Category Archives: Enforcement

Extracting Value Amid Rising Risk: Compliance and M&A Pressures in the Global Resources Sector

by T. Markus Funk, PhD, Stephen Shergold, David Lewis, and Allan Taylor

photos of authors

Left to Right: T. Markus Funk, Stephen Shergold, David Lewis and Allan Taylor (Photos courtesy of White & Case LLP)

The natural resources extraction industry—spanning mining, oil and gas, and critical minerals—faces an increasingly complex compliance, legal and regulatory environment. Over the next three years, operators will encounter heightened scrutiny across environmental, social and governance (ESG) domains, as well as greater geopolitical and enforcement risks.

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SEC Chairman Announces Reforms to Wells Process and Settlement Procedures

by Courtney Andrews, Darryl Lew, Tami Stark, and Olivia Hussey

Photos of authors.

Courtney Andrews, Darryl Lew, Tami Stark, and Olivia Hussey (Photos courtesy of White & Case)

On October 7, 2025, U.S. Securities and Exchange Commission (“SEC” or “Commission”) Chairman Paul S. Atkins announced procedural reforms aimed at enhancing fairness and transparency in the agency’s enforcement program.[1] Chairman Atkins emphasized that the reforms focus on the SEC’s three-part mission: to protect investors; to maintain fair, orderly, and efficient markets; and to facilitate capital formation. These changes will have implications for companies and individuals facing potential enforcement actions.

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Federal Trade Commission Enforcement Action Suggests it Will Treat Employee Non-Competes as “Inherently Suspect”

by Bilal Sayyed

Bilal Sayyed (Photo courtesy of Cadwalader, Wickersham & Taft LLP)

The rule prohibiting the enforcement and use of employer-employee non-compete agreements (“Rule”) is dead. In September, the Federal Trade Commission (“FTC” or “Commission”) “took steps to dismiss its appeals in Ryan LLC v. FTC (5th Cir.) and Properties of the Villages v. FTC (11th Cir.) and to accede to the vacatur of the Non-Compete Clause Rule.” Federal Trade Commission Files to Accede to Vacatur of Non-Compete Clause Rule (Sept. 5, 2025).  The two appellate courts have granted the Commission’s requests for dismissal. Continue reading →

Beware the Tariff DDP Trap: Managing Hidden Import Liabilities Before They Bite

by Jonny Frank and Jerry McAdams 

Photos of authors

Left to right: Jonny Frank and Jerry McAdams  (photos courtesy of StoneTurn Group, LLP)

Looking to mitigate tariffs, companies are purchasing foreign products through Duty Paid (“DDP”) transactions marketed by foreign suppliers as turnkey solutions.  DDPs promise efficiency but often deliver exposure. Under U.S. law, the importer—not the supplier—remains legally responsible for accurate customs declarations, tariff payments, and regulatory compliance. When suppliers cut corners or game the system, the importer inherits the fallout, including potential Customs Border Protection (“CBP”) penalties, DOJ criminal prosecution and False Claim Act (“FCA”) exposure.

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DOJ Defines “Illegal DEI,” Warns Recipients of Federal Funds to Take Notice

by Adam S. Hickey, Marcia E. Goodman, Ruth Zadikany, and Hiral D. Mehta

Left to right: Adam S. Hickey, Marcia E. Goodman, Ruth Zadikany, and Hiral D. Mehta (photos courtesy of Mayer Brown)

On July 29, 2025, U.S. Attorney General Pam Bondi issued Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (the “Guidance”). Following the creation of the Civil Rights Fraud  Initiative by the Department of Justice (“DOJ”), and joint guidance issued by DOJ and the U.S. Equal Employment Opportunity Commission (“EEOC”) on “unlawful DEI-related discrimination“, the Guidance is the most tangible guidance released to date on what the administration views as “illegal DEI” and a likely roadmap for DOJ’s False Claims Act (“FCA”) investigations under the Civil Rights Fraud Initiative.

