Author Info for Foley Hoag LLP - White Collar Law & Investigations

Adam Aguirre

Foreign Corrupt Practices Act (FCPA) | 2022 Year in Review and a Look Ahead

U.S. Policy Developments - Since the fall of 2022, DOJ has made several policy pronouncements in connection with its efforts to combat corporate crime. While it remains to be seen how these policies will ultimately affect DOJ’s… more

Anti-Corruption, Corporate Counsel, Department of Justice (DOJ), Disclosure, Enforcement Actions

See all updates »

Neil Austin

Previewing SEC Enforcement in 2023

Takeaways: The SEC’s Division of Enforcement set record-highs in total money relief ordered and total civil penalties assessed in fiscal year 2022… more

Civil Monetary Penalty, Cryptoassets, Cryptocurrency, Enforcement, Environmental Social & Governance (ESG)

See all updates »

Kian Azimpoor

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

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

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

Yoni Bard

New Massachusetts Healthcare Law Targets Private Equity, REITs, and MSOs; Expands State False Claims Act

On January 8, 2025, Governor Maura Healey signed House Bill 5159 into law, toughening the rules and increasing the risks for private equity (PE) companies, real estate investment trusts (REITs), and management services… more

Compliance, False Claims Act (FCA), Healthcare, Healthcare Fraud, Investors

See all updates »

Samuel Bauer

Healthcare Fraud in the Early Days of the Biden Administration

This is our eighth and final post in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry was on pandemic-related fraud… more

Biden Administration, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Healthcare Fraud

See all updates »

Fernando Berdion-Del Valle

The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court with… more

Criminal Convictions, Federal-Program Fraud, Intent to Obtain Money or Property, Right to Control, SCOTUS

See all updates »

Nicholas Bergara

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

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

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Patrick Brennan

Scrutiny for the Private Sector Will Come from Both Sides of the Aisle in the 118th Congress

This is the fourth part in our 2023 series examining important trends in white collar law and investigations. Up next: SEC. Last year, as we laid out the landscape for congressional investigations in 2022, we noted that… more

China, Competition, Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Jasmine Brown

Year in Preview: Review of and Insights into Investigations by the 119th Congress

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

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

See all updates »

Aleksis Fernandez Caballero

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

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

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Daniel Carlston

DOJ and Private Whistleblowers Pursue Marijuana-Related Businesses for Alleged Violations of COVID Relief Loan Policies

In 2020, when former President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law, the federal Small Business Administration (SBA) referred to previous guidance to indicate that businesses… more

CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA), Fraud

See all updates »

Matthew Casassa

117th Congress to Target Private Entities with Increased Congressional Investigations

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next,… more

CARES Act, Congressional Investigations & Hearings, Coronavirus/COVID-19, Criminal Investigations, Legislative Agendas

See all updates »

Paul Charlot

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

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

Corporate Counsel, Customs and Border Protection, Department of Justice (DOJ), Enforcement, False Claims Act (FCA)

See all updates »

E. Jacqueline Chávez

Companies Should Beware of Employees Texting Business Communications

Text messaging is convenient. It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages… more

Broker-Dealer, CFTC, Compliance, Confidential Communications, Department of Justice (DOJ)

See all updates »

Susanna Chi

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 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

Academic Misconduct, Activist, Antitrust Division, Colleges, Department of Justice (DOJ)

See all updates »

Amanda Coleman

Federal Cryptocurrency Enforcement in 2023

This is the eighth part in our 2023 series examining important trends in white collar law and investigations. Up next: anti-corruption. The tumultuous crypto events of 2022, combined with the heightened agency and executive… more

Blockchain, CFTC, Cryptocurrency, Department of Justice (DOJ), Digital Currency

See all updates »

Rachel Davidson

Office of the Massachusetts Attorney General – 2022 Preview

This is the fourth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in tax enforcement. Up next: trends in sanctions & export controls enforcement… more

