Shifting Crypto and Cyber Priorities In SEC Enforcement
March 31, 2025
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
How Prepared Are You for Trump 2.0’s Worksite Enforcement Regime?
March 31, 2025
As the first months of the new administration have demonstrated, President Trump fully intends to deliver on the campaign promise to “restart workplace enforcement.” Employers should prepare now to confirm their employees are authorized to work and have robust compliance policies and procedures in place should ICE come knocking.
AI-Related Securities Class Actions On the Rise
March 31, 2025
Understanding the types of challenges shareholders are bringing against AI-affiliated companies is critical to effectively evaluating proposed disclosures and addressing potential areas of exposure.
Shift In Foreign Corruption Policy Could Amplify Risk of Extortion for Global Businesses
March 31, 2025
The Trump administration’s shift in enforcement policy away from foreign corruption and towards the fight against Transnational Criminal Organizations (TCOs) such as drug cartels, may reduce the immediate risk to global businesses of an FCPA prosecution based on alleged extortion payments. However, the same shift raises new threats to those businesses under statutes that prohibit engagement of any kind with terrorist organizations, do not recognize an extortion defense, and may give rise to civil as well as criminal liability.
What the Future Holds for the False Claims Act
March 01, 2025
What does the second Trump administration augur for the False Claims Act? The question remains how, not if, the Trump DOJ will change DOJ’s enforcement policies, whether they will maintain current enforcement policies, and what the impact will be, especially for the FCA.
Second Circuit Expands DOJ Power In Anti-Kickback Statute
March 01, 2025
In recent years, the DOJ has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program. When coupled with the False Claims Act, the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.
The Future of the SEC Whistleblower Program Under Trump 2.0
March 01, 2025
The Trump administration will likely impact the SEC whistleblower program in terms of a change in its enforcement priorities, as well as the amounts of financial bounties paid, but will not, in our opinion, threaten its existence given bi-partisan support or alter its core functions.
Trump Administration Takes New Crypto-Enthusiastic Regulatory Approach
March 01, 2025
Just weeks since the Trump administration took the reins, we can already see the broad outlines of a truly seismic change in the U.S. government’s approach to crypto — one that promises to create never before seen opportunities for crypto to expand its presence and achieve an unparalleled level of integration into the U.S. and global financial systems.
EU Antitrust Strategy Faces U.S. Pushback as Regulatory Tensions Rise Over Big Tech
March 01, 2025
With tech giants’ influence on the White House on the rise, the likelihood of U.S. retaliation in response to enforcement of both longstanding EU antitrust rules and newer digital regulations has grown. At the same time, the EU’s own stated desire to cut red tape has raised existential questions about the future of the EU as a global regulatory superpower whose laws are emulated by nations and adhered to by companies around the world.