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Second Circuit Reinstates FIFA Bribery Convictions, Reviving Honest Services Fraud Prosecutions for Foreign Commercial Bribery

by David A. Last, Rahul Mukhi, Victor L. Hou, Lisa Vicens, Matthew M. Yelovich, and Sarah Pyun

From left to right:  David A. Last, Rahul Mukhi, Victor L. Hou, Lisa Vicens, Matthew M. Yelovich, and Sarah Pyun (photos courtesy of Cleary Gottlieb Steen & Hamilton LLP)

In a significant decision with broad implications for companies and individuals operating internationally, the U.S. Court of Appeals for the Second Circuit has reversed the acquittal of a former media executive and a sports marketing company in the long-running FIFA bribery investigation.[1]  The ruling reinstates jury convictions for honest services wire fraud and money laundering conspiracy, holding that the federal honest services fraud statute, 18 U.S.C. § 1346, can apply to foreign commercial bribery schemes.[2]

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DOJ Civil Division Prioritizes Illegal DEI

by Jennifer Loeb, Austin Evers, Grace Bruce, and Young Park

From left to right: Jennifer Loeb, Austin Evers, Grace Bruce, and Young Park (photos courtesy of Freshfields Bruckhaus Deringer LLP)

Combatting “illegal” Diversity, Equity and Inclusion (DEI) remains a “Day One” priority in Washington. President Trump issued executive orders on DEI on his first day in office. Attorney General Bondi likewise issued her own memos on her first day at the Department of Justice. And now, the new head of the Department of Justice’s Civil Division has followed suit and issued his own memo on his first day, marking DEI-related topics as two of the Division’s top five priorities. This is yet another indicator that the administration appears to be shifting into the enforcement phase of its DEI reset. Health care and life sciences companies have particular reason to take note.

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Supreme Court Upholds Expansive Reading of Wire Fraud Statute

by David A. Last, Rahul Mukhi, Joon H. Kim, Matthew M. Yelovich, and Michael Cronin

From left to right: David A. Last, Rahul Mukhi, Joon H. Kim, Matthew M. Yelovich, and Michael Cronin (photos courtesy of Cleary Gottlieb Steen & Hamilton LLP)

On May 22, 2025, the Supreme Court unanimously upheld the wire fraud conviction of a government contractor in Kousisis v. United States, rejecting the argument that federal wire fraud requires proof of economic loss to the victim. In so holding, the Court endorsed the “fraudulent inducement” theory of wire fraud, marking a victory for federal prosecutors after several recent decisions that narrowed the scope of federal fraud statutes. This decision takes on added significance given the current administration’s renewed emphasis on False Claims Act (“FCA”) enforcement, as companies now face heightened exposure under both criminal fraud and civil FCA theories for false representations to government agencies, even absent demonstrable financial harm.

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New Orders Lifting Bars Signal Shift by SEC

by Joel M. Cohen, Ladan Stewart, and Robert DeNault

Photos of the authors

Left to right: Joel M. Cohen, Ladan Stewart, and Robert DeNault (photos courtesy of White & Case LLP)

In recent months, the U.S. Securities and Exchange Commission has signaled a shift in its approach to applications to lift administrative bars that restrict participation in the securities industry.  This suggests there is presently a window of opportunity for individuals subject to temporary or permanent bars to seek relief from the Commission.  Along the same lines, we expect the Commission to be more open to applications for waivers from statutory disqualifications triggered by many SEC orders.

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A Step Towards Transparency Or The Devil Is In The Detail? Analysing The Effectiveness Of The SFO’s New Corporate Guidance

by Jonah Anderson, Neill Blundell, Anneka Randhawa, and Phil Taylor

Photos of the authors

From left to right: Jonah Anderson, Neill Blundell, Anneka Randhawa and Phil Taylor (photos courtesy of White & Case LLP)

More than a decade ago, the concept of the Deferred Prosecution Agreement (DPA) became part of UK law. Ever since, there has been considerable uncertainty as to exactly what conditions a company needs to meet in order to be given the chance to enter into a DPA. Continue reading →