Climate Change, Enforcement Actions, Environmental Protection Agency (EPA), Healthcare Fraud, State Attorneys General

See all updates »

Caroline Donovan

District Court Declares FCA Qui Tam Provision Unconstitutional

On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the FCA’s… more

Appointments Clause, Article II, Dismissals, False Claims Act (FCA), Florida

See all updates »

Olivier Dorgans

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

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

Corporate Counsel, Customs and Border Protection, Department of Justice (DOJ), Enforcement, False Claims Act (FCA)

See all updates »

Mark Finsterwald

Federal Prosecutors Ask Massachusetts Hospitals to Help Root Out Fraud Related To COVID-19

The United States Attorney for the District of Massachusetts is proactively seeking to find, investigate, and prosecute unlawful attempts to exploit the COVID-19 pandemic and is asking hospitals to assist. U.S. Attorney Andrew… more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare, Hospitals

See all updates »

Christian Garcia

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

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

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

Stephen Garvey

False Claims Act Enforcement in 2021: A Look Ahead

This is the sixth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed ESG initiatives by the SEC. Up next… more

Biden Administration, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Chawkat Ghazal

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

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

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Amanda Gialil

Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here… more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

See all updates »

Laura Gradel

First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential… more

Anti-Corruption, Corporate Counsel, Employees, Employer Liability Issues, Foreign Corrupt Practices Act (FCPA)

See all updates »

Eli Greenspan

Year in Preview: Review of and Insights into Investigations by the 119th Congress

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

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

See all updates »

James Gross

Southern District of New York Holds that an Explicit Quid Pro Quo Is an Essential Element of Bribery and Fraud in Campaign Fundraising-Related Public Corruption Prosecutions

Earlier this week, the Southern District of New York dismissed bribery and honest services wire fraud charges brought against New York’s former lieutenant governor, Brian Benjamin, based upon the Indictment’s failure to allege… more

Bribery, Campaign Contributions, Campaign Funds, Criminal Convictions, Fraud

See all updates »

Christopher Escobedo Hart

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from… more

Civil Rights Act, Colleges, Constitutional Challenges, Dear Colleague Letter, Department of Education

See all updates »

Samuel Hoff

New Massachusetts Healthcare Law Targets Private Equity, REITs, and MSOs; Expands State False Claims Act

On January 8, 2025, Governor Maura Healey signed House Bill 5159 into law, toughening the rules and increasing the risks for private equity (PE) companies, real estate investment trusts (REITs), and management services… more

Compliance, False Claims Act (FCA), Healthcare, Healthcare Fraud, Investors

See all updates »

Michael Hoven

Congress Expands SEC’s Disgorgement Power in Defense Spending Bill

On January 1, 2021, Congress significantly expanded the SEC’s authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited… more

Consolidated Appropriations Act (CAA), Disgorgement, Enforcement Actions, Kokesh v SEC, Liu v Securities and Exchange Commission

See all updates »

Rachel Hutchinson

Challenge to Attorneys' Fees in False Claims Act Cases

Thanks to inexact language in a settlement agreement, a for-profit hospital chain can challenge whistleblowers’ eligibility for attorneys’ fees under the False Claims Act (“FCA”). The single sentence that spawned nearly 5 years… more

Ambiguous, Attorney's Fees, Contract Drafting, Contract Interpretation, Extrinsic Evidence

See all updates »

Marilyn Icsman

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

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

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

Gwendolyn Wilber Jaramillo

Lessons to Learn for Global Software Providers from SAP Settlements of DOJ, BIS and OFAC Investigations Concerning Software Downloads in Iran

Sales of your software are robust around the globe. You have a network of third-party resellers, distributors or implementation partners that are driving international growth. Your customers praise your efficient maintenance and… more

Bureau of Industry and Security (BIS), Civil Monetary Penalty, Department of Justice (DOJ), Export Controls, Germany

See all updates »

