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AI-Related Securities Class Actions On the Rise Image

AI-Related Securities Class Actions On the Rise

Courtney Quirós & Sierra Shear & Carissa Lavin

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 Image

Shift In Foreign Corruption Policy Could Amplify Risk of Extortion for Global Businesses

Howard Master & Alberto Orozco

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.

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What the Future Holds for the False Claims Act Image

What the Future Holds for the False Claims Act

Jonathan Feld & Monika Harris

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 Image

Second Circuit Expands DOJ Power In Anti-Kickback Statute

Robert J. Anello & Richard F. Albert & Emily Smit

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 Image

The Future of the SEC Whistleblower Program Under Trump 2.0

David Chase & Scott Silver

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 Image

EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech

Linda A. Thompson

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 Image

FOIA In 2025: Beat the Backlog and Avoid Lawsuits

Victoria Cash & Amy Hilbert

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 Image

Planning for the Regulation and Enforcement of Privacy, Cybersecurity, and Advanced Technologies In 2025

Michael Bahar & Pooja Kohli & Rachel May

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? Image

Have Corporate DPAs Become Less Certain and Beneficial After Boeing?

Elkan Abramowitz & Jonathan Sack

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 Image

Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny

Cara M. Peterman & Sierra Shear & Carissa Lavin

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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