Expert Analysis

• Assessing Gary Gensler's Legacy At The SEC

  

  Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.

• 5 Factors From Biden's Final Worker Antitrust Guidelines

  

  The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.

• Calif. Cannabis Decision Deepens Commerce Clause Divide

  

  In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

• 7 Steps To Sell Corporate Leadership On Privacy Compliance

  

  In celebration of the 17th annual Data Privacy Day, compliance professionals shouldn't take no for an answer when they request funding and other support for their privacy initiatives — instead, consider new ways to get leaders on board, says Liisa Thomas at Sheppard Mullin.

• Takeaways From DOJ Fraud Section's 2024 Year In Review

  

  Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.

• 4 Employment Law Areas Set To Change Under Trump

  

  President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

• A Defendant's Guide To 4 Common CFPB Discovery Tactics

  

  With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.

• Recent SEC Actions Highlight Importance Of Filing Form D

  

  The U.S. Securities and Exchange Commission's enforcement action against three companies last month for failing to timely file Form D is an unprecedented step that should put an end to Regulation D issuers' views that filing these forms is a technical requirement or somewhat voluntary, says Patrick McCloskey at McCloskey Law.

• Recent Suits Show Antitrust Agencies' Focus On HSR Review

  

  The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

• The 7th Circ.'s Top 10 Civil Opinions Of 2024

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

• Private-Bidding Compliance Lessons From Siemens Plea Deal

  

  Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

• Kansas Bank's Suit Could Upend FDIC Enforcement Authority

  

  ​​​​​​​Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.

• 10 Key Worker-Friendly California Employment Law Updates

  

  New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

• FTC Report On AI Sector Illuminates Future Enforcement

  

  The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

• End-Of-Year FCPA Enforcement Surge Holds Clues For 2025

  

  The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.