News & Analysis as of

Fifth Amendment Enforcement Actions

Ballard Spahr LLP

FinCEN’s Southwest Border Geographic Targeting Order Faces Challenges in Texas and Southern California

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In March, we wrote about the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issuing a Geographic Targeting Order (GTO) aimed to combat Mexican-based drug cartels. The GTO signals Treasury’s efforts to...more

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

Ballard Spahr LLP on

Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

DCI Consulting

Appeals Court Lifts Injunction on Executive Orders 14173 and 14151

DCI Consulting on

On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the government's Motion for a Stay Pending Appeal in the lawsuit concerning two Executive Orders aimed at ending diversity, equity, and...more

Bass, Berry & Sims PLC

Fourth Circuit Terminates Maryland District Court’s DEI Injunction

Bass, Berry & Sims PLC on

On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

Seyfarth Shaw LLP on

On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Smith Anderson

Court Puts Key DEI Executive Order Provisions on Indefinite Hold

Smith Anderson on

On February 21, 2025, a federal court in Maryland issued a nationwide preliminary injunction temporarily blocking the administration from carrying out key provisions in two of President Trump’s Executive Orders on Diversity,...more

Perkins Coie

Federal Court Issues Preliminary Injunction on Trump Anti-DEI Orders

Perkins Coie on

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction in favor of Plaintiffs National Association of Diversity Officers in Higher Education, the American Association of...more

Cozen O'Connor

Trump Administration DEI Executive Orders Enjoined (For Now)

Cozen O'Connor on

On Friday, February 21, 2025, a federal judge in Baltimore issued a nationwide preliminary injunction (Order) enjoining certain parts of President Trump’s January 20, 2025 Executive Order 14151, Ending Radical and Wasteful...more

Cooley LLP

Maryland Federal District Court Preliminarily Blocks Key Provisions of Trump Anti-DEI Orders

Cooley LLP on

On February 21, 2025, the US District Court for the District of Maryland issued an order temporarily blocking three key provisions of two January 2025 executive orders issued by President Donald Trump – Executive Order 14151,...more

DLA Piper

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

DLA Piper on

Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

Perkins Coie

Trump DEI Executive Order Signals Risks of False Claims Act Liability for Government Contractors and Grantees

Perkins Coie on

Among the many issues raised by President Trump’s Executive Order (EO) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) targeting diversity, equity, and inclusion (DEI) programs is the prospect...more

Carlton Fields

Jarkesy May Reshape SEC Enforcement Against Professionals

Carlton Fields on

For decades, the SEC has relied on its in-house administrative proceedings to enforce alleged violations under the federal securities laws, including under its own rules of practice....more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

Perkins Coie on

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Carlton Fields

The Hits Keep Coming for FINRA, Closing Out a Brutal Summer

Carlton Fields on

It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more

Mintz

The Last Remaining FX Defendant Prevails at Trial

Mintz on

Introduction - Class Plaintiffs in the case of In re Foreign Exchange Benchmark Rates AntiTrust Litigation alleged that Defendant banks conspired to fix prices in the foreign exchange (“FX”) market in violation of Sections 1...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - February 2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more

Goodwin

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action

Goodwin on

SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2020

IN THIS ISSUE • Anticorruption Developments • Export Control Sanctions and Customs Enforcement • Export Control and Sanctions Developments • Global Investigations Resources • Writing and Speaking Engagements ...more

The Volkov Law Group

OFAC Loses Exxon Sanctions Enforcement Case

The Volkov Law Group on

In an interesting end of year decision, issued on December 31, 2019, a District Court in Dallas issued a rejected OFAC’s enforcement action against Exxon Corporation imposing a $2 million penalty for violation of the Russia...more

Katten Muchin Rosenman LLP

Between Bridges - September 2019

The Commodity Futures Trading Commission received a short delay of the hearing date to determine if it should be subject to a contempt determination, sanctions and other relief for publishing a press release, a formal...more

WilmerHale

Case Note: Allen and Conti

WilmerHale on

This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

The Volkov Law Group

LIBOR Criminal Convictions Reversed – The Perils of Global Enforcement

The Volkov Law Group on

The growth of global enforcement systems raises important policy issues and risks for enforcement authorities. In an interesting case, US v. Allen and Conti, the Second Circuit Court of Appeals reversed criminal convictions...more

King & Spalding

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

King & Spalding on

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

Eversheds Sutherland (US) LLP

United States v. Allen and the Taint of Compelled Testimony in Cross-Border Enforcement Actions

In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related...more

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