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CA AG Enforcement Outlook – What to Expect in 2025

It is safe to say 2025 is expected to be a busy year for California Attorney General Rob Bonta (CA AG). We anticipate that the CA AG will increase enforcement activity this year with wide-reaching and broad investigations...more

MoForecast: Predictions on State Attorneys General Enforcement of Consumer Protection

Morrison Foerster partner Carrie H. Cohen, global co-chair of the Investigations + White Collar Defense Group and State + Local Government Enforcement team, spoke with Christine Wong, a partner in MoFo’s Investigations +...more

MoFo’s State + Local Government Enforcement Newsletter (December 2024)

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more

DOJ Updates Its Guidance on Corporate Compliance Programs, with an Emphasis on AI and Whistleblowers

The ECCP is intended to assist federal prosecutors in determining whether a corporation’s compliance program was effective at the time of the alleged offense(s) and, if not, what type of enforcement, monetary penalty, and...more

SEC Targets "AI Washing" With Two New Settled Cases

On March 18, 2024, the SEC announced—in videos posted on YouTube and Twitter—regulatory actions against two investment advisers for “AI washing,” a practice defined by the SEC as “making false artificial intelligence-related...more

U.S. Attorney for the Central District of California Announces a New Corporate and Securities Fraud Strike Force to Ramp up...

On October 4, 2023, Martin Estrada, U.S. Attorney for the Central District of California (CDCA), announced the formation of a Corporate and Securities Fraud Strike Force (the “Strike Force”), a new CDCA section designed to...more

DOJ Updates Monitor Selection Policy

Key Takeaways- •On March 1, 2023, the Assistant Attorney General (“AAG”) for the Criminal Division of the U.S. Department of Justice (“DOJ”), Kenneth A. Polite, Jr., issued a revised memorandum on the imposition and...more

DOJ Revises Its Guidance on Corporate Compliance Programs

On March 3, 2023, the Criminal Division of the U.S. Department of Justice ("DOJ") revised its Evaluation of Corporate Compliance Programs or ECCP (the “March 2023 ECCP”) for the first time since June 2020....more

Second Circuit Nixes Theory of Insider Trading on Confidential Government Agency Information

On December 27, 2022, in United States v. Blaszczak (“Blaszczak II”), the U.S. Court of Appeals for the Second Circuit called into question what constitutes “property” in cases of securities fraud, wire fraud and theft of...more

In Revised Corporate Enforcement Policy, DOJ Increases Incentives for Voluntary Self-Disclosure and Cooperation

On January 17, 2023, the Assistant Attorney General (AAG) for the Criminal Division of the U.S. Department of Justice (DOJ), Kenneth Polite, Jr., announced that DOJ had made “significant changes” to its Corporate Enforcement...more

Female College Soccer Player Wins A Penalty Kick

While the match is not final for former college soccer player Noriana Radwan who sued the University of Connecticut for sex discrimination, the Second Circuit Court of Appeals, citing an amicus brief filed by Morrison...more

U.S. Antitrust Authorities’ Recent Scrutiny of Interlocking Directorates Signals Escalation of Enforcement Under Section 8 of the...

Recent scrutiny of interlocking directorates – when a person serves as an officer or board director of two competing corporations – by the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission...more

A Day Late and a Dollar Short: AAG Polite Warns That Corporate Leaders Who Fail to Invest in Compliance “Early and Often” Do So...

On September 28, 2022, the Assistant Attorney General for the Criminal Division of the United States Department of Justice (DOJ) joined the Inspector General for the United States Department of Health and Human Services...more

DOJ Criminal Division Head Kenneth Polite Proclaims that Chief Compliance Officers Have a “powerful role” to Play in...

Speaking at a Compliance Week event on May 17, 2022, Assistant Attorney General (“AAG”) Kenneth Polite reaffirmed that companies that “take compliance seriously” can expect a reduced likelihood that investigators will impose...more

Governor Newsom Signs Blockchain Executive Order Intended to Support Web3 Businesses and Provide Regulatory Clarity

Following President Biden’s March 9, 2022 “Executive Order on Ensuring Responsible Development of Digital Assets,” on May 4, 2022, California Governor Gavin Newsom issued his own “Blockchain Executive Order to Spur...more

Forecasting White Collar Enforcement Trends in California for 2022

In the first year of the Biden administration, leadership at the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), and other U.S. government agencies announced expansive efforts to investigate...more

Theranos: The Limits of the “Fake It Till You Make It” Strategy

In the case that tested the limits of the “fake it till you make it” approach to a startup business, on January 3, 2022, a jury in the U.S. District Court for the Northern District of California convicted Elizabeth Holmes,...more

U.S. Whistleblower Updates: Record Breaking Awards and a New FinCEN Whistleblower Program

The U.S. Securities and Exchange Commission (SEC) recently awarded approximately $36 million to a whistleblower who was culpable in the wrongful conduct and delayed reporting information to the agency for five years. The...more

Northern District of California’s New U.S. Attorney Launches “Strike Force” Aimed at Corporate Fraud

David Anderson, the recently appointed United States Attorney for the Northern District of California, has announced a corporate fraud “strike force” designed to pursue the “investigation and prosecution of corporate fraud...more

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