Key Takeaways:
- After a 5-month pause, OFAC recently announced four sanctions enforcement actions, making clear it is rigorously enforcing sanctions violations across a wide range of programs (including Russia, Iran,...more
7/10/2025
/ Corporate Counsel ,
Cuba ,
Economic Sanctions ,
Enforcement Actions ,
Iran ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
Settlement ,
Trump Administration ,
Venezuela
Pursuant to a newly effective U.S. Department of Justice (DOJ) regulation, the transfer and storage of certain sensitive U.S. government and personal data may be prohibited or restricted, depending on the intended recipient,...more
6/11/2025
/ Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Financial Services Industry ,
Life Sciences ,
National Security ,
New Regulations ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
Risk Management
On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more
The U.S. Department of Justice’s ("DOJ") Criminal Division recently issued a memorandum outlining a shift in the DOJ’s priorities and policies for prosecuting white-collar crime (the “Memorandum”). Issued by the Head of the...more
5/23/2025
/ Criminal Investigations ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Fraud and Abuse ,
Healthcare Fraud ,
Tariffs ,
Trump Administration ,
Waste ,
Whistleblowers ,
White Collar Crimes
Key Takeaways:
- The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.”
- DOJ warned FCA claims could arise when a...more
5/21/2025
/ Civil Rights Act ,
Colleges ,
Department of Justice (DOJ) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Funding ,
Trump Administration ,
Universities
With recent increases in U.S. tariffs and the increasing complexity of determining applicable duties for different products, importers are looking for ways to reduce their tariff exposure. Since a product’s tariff treatment...more
5/19/2025
/ Corporate Counsel ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Imports ,
International Trade ,
Misclassification ,
National Security ,
Penalties ,
Tariffs ,
Trump Administration
A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and...more
5/2/2025
/ Advisory Opinions ,
Anti-Kickback Statute ,
Appeals ,
Beneficiary Inducement ,
Biotechnology ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Healthcare Fraud ,
Judicial Authority ,
Litigation Strategies ,
OIG ,
Pharmaceutical Industry ,
Statutory Interpretation
Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more
4/23/2025
/ Anti-Corruption ,
California ,
Competition ,
Consumer Protection Act ,
Consumer Protection Laws ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
New York ,
Private Right of Action ,
State and Local Government ,
State Attorneys General ,
Trump Administration ,
Unfair Competition
During the week of March 16, 2025, three regulators with significant extra-territorial anti-corruption enforcement jurisdiction announced plans to create a new International Anti-Corruption Prosecutorial Taskforce (the...more
The 2025 BIS Update Conference on Export Controls and Policy wrapped up last week. Here are three main takeaways:
1. China is the Priority: The top three U.S. export controls and enforcement priorities for the new...more
Key Takeaways:
- Exemption for Domestic Reporting Companies: Domestic reporting companies are now exempt from the requirement to file beneficial ownership information (“BOI”) reports under the Corporate Transparency Act...more
This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year.
Throughout 2024, enforcement of international trade laws continued to gather pace...more
3/14/2025
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Compliance ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Enforcement Priorities ,
EU ,
EU Directive ,
Export Controls ,
International Trade ,
Iran ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
Sanction Violations ,
Tariffs ,
Trump Administration ,
U.S. Treasury ,
UK
FinCEN has once again changed course on enforcement of the CTA. On February 27, 2025, FinCEN announced that it will not issue any fines or penalties or take any other enforcement actions against reporting companies based on a...more
3/3/2025
/ Beneficial Owner ,
Corporate Transparency Act ,
Enforcement Actions ,
Filing Deadlines ,
FinCEN ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Small Business ,
Temporary Hold
This is the fifth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
On February 18, 2025, the U.S. Federal District Court for the Eastern District of Texas lifted the last remaining nationwide preliminary injunction of the CTA in the Smith case. This follows a decision on January 23, 2025, by...more
On February 18, 2025, the First Circuit Court of Appeals issued its decision in U.S. v. Regeneron Pharmaceuticals, ruling that the Anti-Kickback Statute (“AKS”) requires the government to prove that an AKS violation was the...more
This is the fourth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
2/20/2025
/ Artificial Intelligence ,
Climate Change ,
Cryptocurrency ,
Disclosure Requirements ,
Enforcement Actions ,
Insider Trading ,
Loper Bright Enterprises v Raimondo ,
Recordkeeping Requirements ,
Regulatory Reform ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Technology Sector ,
Trump Administration
On February 10, 2025, President Trump issued an executive order (EO) directing Attorney General Pam Bondi to effectively pause the Justice Department’s enforcement of the Foreign Corrupt Practices Act (FCPA). This was the...more
2/17/2025
/ Anti-Corruption ,
Attorney General ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Securities and Exchange Commission (SEC) ,
Trump Administration
On February 5, 2025, on her first day in office, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”) in a broad range of enforcement arenas. Among these Day...more
2/7/2025
/ Anti-Corruption ,
Attorney General ,
Corporate Counsel ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
White Collar Crimes
I. Scope of Executive Order 14173 -
Executive Order 14173, issued on January 21, 2025, aims to end illegal discrimination and restore merit-based opportunities by ceasing diversity, equity, and inclusion (DEI) policies,...more
2/5/2025
/ Anti-Discrimination Policies ,
Compliance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Trump Administration ,
Whistleblowers
This is the fifth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
On January 23, 2025, the U.S. Supreme Court stayed a nationwide preliminary injunction of the Corporate Transparency Act (“CTA”) previously issued by the U.S. Federal District Court for the Eastern District of Texas (Texas...more
1/27/2025
/ Appeals ,
Beneficial Owner ,
Compliance ,
Constitutional Challenges ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Requirements ,
Smaller Reporting Companies ,
Texas
This is the second in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
1/24/2025
/ Anti-Corruption ,
Australia ,
China ,
Clawbacks ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Whistleblower Awards ,
Whistleblowers
In a highly unusual and unexpected order, late on December 26, 2024, a “merits panel” of the Fifth Circuit (made up of different judges than the “motions panel” that stayed the nationwide preliminary injunction on December...more
12/30/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Business Ownership ,
Corporate Transparency Act ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Smaller Reporting Companies ,
Stays ,
Time Extensions
On December 23, 2024, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) issued an Order staying the nationwide preliminary injunction issued earlier in the month by a district court in...more
12/26/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Transparency Act ,
FinCEN ,
Pending Litigation ,
Preliminary Injunctions ,
Reporting Requirements ,
Stays ,
Suspended Judgment