Veronica Jennings

117th Congress to Target Private Entities with Increased Congressional Investigations

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next,… more

CARES Act, Congressional Investigations & Hearings, Coronavirus/COVID-19, Criminal Investigations, Legislative Agendas

See all updates »

Gilleun Kang

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

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 inducing… more

Construction Industry, Contract Terms, Criminal Prosecution, False Claims Act (FCA), Fraud

See all updates »

Rachel Kerner

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

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

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

David Lazarus

DOJ Ramps Up Use of False Claims Act to Advance Tariff Agenda

The second Trump administration’s aggressive tariff policy is playing out in more than just the Commerce Department. Framed under the administration’s commitment to fight “waste, fraud, and abuse,” the U.S. Department of Justice… more

Anti-Dumping Duty, Countervailing Duties, Customs, Department of Justice (DOJ), Enforcement Actions

See all updates »

Jace Lee

Health Care Fraud Enforcement in 2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health… more

CARES Act, Coronavirus/COVID-19, Data Privacy, Department of Justice (DOJ), Enforcement Actions

See all updates »

Daniel Levin

Year in Preview: Review of and Insights into Investigations by the 119th Congress

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

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

See all updates »

Harian Levy

The DOJ, SEC, Insider Trading, and Data Analysis

A year ago, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) heralded data analytics in announcing parallel insider trading actions against a senior executive at a pharmaceutical company… more

Analytics, Department of Justice (DOJ), Enforcement Actions, Insider Trading, Investment Schemes

See all updates »

Michael Licker

Texas Man Using Online Name Generator Latest to Be Charged with PPP Loan Fraud

In the past two weeks, the federal government has charged several individuals in Paycheck Protection Program loan fraud schemes. The allegations have ranged from applying for loans for non-operating businesses to using loan… more

CARES Act, Department of Justice (DOJ), Federal Loans, Federal Prosecutors, Fraud

See all updates »

Rosie Loring

Massachusetts’ New Attorney General – A Look Back and a Look Ahead at the Year Ahead

This is the second in our 2024 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 weeks… more

Education Reform, Gun Laws, Healthcare Fraud, Healthcare Reform, Labor Law Violations

See all updates »

Aaron Loving

DOJ Ramps Up Use of False Claims Act to Advance Tariff Agenda

The second Trump administration’s aggressive tariff policy is playing out in more than just the Commerce Department. Framed under the administration’s commitment to fight “waste, fraud, and abuse,” the U.S. Department of Justice… more

Anti-Dumping Duty, Countervailing Duties, Customs, Department of Justice (DOJ), Enforcement Actions

See all updates »

Anna Maria Annino

Review of Sanctions and Export Control Developments in 2021 and What to Expect in 2022

This is the fifth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in State AG enforcement. Up next: SEC Enforcement in 2022: A Look Ahead. Key… more

Afghanistan, Belarus, Biden Administration, Bureau of Industry and Security (BIS), Burma

See all updates »

John Marston

The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court with… more

Criminal Convictions, Federal-Program Fraud, Intent to Obtain Money or Property, Right to Control, SCOTUS

See all updates »

Camille Mayet

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

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

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Joanna McDonough

2023 Trends in Criminal Tax Enforcement

This is the second part in our 2023 series examining important trends in white collar law and investigations. Up next: crypto enforcement. The days of decreased IRS enforcement activity may be coming to a close. Although the… more

Cryptocurrency, Cyber Crimes, Enforcement Actions, High Net-Worth, Income Taxes

See all updates »

Zihan Mei

Are there ways to reduce the customs value of goods and thereby reduce tariffs?

