The Trump Administration’s handling of antitrust enforcement issues is generally viewed as a wild-card — meaning there are issues of concern or focus that may not fit the “traditional” antitrust enforcement model. Depending on the issue and the players, DOJ’s antitrust interest may surprise various practitioners and commentators. Trump’s nomination of Gail Slater as DOJ’s Assistant Attorney General for the Antitrust Division was universally praised...

With all of the hoopla and hysteria focused on AI and information systems, Threat.Digital, a long-time affiliate of The Volkov Law Group, Chris Focacci, CEO of Threat Digital, is a technology leader.  Chris has the ability to explain practical application of AI technology, due diligence and information systems.  He is a terrific resource and I urge all interested parties to reach out and speak with...

The new world of AI presents significant benefits and risks that need to be addressed in an overall governance framework.  Luckily, the principles to apply here will surprise no one — governance, compliance, legal and risk professionals will quickly adapt well-known principles to the new frontier of AI. Starting at the Board level, AI oversight responsibility should be assigned a dedicated board committee, such as...

Well, let’s all admit it — we have all enjoyed using the new, hot technology, AI.  It is an understatement to opine that AI is transforming our world, business and personal.  This development compares to the 1990s and the impact of the Internet.  Many of us are early users of AI, finding it a welcome alternative or supplement to Internet research tools.  Businesses are quickly...

In the first FCPA declination under the Trump Administration, Liberty Mutual Insurance Company paid $4.7 million in disgorgement and received a declination letter from the Department of Justice. The declination reflects consistent application of the existing Corporate Enforcement Policy.  While DOJ has issued new guidance on FCPA enforcement reflecting its revised priorities, DOJ’s declination does not reference or incorporate any ideas from the guidance.  Instead,...

Well, we are in a new era — a fundamental change has occurred, long in the making.  National security and trade enforcement have coalesced to elevate trade risks — sanctions and export controls violations will be prosecuted aggressively by DOJ with the support and coordination with relevant regulatory agencies — OFAC, BIS, and DTCC.  My focus has not been to instill fear and knee-jerk reactions...

It takes something more than intelligence to act intelligently — Fyodor Dostoevsky Criminals are not as smart as they think they are.  There is nothing so unique that elevates a scheme into the ethereal world of brilliance.  The schemes get to be “typical” and the means by which they are executed are often fairly obvious. In most white collar cases, criminals are often sociopaths or...

DOJ’s initiation of its aggressive trade enforcement strategy is quickly unfolding — and the new strategy is a real and significant threat to all companies engaged in international trade.  We are no longer in the era of FCPA enforcement; we are entering the new world of aggressive trade enforcement which is pinned to national security issues.  Few companies have recognized this fundamental shift in DOJ’s...

NAVEX dominates the hotline market.  Given its global footprint, NAVEX has access to a large database of employee reports.  Building on this unique perspective, NAVEX provides an annual report analyzing the employee reporting data and identifying important trends. On June 3, 2025, NAVEX released its 2025 Regional Whistleblowing & Incident Management Benchmark Report.  NAVEX analyzed 2.15 million reports — the highest level ever.  Its 2024 report...

The ethics and compliance field has been tested during the transition to the Trump Administration.  Some have held on to the mantra — No Change — to respond to the changes in the role of the federal government, enforcement priorities and expectations. Let me offer a little more nuanced response to the current situation.  I agree that a company cannot respond to changes in enforcement...