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    Dec. 3, 2025

FirstEnergy: Reaffirming Upjohn’s Approach to Privilege in Internal Investigations

Most white-collar lawyers practicing today are familiar with the seminal 1981 decision in Upjohn Co. v. United States and its explanations of how privilege works in investigations, but several lower court decisions in recent years have muddied the waters. In October 2025, the U.S. Court of Appeals for the Sixth Circuit issued a decision in In re: FirstEnergy Corporation (Decision) clarifying the applicability of the attorney-client privilege and work product doctrine in corporate investigations, letting many practitioners breathe a sigh of relief. This first article in a two-part series analyzes the Decision and offers insights on its implications for future corporate investigations. The second article will lay out current best practices for preserving privilege in internal investigations in light of the Decision. See “Loose Lips Sink Ships: Maintaining Confidentiality in Investigations” (Nov. 20, 2024).

How to Adjust Internal Reporting for the DOJ Antitrust Whistleblower Era

When the DOJ Antitrust Division launched its first whistleblower reward program (AWB Program) in July 2025, it created a powerful incentive for employees and third parties to report potential antitrust crimes directly to the government. In this guest article, Pillsbury partner Mark Krotoski and attorney Vinny Sidhu explain the mechanics of the AWB Program and how it interacts with other whistleblower reward programs, highlight how companies should reassess the structure and function of their internal reporting systems, and provide a framework for how companies should think about self-reporting possible antitrust issues because of the AWB Program. See our two-part series on the DOJ’s Corporate Whistleblower Awards Pilot Program: “A Look at Forfeiture and Culpability” (Aug. 14, 2024), and “Exclusions, NDAs and Goals” (Sep. 11, 2024).

AlixPartners Survey Demonstrates the Need for Proactive and Integrated Compliance

In an AlixPartners survey (Survey) of 1,000 legal and compliance leaders around the world, over 60% of respondents said their organizations are inadequately prepared to manage a range of risks – from a surge in financial crime and corporate litigation to artificial intelligence vulnerabilities, to emerging geopolitical and regulatory hurdles. In this guest article, Susan Markel and Lisa Osofsky of AlixPartners draw on the findings in the Survey and take a closer look at the critical risk areas facing global businesses – including bans on Mexican banks and the firehose of data complicating corporate litigation – as well as high-level best practices for managing them effectively. See our two-part series “The FCPA Lives”: Targeting the TCO Ecosystem (Jul. 30, 2025), and Protecting American Interests (Aug. 13, 2025).

Benchmarking AI Uptake by Compliance Functions

Despite the pace of artificial intelligence (AI) adoption across the financial services landscape, many organizations remain unclear about how their peers are applying the tool and navigating its risks. To address the uncertainty, ACA Group, in cooperation with the National Society of Compliance Professionals, surveyed nearly 250 firms and compliance professionals and released the findings in its second annual AI benchmarking report (Report). The Report covers firms’ ever-increasing adoption of AI, how firms are using AI, the key risks associated with AI and how firms are seeking to mitigate those risks. This article synthesizes the key takeaways from the Report and a webinar reviewing the survey’s key findings. See “Risk and Compliance Survey Highlights the Role of Compliance in AI Governance” (Oct. 22, 2025).

Touring California’s New Dashboard for Permanent Erasure of Personal Information

The California Privacy Protection Agency (CPPA) has unveiled a privacy dashboard that allows consumers to request deletion of their personal information from all data brokers in one swoop. The Delete Request and Opt-Out Platform (DROP) also includes a more complicated dashboard for data brokers, which reflects the many detailed steps brokers must take to fulfill their obligations to process deletion requests every 45 days, starting in August 2026. This article examines how DROP will work for both consumers and data brokers and presents hurdles that could impact functionality for each. See “CPPA’s Tractor Supply Decision Offers Lessons As Enforcement Focus Moves From Education to Deterrence” (Nov. 19, 2025).

Investigations Partner Strengthens Barnes & Thornburg’s White-Collar Practice

Margot Laporte has joined Barnes & Thornburg as a partner in its litigation department in Washington, D.C., bolstering the firm’s white collar, compliance and investigations practice. She arrives from Dorsey & Whitney. For commentary from Laporte, see “Obligations Linger Despite Freepoint’s Settlements With DOJ and CFTC” (Aug. 28, 2024).

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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.