In this article, the third in our blog series on U.S. tariffs (check out the other two pieces on origination and classification), we continue to spotlight high-risk tariff practices and potential enforcement… more

Customs, Customs and Border Protection, Enforcement Actions, Fraud, Government Agencies

See all updates »

Jeremy Meisinger

Massachusetts’ New Attorney General – A Look Back and a Look Ahead at the Year Ahead

This is the second in our 2024 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 weeks… more

Education Reform, Gun Laws, Healthcare Fraud, Healthcare Reform, Labor Law Violations

See all updates »

Ned Melanson

Are Disgorgement Payments to the SEC Tax-Deductible? U.S. Supreme Court’s Decision in Liu v. SEC Complicates the Analysis

The U.S. Supreme Court’s decision last month in Liu v. SEC raises the question of whether disgorgement payments in SEC enforcement actions should now be deductible for federal income tax purposes. The Court held that a… more

15 U.S.C. § 78u(d)(5), Administrative Authority, Business Expenses, Calculation of Damages, Corporate Misconduct

See all updates »

Matthew Miller

Year in Preview: Review of and Insights into Investigations by the 119th Congress

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

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

See all updates »

Anthony Mirenda

DOJ Ramps Up Use of False Claims Act to Advance Tariff Agenda

The second Trump administration’s aggressive tariff policy is playing out in more than just the Commerce Department. Framed under the administration’s commitment to fight “waste, fraud, and abuse,” the U.S. Department of Justice… more

Anti-Dumping Duty, Countervailing Duties, Customs, Department of Justice (DOJ), Enforcement Actions

See all updates »

Pauline Montaldier

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

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

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Marissa Mugan

Federal District Court Upholds HHS Advisory Opinion Blocking Fertility Assistance Program

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

Advisory Opinions, Anti-Kickback Statute, Appeals, Beneficiary Inducement, Biotechnology

See all updates »

Martin Murphy

First Circuit's New England Compounding Center Decisions Illustrate Reach of Federal Criminal Law

In 2012, New England Compounding Center (“NECC”) shipped contaminated anti-pain medication to hospitals and clinics around the country, with devastating consequences. Patients around the country developed fungal meningitis and… more

Drug Compounding, Drug Distribution, Federal Food Drug and Cosmetic Act (FFDCA), Fraud, Healthcare Fraud

See all updates »

John Murray

First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential… more

Anti-Corruption, Corporate Counsel, Employees, Employer Liability Issues, Foreign Corrupt Practices Act (FCPA)

See all updates »

Emily Nash

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from… more

Civil Rights Act, Colleges, Constitutional Challenges, Dear Colleague Letter, Department of Education

See all updates »

Lynn Neils

Health Care Fraud Enforcement in 2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health… more

CARES Act, Coronavirus/COVID-19, Data Privacy, Department of Justice (DOJ), Enforcement Actions

See all updates »

Austin Ownbey

Congressional Investigations: A Review of Investigations Likely to Continue in 2024 and into the 119th Congress

This is the sixth in our 2024 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 weeks… more

China, Corporate Governance, Critical Infrastructure Sectors, Drug Pricing, Educational Institutions

See all updates »

Natalie Panariello

Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

See all updates »

Kenny Peralta

DOJ Issues New Directive on DEI

On February 5, 2025, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”). Among them is a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and… more

Affirmative Action, Civil Rights Act, Compliance, Department of Justice (DOJ), Diversity

See all updates »

Luciano Racco

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

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

Corporate Counsel, Customs and Border Protection, Department of Justice (DOJ), Enforcement, False Claims Act (FCA)

See all updates »

Veronica Renzi

Congressional Investigations: A Review of Investigations Likely to Continue in 2024 and into the 119th Congress

This is the sixth in our 2024 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 weeks… more

China, Corporate Governance, Critical Infrastructure Sectors, Drug Pricing, Educational Institutions

See all updates »

Leah Rizkallah

Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

See all updates »

Madeleine Rodriguez

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 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

Academic Misconduct, Activist, Antitrust Division, Colleges, Department of Justice (DOJ)

See all updates »

Adam Safwat

Are there ways to reduce the customs value of goods and thereby reduce tariffs?

