Posted

By

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 implemented Data Security Program (DSP) designed to prevent China, Russia and other foreign adversaries designated by the DOJ from accessing American’s sensitive personal data and U.S. government-related data.

In “DOJ Releases Its Data Security Program Compliance Guide,” colleagues Jeewon K. Serrato, Tony Phillips, Shruti Bhutani Arora, Sahar J. Hafeez, Christine Mastromonaco, Leighton Watson and Sheetal Misra discuss the key components of the DSP and offer thoughts about compliance.

Posted

By

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 Digital Financial Technology), is to effectuate President Trump’s directive that DOJ “end the regulatory weaponization against digital assets.”

In U.S. Department of Justice Curtails “Regulation by Prosecution” in Digital Asset Enforcement, colleagues Jeffrey J. Izant, David Oliwenstein and Alexis N. Wansac put the new policy in context and explain why, while the new policy represents a shift in the agency’s tone, the practical effect on digital asset prosecutions may be limited.

Posted

By

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 sweeping oversight agenda. The question isn’t if there will be investigations—it’s who will be targeted and how to prepare. In New Congress, More Scrutiny? Preparing for Congressional Oversight and Investigations, colleagues Craig J. Saperstein, Aimee P. Ghosh, Richard P. Donoghue, William M. Sullivan, Jr., Johnna Purcell and Jaria Martin break down what this means for companies and how they should prepare.

Posted

By

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 process of investigations and suggested mechanisms, in addition to the relevant laws and regulations.

Posted

By

Over the last several years, enforcement authorities including the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have aggressively pursued corporate misconduct, particularly in the areas of cybersecurity, artificial intelligence, financial fraud, corruption and sanctions. As a result, public and private companies, as well as their boards, have faced—and continue to face—increasingly complex compliance obligations. In a recent article for Governance Intelligence, colleagues David Oliwenstein, Tony Phillips and Adam Goldberg provide insights on notable DOJ and SEC enforcement trends, what boards need to know, and recommendations on how to mitigate the risk of government investigations.