The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative...more
7/2/2024
/ Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Dodd-Frank ,
Enforcement ,
FERC ,
OSHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud
The Department of Justice has published — and continues to update and emphasize — a set of practical guidelines on what it views as an effective compliance program and how it makes decisions about bringing charges and...more
12/28/2023
/ Artificial Intelligence ,
Compliance ,
Corporate Culture ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement ,
Ethics ,
Executive Orders ,
Good Faith ,
Machine Learning ,
Transparency
Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “DOJ’s...more
9/22/2022
/ Audits ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Individual Accountability ,
New Guidance ,
Risk Assessment ,
Self-Disclosure Requirements
On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC, the Fifth...more
On Monday, President Biden released the United States Strategy on Countering Corruption, which details how the United States will work “domestically and internationally, with governmental and non-governmental partners, to...more
12/9/2021
/ Anti-Corruption ,
Anti-Money Laundering ,
CFTC ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Corrupt Practices Act (FCPA) ,
FTC Act ,
Investigations ,
Joe Biden ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC)
On January 1, 2023, the Virginia Consumer Data Protection Act (VCDPA) will go into effect. With passage of the law earlier this year, Virginia joined Colorado and California as the only states to enact comprehensive privacy...more
12/8/2021
/ California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Data Privacy ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Virginia
Last week we wrote about the three-pronged attack that the Department of Justice (DOJ) will use to get more aggressive in prosecuting cases and how they punish corporate offenders. Now, the U.S. Securities and Exchange...more
On June 3, 2021, the White House issued a memorandum announcing anti-corruption as a core national security interest. The memorandum explains that, “[c]orruption threatens United States national security, economic equity,...more
6/10/2021
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Biden Administration ,
China ,
Corporate Transparency Act ,
Cybersecurity ,
Economic Sanctions ,
Enforcement ,
Enforcement Actions ,
Export Controls ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities and Exchange Commission (SEC)