Regulation

Compliance leaders recognize that Environmental, Social and Governance (ESG) is a growing concern for U.S. companies, but face challenges in determining how to embed compliance structures into their programs. One solution is to look to already existing anti-bribery and corruption (AB&C) compliance measures.

In two recent notable cases involving NFTs and cryptocurrency markets, the DOJ has brought insider trading charges under the wire fraud statute without claiming that any securities were involved. These cases demonstrate the substantial flexibility federal prosecutors have — or at least believe they have — in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.

A rising tide of regulation is headed for corporate compliance officers and in-house lawyers. Corporate accountability is a key priority for the DOJ and SEC, and both agencies have renewed their focus on individual liability for gatekeepers, including lawyers, accountants, underwriters and auditors.

The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.

The promise that the crypto and digital assets markets bring comes bundled with uncertainty — especially on the regulatory front. Until jurisdictions adopt unified and consistent frameworks that account for the unique facets and features of cryptocurrencies, institutional investors and other market participants must keep abreast of ever-changing, dynamic laws to avoid sanctions and fines.

Going back many decades, each Deputy Attorney General (DAG) has promulgated revisions to the DOJ's corporate criminal enforcement policies, leaving behind eponymous policy memos that were carefully studied by defense attorneys. Like her predecessors, Deputy Attorney General Lisa Monaco has been quick to announce a series of revisions to DOJ's corporate criminal enforcement policies and practices.

Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.

Part Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.