Regulation

For most of its 136-year history, Section 2 of the Sherman Antitrust Act was more of a threat than a weapon. The provision — which prohibits the willful acquisition or maintenance of monopoly power through anticompetitive conduct — carried demanding proof requirements, required expensive and expansive discovery, and produced so few trial victories that enforcers rarely tested it. When they did, they usually lost. That calculus may be shifting.

Together, EO 14365 and the National Policy Framework for Artificial Intelligence raise questions about the future of state and local laws governing employers’ use of AI, many of which are intended to protect against discrimination in connection with the use of AI.

Newly-adopted guidelines from the U.S. panel that determines federal sentencing policy could result in lower sentences for those convicted of white collar crimes.

This article discusses two recent U.S. Supreme Court decisions that suggest courts may be seeking to rein in the use of these financial tools of criminal and civil enforcement.

Every decision to onboard a client, partner, lateral hire, contractor, consultant or expert witness carries risk. Yet despite the increasing complexity of that risk, many firms continue to rely on onboarding practices that have not kept pace with the digital world in which their clients and people operate. The result is a widening gap between how risk actually manifests today and how it is assessed at the point of onboarding.

The Department of Justice’s Antitrust Division has moved at warp speed to deploy its first-ever whistleblower rewards program, marking a significant evolution in the division’s longstanding efforts to detect and prosecute criminal cartel conduct.

Companies and individuals prosecuted for tariff-related offenses are often surprised. In addition to the overall complexity of the regulatory framework, the ambiguity of tariff regulations frequently creates confusion about how to comply. The same confusion that leads to charges of non-compliance, however, can also be the source of an effective defense to those charges. This article examines potential defenses in tariff evasion and non-compliance prosecutions and offers practical guidance for counsel preparing to litigate them.

The U.S. Department of Justice’s new corporate enforcement guidelines released in March give companies a clearer idea of how federal prosecutors will handle cases in which companies self-report misconduct, white-collar defense attorneys said.