Join host Kevin Muhlendorf for an insightful conversation with Albert "BJ" Stieglitz, a former federal prosecutor with unique cross-border expertise. In this episode, BJ shares his experiences from his time at the UK Serious...more
Late on February 10, President Trump ordered Attorney General Pam Bondi to “pause” new Foreign Corrupt Practices Act (FCPA) enforcement for 180 days while the U.S. Department of Justice (DOJ) refocuses criminal enforcement of...more
2/13/2025
/ Anti-Corruption ,
Attorney General ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Investigations ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
White Collar Crimes
On February 4, President Trump’s Crypto Czar, David Sacks, held a press conference on Capitol Hill to discuss the new Administration’s plans for cryptocurrency regulation. Sacks was joined by Senate Banking Committee Chairman...more
2/6/2025
/ Bitcoin ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Executive Orders ,
Financial Services Industry ,
FinTech ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Trump Administration
After years of regulatory uncertainty, the highly anticipated federal government changes in support of digital assets are beginning to take shape under President Trump. This week brought two big announcements – an Executive...more
On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more
12/24/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Board of Directors ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
En Banc Review ,
Environmental Social & Governance (ESG) ,
Nasdaq ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Vacated
As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,...more
11/13/2024
/ Artificial Intelligence ,
Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Ethics ,
Federal Contractors ,
Federal Election Commission (FEC) ,
Healthcare ,
International Trade ,
National Security ,
Presidential Elections ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
USTelecom
In the second installment of this two-part interview, host Kevin Muhlendorf continues the conversation on the complexities of parallel investigations with Brian Young, Director of the Whistleblower Office at the Commodity...more
Continuing its controversial and aggressive approaches to cybersecurity, the U.S. Securities and Exchange Commission (SEC) recently charged four current and former public companies for purportedly “materially misleading...more
11/5/2024
/ Civil Monetary Penalty ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Disclosure Requirements ,
Dissenting Opinions ,
Enforcement Actions ,
Form 8-K ,
Misleading Statements ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC)
In the first installment of this two-part interview, host Kevin Muhlendorf sits down with Brian Young, Director of the Whistleblower Office at the Commodity Futures Trading Commission (CTFC) to discuss the complexities of...more
The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more
In this episode of Wiley's Government Contracts Podcast, Kevin Muhlendorf, a partner in Wiley’s White Collar and Defense & Government Investigations practice, discusses the critical intersection of compliance in government...more
Welcome to the Parallel Proceedings Podcast, hosted by Kevin Muhlendorf, a partner in Wiley’s White Collar & Government Investigations Practice who also leads the firm’s Securities Enforcement and Litigation Team. Kevin, a...more
The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more
On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who...more
In a broadside to in-house agency adjudications, the U.S. Supreme Court affirmed the constitutional right to a jury trial for defendants in Securities and Exchange Commission (SEC) enforcement proceedings seeking civil...more
7/3/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment
On June 24, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (Corp Fin) added to its Compliance and Disclosure Interpretations (C&DI) related to disclosure of Material Cybersecurity...more
Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews. On June...more
On October 7, 2023, California Governor Gavin Newsom signed two new climate reporting bills into law: Senate Bill (SB) 261, Greenhouse gases: climate-related financial risk and SB 253, the Climate Corporate Data...more
What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more
Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more
8/2/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
In today's interconnected world, the realms of Environmental, Social, and Governance (ESG) and political law have become inextricably entwined, shaping the landscape of responsible business practices and governmental...more
In speeches at this year’s annual American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite outlined the latest revisions to the...more
At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more
3/1/2023
/ Bring Your Own Device (BYOD) ,
Clawbacks ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OIG ,
Self-Disclosure Requirements
Last Tuesday, the Department of Justice (DOJ) announced the most recent modifications to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) in an effort to further encourage companies to...more