On February 10, 2025, President Trump signed Executive Order 14209, instructing the Department of Justice (“DOJ”) to pause all enforcement actions under the Foreign Corrupt Practices Act (“FCPA” or the “Act”), the penultimate vehicle for foreign business corruption prosecution in the U.S. (Todd Blanche, Department of Justice). However, on June 9, 2025, Deputy Attorney General Todd Blanche released a memorandum announcing that the DOJ would resume enforcing the FCPA, albeit with a new approach that will tailor enforcement to cases that protect the interests of U.S.-based firms. Id.; (Chris Prentice, Reuters). This article examines the Executive Order that paused FCPA enforcement and the DOJ’s new approach to its enforcement.
Read MoreThe Corporate Transparency Act (“CTA” or “the Act”) is back in force after the Supreme Court granted the Justice Department’s (“DOJ”) application to stay a nationwide enjoinment of the act. (John Woolley & Tristan Navera, Bloomberg). The stay comes during the case Texas Top Cop Shop, Inc. v. Garland where a Federal District Court in Texas granted the plaintiff’s motion for preliminary injunction against the Act. Texas Top Cop Shop, Inc. v. Garland, No. 4:24-CV-478, 2024 WL 4953814 (E.D. Tex., Dec. 3, 2024). This article examines the background and consequences of the CTA as well as political factors that may influence the Act’s future.
Read MoreCapital One began its acquisition of Discover Financial Services (“Discover”) for $35 billion, a merger that must clear Federal Deposit Insurance Corporation (“FDIC”) guidelines as well as garner Department of Justice (“DOJ”), Federal Reserve and Office of the Comptroller of the Currency (“OCC”) approval. (Evan Weinberger & Justin Wise, Bloomberg). On September 17, 2024, these entities announced certain new merger policies, signaling heightened scrutiny of the potential acquisition. Id. These government agencies are reviewing the deal to ensure that the merger is not only compliant with regulations but can tangibly benefit consumers. Id. This article examines the history and legal challenges of the merger, the new merger policies announced, and the consequences of the merger’s success or failure.
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