On May 9, 2025, President Donald J. Trump signed a new Executive Order titled Fighting Overcriminalization in Federal Regulations, marking a significant policy shift in how federal agencies and the Department of Justice (DOJ)...more
On March 21, 2025, a unanimous Supreme Court held in Thompson v. United States that a federal statute prohibiting “false” statements to banks, 18 USC § 1014, does not apply to statements that are merely misleading. Although...more
The Trump administration’s focus on reducing government spending, its policies on trade and tariffs, and its focus on paring back diversity, equity, and inclusion (“DEI”) mandates may result in an increase in private suits,...more
On February 10, 2025 President Trump issued an executive order titled “Pausing Foreign Corrupt Practice Act Enforcement to Further American Economic and National Security.” The order directs the DOJ to halt Foreign Corrupt...more
2/13/2025
/ Anti-Corruption ,
Attorney General ,
Bribery ,
Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Regulatory Reform ,
Securities and Exchange Commission (SEC)
On February 5, 2025, the newly sworn-in United States Attorney General, Pamela Bondi, issued 14 memos to DOJ employees. The memos make clear that, under AG Bondi, DOJ’s enforcement efforts will focus on (i) immigration...more
On January 20, 2025, President Trump issued an executive order titled “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists.” The order directs the...more
Last month, the New York State Department of Financial Services (“DFS”), which has broad regulatory powers over financial services-related entities and insurance companies operating in New York State, published guidance...more
11/6/2024
/ Artificial Intelligence ,
Covered Entities ,
Cybersecurity ,
Data Management ,
Financial Institutions ,
Financial Services Industry ,
New York ,
NYDFS ,
Risk Assessment ,
Social Engineering ,
Third-Party ,
Training ,
Unauthorized Access
The SEC kicked off its fiscal year by bringing enforcement actions focused on AI and cyber disclosures. As discussed in more detail below:
•These actions again show SEC Enforcement prioritizing “hot button” issues like AI...more
On October 2, 2024, the Commodities Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and the United States Attorney’s Office for the Southern District of New York announced parallel...more
10/8/2024
/ Carbon Emissions ,
CEOs ,
CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
COOs ,
Energy Projects ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fraud ,
Misleading Impressions ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Tax Credits
On September 23, 2024, the Department of Justice updated its guidance on the Evaluation of Corporation Compliance Programs to include questions specifically focused on companies’ use and implementation of artificial...more