Sky Blog
In a notable decision issued on May 22, 2025, Kousisis v. United States, the U.S. Supreme Court held that a defendant may be convicted of wire fraud under 18 U.S.C. § 1343 even when the scheme does not result in …
On May 12, 2025, the Head of the Department of Justice’s (“DOJ”) Criminal Division, Matthew R. Galeotti, announced significant changes to the Criminal Division’s corporate and white-collar enforcement policies and priorities.[1] Speaking at the Securities Industry and Financial Markets …
Key Points
On May 9, 2025, President Trump issued an Executive Order that purports to reduce regulatory burdens and ensure that “no American is transformed into a criminal for violating a regulation they have no reason to know exists.” The Executive Order …
On April 30, 2025, the Department of Justice’s (“DOJ”) National Security Division (“NSD”), alongside the U.S. Attorney’s Office for the Northern District of California, announced a declination to prosecute Universities Space Research Association (“USRA”) for criminal export control violations committed …
On April 25, 2025, Attorney General Pam Bondi announced a new policy, rescinding the prior administration’s policies that restricted prosecutors from seeking records or compelling testimony from news organizations in leak probes.[1] This policy substantially lowers internal hurdles for …
I argue in a forthcoming article[1] that when corporate misconduct results in someone’s death, resolving the ensuing criminal charges with a “C” plea bargain can be antithetical to the pursuit of justice. To support my argument, I examine one …
The U.S. Department of Justice (DOJ or Department) has announced a significant shift in enforcement priorities concerning digitalassets. On April 7, 2025, Deputy Attorney General Todd Blanche issued a memorandum (Memorandum) announcing that the Department is not a “digital assets …
On April 11, 2025, the National Security Division (NSD) of the Department of Justice (DOJ) issued a press release and multiple guidance documents on its final rule on “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries …
On April 7, 2025, Deputy Attorney General Todd Blanche issued a memo (the “Blanche Memo”) announcing the Trump administration’s Department of Justice (“DOJ”) refocus of enforcement policies related to investigations and prosecutions of individuals and entities involved with digital assets. …
Shifting U.S. enforcement priorities may soon create a crisis in international anti-corruption efforts. For decades, the United States spearheaded those efforts through prosecutions under the Foreign Corrupt Practices Act (FCPA). On February 10, however, President Donald Trump issued an Executive …
On April 7, 2025, Deputy Attorney General Todd Blanche issued a memorandum to all Department of Justice employees (the “Memorandum”) announcing an overhaul of previous enforcement directives relating to digital assets. The Deputy Attorney General issued the Memorandum consistent with …
Given their importance to corporate governance and often impressive credentials and experience, , many directors are “busy,” meaning they hold concurrent board appointments across multiple firms. These so-called “interlocks” between companies are a growing phenomenon, but not a new one. …
On February 10, 2025, President Donald Trump signed an executive order directing the U.S. attorney general, Pam Bondi, to pause Foreign Corrupt Practices Act (FCPA) actions for 180 days until she issues revised FCPA enforcement guidance to “prioritize American interests, …
In our most recent memorandum, we predicted that President Trump’s second administration would likely entail a significant overhaul of DOJ’s agenda and enforcement priorities. Although we are less than a month into the new Trump Administration, we have already seen …
On February 5, 2025, the Office of the Attorney General issued a new policy to all Department of Justice (DOJ or Department) employees highlighting the boundaries of prosecutorial discretion with respect to charging, plea bargaining and sentencing. The policy also …
On January 7, 2025, XCL Resources Holdings, LLC (“XCL”), XCL subsidiary Verdun Oil Company II, LLC (“Verdun”), and EP Energy LLC (“EP,” and with XCL and Verdun, the “Defendants”) agreed to a record-setting civil penalty of $5,684,377 (and related behavioral …
The U.S. Supreme Court has stayed a recent district court order that preliminarily enjoined enforcement of the Corporate Transparency Act (CTA). While a separate district court ruling staying the effectiveness of the CTA’s beneficial ownership interest reporting rule (Reporting Rule) …
The Antitrust Division of the Department of Justice has updated its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. The changes bring the guidance in line with recent changes to the DOJ Criminal Division’s compliance guidance, but also …
The administration’s antitrust picks are in. President Donald Trump has nominated Gail Slater to be the assistant attorney general for antitrust and Andrew Ferguson – currently a commissioner on the Federal Trade Commission – to become the FTC chair. Upon