News & Analysis as of

Corporate Governance National Security

A&O Shearman

Deal structuring in focus as U.S. outbound investment regime takes effect

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Navigating the Committee on Foreign Investment in the United States has long been a key consideration for inbound investors to the U.S. But at the start of 2025, a new regulatory framework was introduced to limit certain...more

Morrison & Foerster LLP

DOJ Issues First-Ever Declination Under Corporate Disclosure M&A Policy

On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced that it declined to charge private equity firm White Deer Management LLC (“White Deer”) and its affiliates after the company...more

Bradley Arant Boult Cummings LLP

Steel Wars: Foreign Steel Can Dodge U.S. Tariffs, but Not U.S. Control. A New Era for Investing in American Steel Begins

The doubling of steel and aluminum tariffs by the Trump administration—from 25% to 50% within just three months—is a significant escalation in trade policy and the fulfillment of a Trump campaign promise. The U.S. also...more

Troutman Pepper Locke

Trump Administration's FCPA Investigations and Enforcement Guidelines

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On June 9, Deputy Attorney General Todd Blanche released a much-anticipated update to the Trump administration’s plans for enforcement of the Foreign Corrupt Practices Act (FCPA)....more

Bass, Berry & Sims PLC

Is the “Pause” Over? DOJ Resumes FCPA Enforcement, Announces Guidelines

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On June 9, Deputy Attorney General Todd Blanche issued a memorandum entitled Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (the Memo) addressed to the head of the Criminal Division of the...more

The Volkov Law Group

Episode 372 -- DOJ Applies False Claims Act to Tariff and Trade Violations

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What if your trade compliance misstep became tomorrow’s federal prosecution headline? In this episode, Michael Volkov issues a powerful warning to corporate leaders and compliance professionals: the DOJ is no longer treating...more

A&O Shearman

Cybersecurity in mining: protecting infrastructure and digital assets

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The mining sector is increasingly at risk from cyber attacks, and many companies are racing to defend themselves against the backdrop of a rapidly changing threat landscape. Ross Phillipson and Anna Rudawski explore what is...more

DarrowEverett LLP

The DOJ’s New White-Collar Agenda: Implications for Businesses

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On May 12, 2025, the Department of Justice (the “DOJ”) released its criminal—and, more specifically, white collar crime enforcement—initiatives under the current administration. This is typical each time new leadership...more

Hogan Lovells

Raising the bar – Changes to mandatory and discretionary exclusions under the Procurement Act 2023

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The Procurement Act 2023 (the "Act") introduces a more expansive and centralised exclusion regime. For compliance professionals, the implications are significant: exclusion can now arise from a broader range of conduct –...more

Herbert Smith Freehills Kramer

DOJ Announces White-Collar Enforcement Priorities and Revised Corporate Enforcement & Voluntary Self-Disclosure Policy

On May 12, 2025, the Department of Justice (“DOJ” or the “Department”) issued a revised Corporate Enforcement and Voluntary Self-Disclosure Policy (Revised CEP). Matthew R. Galeotti, chief of the Criminal Division of the DOJ,...more

Seward & Kissel LLP

DOJ’s White Collar Enforcement Priorities: What’s In, What’s Out

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On May 12, the Criminal Division of the U.S. Department of Justice (DOJ) issued a series of changes in its white collar enforcement priorities. These changes were announced in the Criminal Division Enforcement Plan, the...more

Baker Donelson

Shifting Priorities: DOJ's New Approach to White Collar Enforcement

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The U.S. Department of Justice (DOJ) announced on May 12, 2025, a strategy shift in its approach to white collar enforcement, identifying specific high-impact areas of focus; an expansion of whistleblower and self-disclosure...more

Parker Poe Adams & Bernstein LLP

DOJ's New White-Collar Enforcement Plan Signals Strategic Shift in Corporate Investigations

This week the Department of Justice (DOJ) announced its new approach to corporate criminal enforcement, "Focus, Fairness, and Efficiency in the Fight Against White Collar Crime."...more

Skadden, Arps, Slate, Meagher & Flom LLP

OFSI Issues First-Ever Monetary Penalty for a Failure To Provide Information: Key Considerations for Companies

The Offence and Penalty - On 8 May 2025, the UK’s Office of Financial Sanctions Implementation (OFSI) published its 11 April 2025 notice of its first-ever monetary penalty for an information offence relating to financial...more

ArentFox Schiff

DOJ Announces Changes to White-Collar Enforcement Priorities: What to Know and What Actions to Take Today

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On May 12, Matthew R. Galeotti, the head of the US Department of Justice’s (DOJ) Criminal Division, announced a new white collar enforcement plan, outlined changes to the Corporate Enforcement and Voluntary Disclosure Policy,...more

Baker Botts L.L.P.

Justice Department Declines Prosecution of U.S. Contractor for Export Control Violations of Rogue Employee

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For only the second time under its updated voluntary self-disclosure program, the U.S. Justice Department decided not to prosecute Universities Space Research Association after the company self-disclosed criminal violations...more

StoneTurn

Mitigating National Security Threats in Commercial Transactions

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In recent years, the U.S. government has taken a closer look at investments, mergers and acquisitions, and other business activity that may have an impact on U.S. national security. For corporations and investors, this means...more

Seyfarth Shaw LLP

Navigating Trump’s FCPA Enforcement Pause: Strategic Recommendations for Corporate Leaders

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President Trump’s February 10th Executive Order (EO) titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security,” has introduced significant uncertainty into FCPA enforcement....more

Sheppard Mullin Richter & Hampton LLP

The Return of the CTA: FinCEN Confirms that Beneficial Ownership Information Reporting Requirements are Back in Effect with a New...

On February 19, 2025, the Financial Crimes Enforcement Network (“FinCEN”) announced that beneficial ownership information reporting requirements under the Corporate Transparency Act (“CTA”) are back in effect with a new...more

Baker Botts L.L.P.

Corporate Transparency Act Reporting Obligations Back In Effect With Extension

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Reporting obligations related to the Corporate Transparency Act (“the CTA”) are set to return. As we previously reported, on December 3, 2024, a federal judge in Texas (Texas Top Cop Shop, Inc. v. Bessent) issued a...more

Amundsen Davis LLC

The Corporate Transparency Act Is Back in Effect With a March 21 Reporting Deadline

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The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced in a February 19, 2025 alert that the Corporate Transparency Act (CTA) is back in effect. The new deadline for most companies to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Now More Than Ever, Supply Chains Demand the Attention of Multinationals’ Boards

Key Points - - New laws in major jurisdictions make it vital that companies examine their supply chains closely for legal vulnerabilities. This entails due diligence on environmental and human rights issues, and compliance...more

McGlinchey Stafford

CTA’s Beneficial Ownership Reporting Requirement Resumes – At Least for Now

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As the saga of on-again-off-again requirements continues to unfold, FinCEN’s Beneficial Ownership Information (BOI) reporting requirements under the Corporate Transparency Act (CTA) have undergone significant changes due to...more

Seward & Kissel LLP

Pausing Bribery Prosecutions: What Companies Need to Know

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Last week President Trump signed an Executive Order pausing enforcement of the nation’s most robust anti-bribery statute, the Foreign Corrupt Practices Act (“FCPA”). The EO seeks a complete overhaul of the FCPA enforcement...more

Foley & Lardner LLP

Business Impacts of Trump’s Executive Order Pausing FCPA Enforcement

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On February 10 President Trump issued an Executive Order, Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security, signaling a shift in U.S. enforcement priorities regarding...more

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