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.
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.
Businesses across all sectors of the economy should be knowledgeable about how best to respond to a Congressional investigation, and ultimately, if the investigatory Committee is not satisfied with voluntary compliance efforts, the options available to them for objecting to a Congressional subpoena.
The written information security plan (WISP) is not just another compliance document, it's a practical roadmap that turns abstract data protection duties into concrete business practices.
A U.S. Securities and Exchange Commission decision to halt substantive review of public company requests to exclude certain shareholder proposals has investor groups concerned their voices will be diminished in U.S. corporate governance.
The Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency, in its proposed rule, said that the “broad nature” of BSA and anti-money laundering supervision creates “a risk that BS/AML focused supervisory actions could indirectly address reputation risk.”
The U.S. Court of Appeals for the Ninth Circuit pumped the brakes on a California law requiring the state’s biggest companies to disclose their climate change-related financial risks. The law, referred to by its legislative number, SB 261, was scheduled to take effect Jan. 1.
At this year’s Association of Corporate Counsel Annual Meeting in Philadelphia, a panel of experienced in-house counsel walked through the high-stakes realities of internal investigations. The panel stressed that investigations are less about checking boxes and more about protecting people, reputations and companies.
This year has seen a wave of proposed bills in state legislatures across the United States aimed at regulating foreign-influenced political activity at the state level. While stylized to mirror portions of the Foreign Agents Registration Act (FARA), in reality, many of these laws are broader than FARA and lack the core exemptions that companies may have grown accustomed to relying upon.
By aligning with the Supreme Court’s reasoning in Van Buren v. United States,the Third Circuit emphasizes that the CFAA should not serve as a catchall enforcement tool for employers. The decision draws a clear boundary between criminal conduct and employment disputes, reinforcing that the CFAA is not a backdoor mechanism for punishing employees.