In this article, the third in our blog series on U.S. tariffs (check out the other two pieces on origination and classification), we continue to spotlight high-risk tariff practices and potential enforcement… more

Customs, Customs and Border Protection, Enforcement Actions, Fraud, Government Agencies

See all updates »

Iain Sandford

Are there ways to reduce the customs value of goods and thereby reduce tariffs?

In this article, the third in our blog series on U.S. tariffs (check out the other two pieces on origination and classification), we continue to spotlight high-risk tariff practices and potential enforcement… more

Customs, Customs and Border Protection, Enforcement Actions, Fraud, Government Agencies

See all updates »

Jack Smith

AG Bondi Overhauls FCPA Enforcement in Day 1 Memo

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 1… more

Anti-Corruption, Attorney General, Corporate Counsel, Corruption, Criminal Prosecution

See all updates »

Stephen Stich

Liu v. SEC: Supreme Court Upholds the SEC’s Disgorgement Power But the Quagmire Continues

Last week, the Supreme Court decided in Liu v. SEC that the SEC may continue to seek disgorgement in judicial proceedings as a form of equitable relief under the Securities Exchange Act. A ruling to the contrary would have… more

15 U.S.C. § 78u(d)(5), Administrative Authority, Business Expenses, Calculation of Damages, Corporate Misconduct

See all updates »

Jiun-Wen Bob Teoh

New York Federal Prosecutors Indict Defendant in Connection with NFT Insider-Trading Scheme

Federal prosecutors from the Southern District of New York recently charged Nathan Chastain with wire fraud and money laundering in connection with a purported scheme to illegally profit from sales and purchases of Non-Fungible… more

Blockchain, Criminal Prosecution, Department of Justice (DOJ), Digital Assets, Enforcement Actions

See all updates »

Shrutih Tewarie

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

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

Corporate Counsel, Customs and Border Protection, Department of Justice (DOJ), Enforcement, False Claims Act (FCA)

See all updates »

Allen Thigpen

Boeing’s Deferred Prosecution Agreement In Question After Court Rules 737 Max Crash Victims’ Families May Assert Rights Under The Crime Victims’ Rights Act

A recent ruling from a federal district judge in Texas has called into question the finality of deferred prosecution agreements. Deferred prosecution agreements are negotiated and entered into by the government and criminal… more

Boeing, Crime Victims, Deferred Prosecution Agreements, Department of Justice (DOJ), Federal Aviation Administration (FAA)

See all updates »

Howard Weiss

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from… more

Civil Rights Act, Colleges, Constitutional Challenges, Dear Colleague Letter, Department of Education

See all updates »

Benjamin Weissman

NY Department of Financial Services Slaps $30 Million Fine on Robinhood’s Crypto Platform for Lax Anti-Money Laundering Controls

On August 1, 2022, the New York Department of Financial Services (“DFS” or the “Department”) secured its first enforcement win against a cryptocurrency platform, Robinhood’s crypto trading arm Robinhood Crypto, LLC… more

Anti-Money Laundering, Cryptocurrency, Enforcement Actions, Financial Institutions, Financial Services Industry

See all updates »

Lisa Wood

Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

See all updates »

Daniel Zaleznik

DOJ’s New Guidelines on Repeat Corporate Misconduct: Do They Have Real Teeth?

On October 28, 2021, Deputy Attorney General Lisa Monaco released a memo setting out “Initial Revisions to Corporate Criminal Enforcement Policies.” The memo indicated that the Department of Justice would place greater emphasis… more

Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), New Guidance, Securities and Exchange Commission (SEC)

See all updates »

Colin Zick

Massachusetts U.S. Attorney's Office Joins with Special Inspector General to Investigate CARES Act Fraud

The U.S. Attorney’s Office in Massachusetts is ramping up its effort to combat fraud related to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) through an agreement to work with the Office of the Special… more

CARES Act, Fraud, Inspector General, Memorandum of Understanding, Pandemic Unemployment Assistance (PUA)

See all updates »