On June 9, 2025, the U.S. Department of Justice (DOJ) issued new guidelines implementing Executive Order 14209, which temporarily halted new Foreign Corrupt Practices Act (FCPA) investigations and required a review of current cases. These new guidelines reflect a shift in FCPA enforcement toward cases that directly impact U.S. national…
Compliance in Focus: Readiness, Investigations and Enforcement
The DOJ Recasts the False Claims Act as a Civil Rights Enforcement Tool
The U.S. Department of Justice has announced the creation of the Civil Rights Fraud Initiative, a new enforcement effort that uses the federal False Claims Act to pursue investigations and prosecutions of recipients of federal funding—including institutions of higher education, research centers and federal contractors—who allegedly falsely certify their compliance…
DOJ Revisions to White-Collar Enforcement Policies Seek a New Balance
On May 12, 2025, the Criminal Division of the U.S. Department of Justice issued a Memorandum outlining its new approach to white-collar criminal enforcement under the second Trump administration. Observing that “overbroad and unchecked corporate and white-collar enforcement burdens U.S. business and harms U.S. interests,” the Memorandum represents a notable…
The Data Security Program Compliance Guide Is Released by the DOJ
On January 8, 2025, the U.S. Department of Justice (DOJ) issued its final rule (28 C.F.R. Part 202) implementing former President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The guide outlines the requirements of a newly…
New DOJ Policy Signals New Approach to Digital Assets and Criminal Enforcement
On April 7, 2025, Deputy Attorney General Todd Blanche issued a Memorandum titled, “Ending Regulation by Prosecution,” which outlines changes to the approach of the U.S. Department of Justice (DOJ) to digital assets and criminal enforcement. The stated goal of the Memorandum, which implements Executive Order 14178 (Strengthening American Leadership in…
Trump 2.0: A New Era for the Regulation of Cryptocurrency and Digital Assets
President Trump campaigned on the promise to make the United States the “crypto capital” of the world. In his first days in office, he took steps to advance that goal, including by signing an executive order designed to support the U.S. crypto industry and appointing senior officials who support crypto.…
Preparing for Congressional Oversight and Investigations
As the 119th Congress begins, with Republicans taking control of both the House and Senate for the first time in five years, companies and nonprofit organizations should anticipate a surge in congressional investigations. Unified control of Congress, coupled with President-elect Trump in the White House, positions Republicans to pursue a…
GDPR Enforcement: Lessons from Recent Data Privacy Penalties
Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing practices. On October, 10, 2024, CNIL fined two companies offering remote clairvoyance services a total of €400,000—€250,000 for Cosmospace and €150,000…
DOJ Debuts Updates to Its Evaluation of Corporate Compliance Programs Aimed at the Responsible Use of Artificial Intelligence
On September 23, 2024, the U.S. Department of Justice (DOJ) Criminal Division released an updated version of its Evaluation of Corporate Compliance Programs (ECCP) guidance. DOJ first published the ECCP in 2017 to provide clear guidance on which factors federal prosecutors will consider when evaluating the strength of a corporation’s…
United Kingdom: White Collar Crime
Featured in Legal500’s latest white collar crime guide, colleagues Audrey Koh and Elinor Lee recently co-authored a Q&A that provides an overview of white collar crime laws and regulations specifically applicable in the United Kingdom. The Q&A also highlights a broad range of key takeaways including recent trends in the industry, the…