Features
AI-Related Securities Class Actions On the Rise
Understanding the types of challenges shareholders are bringing against AI-affiliated companies is critical to effectively evaluating proposed disclosures and addressing potential areas of exposure.
Features
Shift In Foreign Corruption Policy Could Amplify Risk of Extortion for Global Businesses
The Trump administration’s shift in enforcement policy away from foreign corruption and towards the fight against Transnational Criminal Organizations (TCOs) such as drug cartels, may reduce the immediate risk to global businesses of an FCPA prosecution based on alleged extortion payments. However, the same shift raises new threats to those businesses under statutes that prohibit engagement of any kind with terrorist organizations, do not recognize an extortion defense, and may give rise to civil as well as criminal liability.
Features
What the Future Holds for the False Claims Act
What does the second Trump administration augur for the False Claims Act? The question remains how, not if, the Trump DOJ will change DOJ’s enforcement policies, whether they will maintain current enforcement policies, and what the impact will be, especially for the FCA.
Features
Second Circuit Expands DOJ Power In Anti-Kickback Statute
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.
Features
The Future of the SEC Whistleblower Program Under Trump 2.0
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.
Features
EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech
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.
Features
FOIA In 2025: Beat the Backlog and Avoid Lawsuits
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.
Features
Planning for the Regulation and Enforcement of Privacy, Cybersecurity, and Advanced Technologies In 2025
While change is a constant in the privacy, security and technology arena, 2025 is poised to be a landmark year. New technologies will continue to radiate through the economy — and our lives — while the new Trump Administration is likely to emphasize innovation over protection, reward maximization over risk minimization, and incentivizing over enforcing.
Features
Have Corporate DPAs Become Less Certain and Beneficial After Boeing?
Corporate deferred prosecution agreements (DPAs) have become a key part of white-collar criminal enforcement. Once seen as an efficient and definite way to resolve an investigation, have corporate DPAs become less certain and beneficial over time?
Features
Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny
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.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Supreme Court Asked to Assess Per Se Rule Tension in Criminal AntitrustIn recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
