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In Anti-Corruption

United States: America first — A recasting of DOJ FCPA enforcement policy in the name of national security

by , , , , , , , and 8 Mins Read

The new DOJ FCPA enforcement policy emphasizes US national security and business interests, moving away from solely prosecuting bribery of foreign officials. The focus will be on bribes involving Transnational Criminal Organizations (TCOs), cartels, and those impacting US competitiveness or national security. Routine, locally accepted business practices are deprioritized. The DOJ will exercise discretion to determine if conduct genuinely impacts US interests, leaving other cases to the SEC or foreign regulators. This creates a more nuanced and unpredictable enforcement environment, with clarity expected only as enforcement patterns emerge.

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In ESG

United States: FTC and DOJ File Joint Statement of Interest in Texas-Led ESG Asset Manager Lawsuit

by , , and 7 Mins Read

On 22 May 2025, the U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ) filed a Joint Statement of Interest in a lawsuit led by the State of Texas against three large investment companies. The lawsuit, led by Texas Attorney General Ken Paxton, has been joined by 10 other states and accuses the asset managers of using their positions in climate-focused investment initiatives to manipulate coal markets, driving up the cost of energy and resulting in higher energy prices for American consumers. This action, as the DOJ publicly notes, is the first formal statement by the Agencies in federal court on the antitrust implications of common shareholdings

In Cybersecurity, Data and Tech

United States: The time is now for U.S. companies to examine their cross-border data transfers

by , and 9 Mins Read

In an era of intensifying geopolitical tensions, companies with operations in the U.S. must navigate an increasingly fragmented and national security-driven regulatory landscape governing cross-border transfers of many different types of data, including personal data and technical information used in R&D and patent filings. The US Department of Justice’s new Data Security Program (DSP) essentially prohibits US persons from making certain volumes of Americans’ personal data available to entities headquartered or residing in China (including Hong Kong and Macau), Russia, Venezuela, Iran, Cuba, or North Korea, or their subsidiaries in other countries, unless an exception applies.

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In Anti-Corruption

United States: Revised corporate criminal enforcement priorities announced by the US Department of Justice

by , , , , , , , , , and 1 Min Read

On 12 May 2025 the newly issued Criminal Division White-Collar Enforcement Plan, the Head of the US Department of Justice (DOJ)’s Criminal Division, Matthew R. Galeotti, set out the Department’s priorities for corporate criminal enforcement under the new Administration and issued a number of updated policy documents.
These changes affect the Criminal Division’s Corporate Enforcement and Voluntary Self-Disclosure Policy, its policy on the Selection of Monitors (memorialized in the Memorandum on Selection of Monitors in Criminal Division Matters, and the Whistleblower Awards Pilot Program.

In Cybersecurity, Data and Tech

United States: Retailer fined for cookie consent misconfigurations and excessive opt-out hurdles

by , , and 3 Mins Read

On 6 May 2025, the California Privacy Protection Agency (CPPA) announced an enforcement action against clothing designer Todd Snyder, Inc. to pay a fine of USD 345,178 and adopt new practices to resolve violations of the California Consumer Privacy Act (CCPA). The CPPA alleged that the retailer violated the CCPA by: (i) imposing excessive hurdles for consumer requests to opt out of third-party tracking technologies; (ii) failing to honor these requests because of misconfigurations; and (iii) failing to monitor its consent management platform.

In Product Regulation & Liability

United States: Electronic shelf labels pose myriad risks for retailers

by , and 3 Mins Read

Retailers are increasingly adopting electronic shelf labels (ESLs) to streamline pricing updates and enhance operational efficiency. ESLs offer quick price adjustments, improved accuracy, and reduced labor. However, concerns about price gouging, demographic-based pricing, and technical glitches have emerged. Lawmakers and regulators are scrutinizing the technology, emphasizing the need for businesses to consider legal risks before deployment.

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In Corporate Compliance

United States: Enforcement of CTA and BOI reporting rule suspended against US companies and citizens

by 2 Mins Read

Over the past week there have been two significant announcements by US Financial Crimes Enforcement Network and the US Department of the Treasury with respect to the filing of beneficial ownership information (BOI) reports under the Corporate Transparency Act (CTA). Based on these announcements, foreign reporting companies should technically continue complying with the BOI requirements, though there will be no consequences for failing to do so until new regulations are issued. As to domestic reporting companies, there should not be any enforcement of the CTA against such companies or consequences if such companies fail to file BOI reports.

In Anti-Corruption

United States: Practical takeaways from Recent US administration actions on FCPA enforcement

by , , , , , , , , , and 8 Mins Read

On February 10, 2025, President Donald Trump signed an Executive Order (“Order”) directing a 6-month moratorium on the enforcement of the Foreign Corrupt Practices Act (FCPA), while the Attorney General revises Department of Justice (DOJ) policies and guidelines governing FCPA enforcement. The Order instructs that these changes be made in the interest of promoting US companies’ ability to compete in foreign markets. While the Order introduces uncertainty for the future of FCPA enforcement, companies are advised to stay the course on compliance and exercise caution when considering any shifts in compliance practices and resourcing in the near term.

In ESG

United States: The False Claims Act and DEI

by , , , , , and 7 Mins Read

A Legal Tightrope for Government Contractors In brief President Trump’s Executive Order 14173 calls for the elimination of what it characterizes as “illegal” DEI programs in the federal government. In addition, by making express references to the False Claims Act, the order provides another avenue for qui tam relators to…

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