Expert Analysis

• How Courts Are Clashing Over FinCEN Real Estate Rule

  

  A Texas federal court's recent decision in Flowers v. Bessent has vacated the Financial Crimes Enforcement Network's anti-money laundering rule for residential real estate transfers, but significant uncertainty remains due to the ruling's direct conflict with other recent federal court decisions, say attorneys at Katten.

• Mapping Philly US Atty's White Collar Enforcement Push

  

  Attorneys at Blank Rome discuss the U.S. Attorney for the Eastern District of Pennsylvania David Metcalf’s commitments and priorities, survey early results from his first year, and suggest practical action items for companies operating under the office's jurisdiction.

• Opinion

  Exxon's Retail Voting Program Is A Trap For Retail Investors

  

  The U.S. Securities and Exchange Commission approved Exxon Mobil's first-of-its-kind proxy voting program last September, but ahead of the company's annual shareholder meeting next month, it's clear that retail shareholders have delegated their voice to the entity their vote exists to check, says Christina Sautter at Southern Methodist University.

• Structuring Bank-Fintech Ties To Avert Risk

  

  Bank-fintech relationships that can hold up to recent increased scrutiny must take into account a broad swath of structuring considerations including due diligence, compliance, documentation, and planning for a potential wind-down and termination, say attorneys at Nelson Mullins.

• What DOL Proposal Signals For 401(k)s, Alternative Assets

  

  The U.S. Department of Labor recently published a highly anticipated proposed rule that could establish more defined pathways for 401(k) plan fiduciaries to consider investment options with greater alternative asset exposure, and help fund sponsors and investment managers develop such options, say attorneys at Cleary.

• DOJ's Superseding Policy Muddies Trade Crime Disclosures

  

  The U.S. Department of Justice’s first agencywide voluntary self-disclosure policy is intended to standardize approaches across DOJ components, but the shift may prove difficult in trade controls cases under the National Security Division, which has long viewed sanctions and export control offenses as uniquely serious, say attorneys at Covington.

• SEC's Enforcement Slowdown May Raise Oversight Questions

  

  After six months of enforcement activity, it's clear that fiscal year 2026 will see an unprecedented decline in U.S. Securities and Exchange Commission enforcement activity relative to past years, but whether the SEC will be viewed as sufficiently policing the securities markets at the end of the fiscal year is more uncertain, say attorneys at Covington.

• How Food, Beverage Claims May Preview Cosmetic Litigation

  

  Class action litigation targeting cosmetics and personal care products is accelerating, with a playbook that comes from the food and beverage industry — and the defenses that succeeded, and failed, in past class actions offer a critical road map for beauty and personal care brands, say attorneys at Crowell.

• Steps To Consider As DOJ Launches Fraud Division

  

  The establishment this month of the National Fraud Enforcement Division within the U.S. Department of Justice is a significant reorganization that suggests an increase in enforcement activity involving federally funded programs but leaves a number of important questions unanswered, say attorneys at Crowell & Moring.

• Court's HRSA Policy Reversal Leaves 340B Rules Murky

  

  A D.C. federal court's recent decision in Premier v. U.S. Department of Health limits the Health Resources and Services Administration's ability to enforce long-standing Section 340B interpretations through subregulatory guidance, leaving open core statutory questions about purchasing models, inventory classification and program oversight, says Martha Cramer at Hooper Lundy.

• What We Did And Didn't Learn From DOJ's 1st Illegal DEI Deal

  

  IBM's recent $17 million deal with the U.S. Department of Justice marks the first resolved False Claims Act enforcement action under the Civil Rights Fraud Initiative, and while it validates the core of the government's FCA antidiscrimination enforcement road map, it leaves its most aggressive theories untested, say attorneys at Nutter.

• What Cos. Must Know As Energy Star Shifts To DOE Oversight

  

  Congress saved the Energy Star program last year despite the Trump administration's attempt to defund it — but as its management shifts from one federal agency to another, industry participants need to track what's changing to stay abreast of compliance obligations, say attorneys at HWG.

• What To Expect From The SEC's New SOX Group

  

  In a potential shift away from Public Company Accounting Oversight Board enforcement, the U.S. Securities and Exchange Commission's formation of a new group to investigate and litigate potential violations of the Sarbanes-Oxley Act brings both risks and benefits for auditors, say attorneys at King & Spalding.

• Contract Language Reigned Supreme In Bancorp Dismissal

  

  A Minnesota federal court's recent dismissal of claims over U.S. Bancorp's cash sweep program underscores that clear contractual disclosures hold weight in class actions, demonstrating the power of contract language that plainly indicates terms, fiduciary limits and institutional benefits to customers, says Quin Seiler at Winthrop & Weinstine.

• Why Justices Seem Skeptical Of Curbing SEC Disgorgement

  

  Sripetch v. U.S. Securities and Exchange Commission presents an opportunity for the U.S. Supreme Court to clarify the disgorgement limits it set six years ago in Liu v. SEC, with recent oral arguments suggesting the court sees disgorgement as an equitable remedy akin to unjust enrichment, say attorneys at Hueston Hennigan.