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    Mar. 12, 2025

FCPA Executive Order: The Future of U.S. Enforcement

When President Donald Trump issued his executive order pausing enforcement of the FCPA, many practitioners were taken by surprise. Now that the dust has settled some, and pending further guidance from AG Pam Bondi on what enforcement will look like going forward, it is time for companies to decide how to react, if at all, to the news. The Anti-Corruption Report spoke with numerous practitioners – both on and off the record – to understand the current state of play and whether companies should adjust their compliance programs. This first article in a two-part series examines the ways that U.S. enforcement will be impacted, both in the near term and further down the line. The second article will cover international enforcement and whether companies should pull back on compliance. Spoiler alert: they should not. See “Executive Order Presses Pause on FCPA Enforcement” (Feb. 12, 2025).

2025 LRN Effectiveness Survey Finds Lags in Third-Party Diligence

Corporate compliance teams have to navigate internal challenges, such as perception gaps between different levels of seniority and between generations. At the same time, many companies’ compliance programs are failing to keep up with third-party and supply-chain risks – and the related regulatory requirements. These are among the findings of the 2025 Ethics & Compliance Program Effectiveness Report – Caught in the Middle, published by LRN. This article distills the study’s findings and includes insights provided to the Anti-Corruption Report by LRN chief advisory officer Ty Francis. See “Survey Finds Increased Value in Having a Culture of Compliance” (Feb. 26, 2025).

How Ericsson Made Compliance Training Must-See TV

Most compliance training is thought of as dry and boring, but if packaged as a dramatic TV show, it can excite and engage employees, according to compliance experts at a company that has seen and reformed its fair share of compliance issues. During the 2024 Compliance & Ethics Institute hosted by the Society of Corporate Compliance and Ethics, Kelly Sargeant, Ericcson’s global head of compliance training and communications, and Vidya Krishnan, its global chief learning officer, explained how their narrative approach to training combines multiple training subject areas into a single package without a prohibitive price tag. They also explained how, once a program is up and running, a combination of artificial intelligence and staff contributions can make it ever more efficient. See “Rethinking Click-Through Training: The Pluses and Minuses” (Feb. 26, 2025).

Present and Former SEC Officials Discuss Strategy, Testimony, Proffers and Negotiations

Although the new Trump administration is widely expected to favor business interests and ease regulatory burdens, the SEC is sure to continue its work rooting out misconduct in the financial markets. At this year’s Securities Enforcement Forum New York, a panel of present and former SEC attorneys discussed the critical stages of an investigation by the SEC Division of Enforcement. They offered guidance on preparing for initial contact with SEC staff; avoiding friction during the course of an investigation; preparing for interviews and on-the-record testimony; obtaining reverse proffers by the SEC; and managing the Wells process, negotiations and settlements. This article distills the key takeaways from the program. See “SEC Enforcement Director Grewal Emphasizes Benefits of Cooperation” (Sep. 25, 2024).

AI Meets GDPR: Mitigating Risks and Scaling Compliance in the Development and Deployment of AI Models

The European Data Protection Board opinion 28/2024 (Opinion), on the processing of personal data in the context of artificial intelligence (AI) models, conveys a clear message that entities developing and deploying these models need to take a proactive, risk-based approach to data protection. Companies subject to the E.U. General Data Protection Regulation (GDPR), as well as emerging regulations in various U.S. jurisdictions, face challenges in complying with ever complex layers of legal requirements. This second article in a two-part series covering the Opinion offers best practices for controllers when processing personal data in the context of AI development and deployment, suggests strategies for navigating the regulatory landscape, and examines the Opinion’s impact in the broader AI and privacy legal arena. It includes practical insights from A&O Shearman, Bird & Bird, McDermott Will & Emery, Morrison Foerster and Steptoe. Part one discussed significant elements of the Opinion and its implications for entities subject to the GDPR. See “CJEU Decision Adds Antitrust Regulators as New GDPR Concern for Companies” (Aug. 16, 2023).

Nicole Argentieri Joins Cravath in New York

Nicole Argentieri has joined Cravath’s New York office as a partner and member of the firm’s investigations and regulatory enforcement practice. Argentieri most recently served as the DOJ’s Acting Assistant AG for the Criminal Division. For commentary from Argentieri, see our three-part series on the DOJ’s 2024 edits to the ECCP: “Some History and AI Expectations” (Nov. 6, 2024), “Data Analytics to Find Risks and Measure Effectiveness” (Nov. 20, 2024), and “Speaking Up, Compliance Resources and Lessons Learned” (Dec. 4, 2024).

Gibson Dunn Welcomes Former BIS Official

Gibson Dunn has welcomed Matthew Axelrod to its Washington, D.C., office as a partner in the white collar defense and investigations practice group and as co-chair of its new sanctions and export enforcement practice group. He joins from the Department of Commerce’s Bureau of Industry and Security (BIS), where he served as Assistant Secretary for Export Enforcement. For commentary from Axelrod, see “Are Recent Export Controls Enforcement Actions Low-Hanging Fruit or a New Wave of Prosecutorial Zeal?” (Sep. 25, 2024).

Holland & Knight Strengthens Litigation Practice in Philadelphia

Holland & Knight has announced the addition of Peter Hardy as a partner in its litigation practice in Philadelphia. Hardy arrives from Ballard Spahr. For commentary from Hardy, see “Navigating the Intersection of Digital Assets and AML” (Jul. 20, 2022).

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Women to Watch: Contributions, Achievements and Observations of Outstanding Female Professionals

To mark International Women’s Day, women editors and reporters at ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Law Report Group editors Jill Abitbol, Robin L. Barton and Megan Zwiebel profile notable women in data privacy, cybersecurity, private funds and anti-corruption law, including Anne-Gabrielle Haie, Jessica Lee, Micaela McMurrough, Laura Perkins, Amanda Raad, Madelyn Calabrese, Ranah Esmaili and Genna Garver. Enjoy reading their inspiring remarks here.