Features

DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
DOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
Features

The State of Supreme Court Jurisprudence On Public Corruption
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Features

Defending Against Extradition to the United States
The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country's courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
Features

New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.
Features

Antitrust Enforcement Agencies Target AI Companies
U.S. antitrust enforcement agencies may file complaints against the biggest companies advancing artificial intelligence, legal experts said in reaction to news reports of a handshake agreement between the Department of Justice and Federal Trade Commission.
Features

LJN Quarterly Update: 2024 Q1
Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.
Features

Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor
We now have an opportunity to see whether the volume of campaign contribution bribery cases in the Second Circuit increases, and whether the government brings any cases that appear to infringe on the First Amendment interests of campaign contributors and candidates.
Features

Algorithms and Antitrust
The economic benefits realized from generative AI are nothing short of astounding. That is why it is so concerning that the DOJ, the FTC, and a small choir of members of Congress seem intent on regulating algorithms away from the economy on antitrust grounds.
Features

How Will Criminal Law Enforcement Be Able to Police the Improper Use of AI?
Given the DOJ's limited tools to prosecute AI crimes where no one intended for the AI to violate the law, effective compliance likely will be the best defense for companies to avoid criminal charges for AI-based crimes.
Features

What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director
Companies should be going above and beyond what's legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel
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