A functioning enforcement environment must prevent fraud without unduly hindering good business. While the future of FCA enforcement unfolds, all companies can proactively limit their risk by continuing to maintain robust compliance programs to detect and prevent misconduct.
Phillips is another in a line of decisions that expansively permit U.S. prosecutions for conduct taking place overseas, while paying little heed to the extra hardships imposed on defendants forced to defend themselves in a foreign courtroom.
A powerful incentive to rat out corporate misconduct waned in the latest fiscal year, as payouts under the U.S. Securities and Exchange Commission’s Whistleblower Program fell to their lowest level in six years, a Law.com analysis found.
While whole swaths of white collar defense work are drying up under the Trump administration, law firms are redeploying or refocusing these attorneys to matters with rising demand, such as compliance counseling and civil litigation.
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.
The federal judiciary’s electronic case management system, known as CM/ECF, was hacked in large-scale cyberattacks this summer. Although court officials are mum on the possible perpetrators, news reports have said investigators suspect that the hacking could possibly have been perpetrated by Russian state-linked actors. The far-reaching breach has exposed the identities of cooperating witnesses and victims.
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.
U.S. companies face a massive wave of wiretapping law class action lawsuits and regulatory enforcement actions over online “tracking technologies.” With this backdrop, the article below identifies some trends and new directions concerning tracking technology legal exposure and highlights some potential solutions for mitigating legal impact.
'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.
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.
