On April 2, 2025, a divided U.S. Supreme Court held that while the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) does not permit civil claimants to recover for personal injury, it also “does not preclude...more
The recent designation of Mexican drug cartels and other criminal organizations as Foreign Terrorist Organizations (FTOs) exposes companies to criminal prosecution for providing material support under 18 U.S.C. 2339B.
This...more
3/27/2025
/ Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Mexico ,
Popular ,
Risk Management ,
Trump Administration ,
Venezuela
In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the doctrine of Chevron deference but made clear that cases relying on Chevron’s interpretive framework remain good law subject to statutory stare decisis....more
7/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment entitles a defendant to a jury trial when the SEC seeks civil penalties for securities fraud.
The decision limits the SEC’s authority to seek civil...more
Yesterday, the United States Court of Appeals for the Fifth Circuit vacated the SEC’s Private Fund Adviser Rule in its entirety. Dechert LLP represented the Chamber of Commerce of the United States of America in filing an...more
The Supreme Court reaffirmed that agencies may not exercise sweeping powers that would fundamentally revise congressional policies absent clear statutory authorization.
The Secretary of Education’s power to “modify” the...more
On June 27, 2023, a fractured Supreme Court held in Mallory v. Norfolk Southern Railway Co. that a Pennsylvania law requiring out-of-state businesses to consent to the jurisdiction of the Pennsylvania courts as a condition of...more
U.S. Supreme Court resolves circuit split created by Ninth Circuit decision which had held that traceability not required in the context of a direct listing.
By requiring traceability, the Supreme Court cabins strict...more
A divided panel of the U.S. Court of Appeals for the Second Circuit held, on December 27, 2022, in United States v. Blaszczak (“Blaszczak II”) that an agency’s confidential, pre-decisional information did not count as...more
1/18/2023
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Fraud ,
Hedge Funds ,
Insider Trading ,
Kelly v United States ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Wire Fraud
The Third Circuit Court of Appeals ruled yesterday in United States v. Banks1 that under the U.S. Sentencing Guidelines, “loss” means only actual loss and not intended loss.
Although the term “loss” is not explicitly...more
Introduction -
In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more
7/21/2022
/ Air Pollution ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Commercial Litigation ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
The United States Court of Appeals for the Fifth Circuit issued a major decision on May 18, 2022 holding Securities and Exchange Commission (SEC or Commission) administrative adjudications unconstitutional on multiple...more
5/31/2022
/ Adjudicatory Process ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Enforcement Actions ,
Right to a Jury ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Seventh Amendment
Senators Josh Hawley and Kristen Gillibrand re-introduced new legislation on February 3, 2022, aimed at combatting the use of forced labor in supply chains worldwide. This move comes on the heels of the December 2021 passage,...more
2/17/2022
/ Biden Administration ,
Child Labor ,
China ,
Customs and Border Protection ,
Forced Labor ,
Foreign Policy ,
Foreign Relations ,
Human Rights ,
Imports ,
New Legislation ,
Proposed Legislation ,
Regulatory Agenda ,
Slavery ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
The United States District Court for the Southern District of Texas recently recognized new constitutional and extraterritorial limits on the FCPA. In an order entered November 10, 2021, the court held that it lacked...more
12/3/2021
/ Bribery ,
Constitutional Challenges ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Process ,
Extraterritoriality Rules ,
Foreign Agents ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Jurisdiction ,
Kickbacks ,
Money Laundering ,
Motion to Dismiss ,
Vagueness ,
White Collar Crimes
The U.S. Supreme Court issued a significant decision regarding the Administrative Procedure Act’s (“APA”) arbitrary-and-capricious standard. In FCC v. Prometheus Radio Project, the Court upheld a decision by the Federal...more
Yesterday, the Supreme Court issued an important decision in Ford Motor Company v. Montana Eighth Judicial District Court unanimously affirming the existence of personal jurisdiction over products liability claims by an...more
President Joseph Biden on January 20, 2021, made news with his Inauguration Day flurry of executive orders. Potentially lost in the shuffle, however, was the Executive Order on Ethics Commitments, which required “every...more
On October 21, 2020, President Donald J. Trump signed the Due Process Protections Act, S. 1380, which provides additional protections for criminal defendants’ due process right to receive material exculpatory evidence from...more
Amid escalating tensions between the United States and China over the last few years, the United States Department of Justice (“DOJ”) has formally prioritized criminal prosecutions of Chinese nationals and companies, and...more
10/29/2020
/ CFIUS ,
China ,
China Initiative ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Espionage Act ,
FBI ,
FIRRMA ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Foreign Nationals ,
Hackers ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
Presidential Elections ,
RICO ,
Trade Secrets ,
Trump Administration ,
United States
Key Takeaways -
The United States Court of Appeals for the Seventh Circuit recently issued a decision providing new guidance on how to draft amicus briefs that the court will accept for filing.
The court stressed the...more
Weeks ago, on September 14 2020, the Trump Administration made news by announcing a ban on the importation of certain products made in China’s Xinjiang region, where widespread human rights abuses—including slave labor work...more
10/6/2020
/ China ,
Compliance ,
Corporate Counsel ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Federal Bans ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Rights ,
Imports ,
Park Doctrine ,
Supply Chain ,
Trump Administration ,
US Trade Policies
With the U.S. presidential election less than 50 days away, pardon season is ramping up, and it is likely to be especially active after the election results. In our experience—one author served as a federal prosecutor, one...more
Key Takeaways
- Slave, forced, and child labor is a modern-day reality impacting some 40 million people throughout the world, by some estimates. Such practices are—and have always been—repugnant, and certainly have no place...more
8/14/2020
/ Aiding and Abetting ,
Alien Tort Statute ,
Anti-Slavery Commissioner ,
Anti-Trafficking Statutes ,
Child Labor ,
Coronavirus/COVID-19 ,
Corporate Social Responsibility ,
Criminal Code ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Forced Labor ,
Foreign Corrupt Practices Act (FCPA) ,
Human Rights ,
Immigration and Customs Enforcement (ICE) ,
Modern Slavery Act ,
Multinationals ,
Popular ,
Risk Management ,
Sex Trafficking ,
Slavery ,
Supply Chain ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act ,
Transparency in Supply Chains Act ,
UK
Following the Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court, class action defendants have arguments that there is no personal jurisdiction over non-resident class members in putative class actions brought...more
Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more
7/22/2019
/ Bilateral Agreements ,
CLOUD Act ,
Cloud Service Providers (CSPs) ,
Cloud Storage ,
Comity ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Customer Information ,
Department of Justice (DOJ) ,
ECPA ,
Electronically Stored Information ,
EU ,
Extraterritoriality Rules ,
France ,
International Litigation ,
International Treaties ,
Law Enforcement ,
Qualified Foreign Governments (QFGs) ,
Self-Reporting ,
Stored Communications Act ,
Subpoenas ,
UK ,
Warrants ,
White Papers