long pause on FCPA enforcement and outlining DOJ’s go-forward criteria for evaluating whether to bring FCPA actions. Here’s a breakdown of the key themes in the guidelines.
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High Court Expands the Reach of the Wire Fraud Statute (Part III)
On May 22, 2025, the Supreme Court endorsed the “fraudulent inducement” theory of wire fraud in Kousisis v. United States, departing from its recent trend of narrowing the scope of broadly worded criminal statutes, including the wire fraud statute. This decision appears to allow the government to obtain a conviction even where the defendant did not intend to cause economic harm to their counterparty, so long as the defendant made material false statements in order to obtain property from another.
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Theranos Whistleblower Tyler Shultz: A Tale of Courage and Ethical Duty
In the annals of corporate fraud, few stories resonate as powerfully as that of Theranos, the Silicon Valley biotech startup that promised to revolutionize blood testing but collapsed under the weight of its own deception. At the heart of this saga is Tyler Shultz, a young whistleblower. This article recounts Tyler’s extraordinary journey and invites legal professionals to explore its lessons through our CLE program, which bridges his real-world experience with the ethical obligations enshrined in the Rules of Professional Conduct.
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Reading the Tea Leaves: Jury Awards $2+ Million for Bigelow’s “Manufactured in the USA 100%” Label
On April 8, 2025, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
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Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading”
This article describes the prosecution in Thompson, then turns to the Supreme Court’s rejection of the government’s contention that 18 U.S.C. §1014 criminalizes misleading as well as false statements.
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DOJ Shifts White-Collar Crime Enforcement Strategies
The DOJ announced on May 12, 2025, a strategy shift in its approach to white collar enforcement, identifying specific high-impact areas of focus; an expansion of whistleblower and self-disclosure incentives; and a narrowed use of corporate monitorships. These strategic shifts present significant opportunities for companies and individuals currently facing government investigations, particularly where those investigations no longer align with DOJ priorities.
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Is Cryptocurrency Enforcement Dead? SEC Dismisses Another Crypto Action
The SEC’s move is the agency’s latest withdrawal from a series of over a dozen investigations and legal actions against other entities in the digital asset space, including exchanges like Coinbase and Kraken.
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