This is the sixth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed ESG initiatives by the SEC.  Up next will be a close look at pandemic-related fraud. As expected, the Biden presidency has brought new leaders to the top posts of the Department of Justice (DOJ).  What does this mean for False Claims Act (FCA)…

This is the fifth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed investigations under the new Congress.  Up next, a deep dive on liability under the False Claims Act. As the Biden Administration began to take shape, many observers (including here at Foley Hoag) predicted that the SEC would move toward requiring standardized disclosures by…

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next, SEC on ESG Risk Disclosure – Moving From “If” to “How”.  With President Biden in the White House and Democrats controlling both chambers of Congress, the private sector should expect increased scrutiny through congressional investigations used to probe perceived…

This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends. Up next, congressional inquiries. Anti-Corruption Enforcement Under the Biden Administration The FCPA Will Remain an Enforcement Priority As evidenced by the nearly $2.8 billion in monetary remedies collected by the Department of Justice (DOJ) and the Securities and…

This is the second in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed SEC enforcement. Up next, anti-corruption trends. The recent change in administrations has generated much discussion about what to expect in the worlds of export controls and sanctions in 2021.  In general, we expect many of the same priorities from 2020, including a focus…

Editors’ Note: With the advent of the Biden presidency, we invite you to join us as we examine important trends in white collar law and investigations. Our first entry takes a closer look at SEC enforcement. Up next: a review of sanctions and export controls. We’ll be posting on a variety of subjects in the days and weeks ahead as we count down the first 100 days. As has been widely reported, the Biden Administration’s…

On January 11, 2021, the U.S. Supreme Court vacated the 2019 decision of the U.S. Court of Appeals for the Second Circuit in United States v. Blaszczak,[1] which substantially broadened the scope of criminal insider trading liability, and remanded the case to the Second Circuit for further consideration in light of the Supreme Court’s decision last year in Kelly v. United States.[2] The Second Circuit held in Blaszczak that the government’s often challenging burden under the Securities Exchange Act to…