Mar. 25, 2026

Compliance Reps and Warranties: Definitions and Goals

With compliance priorities at the federal, state and international levels in a state of flux, companies are finding that private contractual relations with business partners and third parties are a critical piece of maintaining continuity. In this four-part article series, the Anti-Corruption Report takes a fresh look at compliance representations and warranties. This first article provides key definitions and looks at why these contract provisions still matter, how they become outdated and what they reveal about corporate culture. The second article will cover negotiation strategies. Part three will address how companies can verify compliance with contract provisions and enforce rights in the event of a breach. The final article will explore how compliance representations and warranties evolve as risks shift. See “Assessing the Criminal Division’s New Enforcement Focuses” (Jun. 18, 2025).

Tool or Third Party? Courts Differ on AI’s Role in Privilege and Work-Product Protections

Two recent U.S. federal court decisions reached opposite conclusions on whether interactions with generative AI platforms are protected by attorney‑client privilege or the work‑product doctrine. In the Southern District of New York, in United States v. Heppner, Judge Jed Rakoff ruled that a criminal defendant’s exchanges with Claude were not protected. Yet, in the Eastern District of Michigan, in Warner v. Gilbarco, Inc., Magistrate Judge Anthony Patti held that documents and information related to a pro se plaintiff’s use of ChatGPT were shielded from discovery. This article parses the courts’ analyses, examines the implications of this developing body of case law and offers practical takeaways regarding protections of AI inputs and outputs. See our two-part series on the FirstEnergy privilege decision: “Reaffirming Upjohn’s Approach to Privilege in Internal Investigations” (Dec. 3, 2025), and “Best Practices for Preserving Privilege in Internal Investigations” (Dec. 17, 2025).

Insights From Cisco on Using AI to Modernize Risk Assessments

Enterprise-wide compliance risk assessments – which traditionally have been slow and resource-intensive – can be made much more useful with the help of AI and data management. Modern methods of risk assessment are better able to meet regulatory and legal expectations, offer more useful results, and can automatically incorporate changes in risk over time. During a recent panel discussion at the SCCE AI & Compliance Conference Series, experts from Cisco Systems discussed these issues and offered guidance on how compliance teams can best use AI for compliance risk assessments. This article summarizes their insights. See “Risk Assessment for Trump 2.0: Employing Data and Emerging Technologies” (Dec. 31, 2025).

Survey Suggests Seven Practical Tips for Increasing Hotline Effectiveness

A company’s ethics hotline can provide insightful information about employee sentiment and trouble that might be looming around the corner. As a result, more and more companies are finding it helpful to integrate hotline data into risk management processes. Mitratech’s 2026 State of Ethics Hotlines Report (Report) indicates that, while the volume of hotline reports remained steady after several years of rapid growth, areas of focus and concern are shifting. In a recent webinar, Mitratech officers analyzed the findings in the Report to provide seven practical tips for increasing hotline effectiveness. This article distills their insights. See “Insights From Whistleblowers on How to Foster a Speak‑Up Culture” (Oct. 22, 2025).

Contracting With Vendors to Mitigate Third-Party AI Risk

When companies and law firms purchase an AI tool from a vendor, they need to consider the risks and controls they can put in place to mitigate them. They will have no control over associated risks unless their contracts with those vendors provide such rights. “Your AI governance program cannot work unless the vendor agreement gives the rights needed to enforce that governance,” William Galkin, partner and founder of Galkin Law, LLC, said during a recent program from Strafford (now part of BARBRI). This article synthesizes insights from Galkin and technology executives at BillingNav and MorriganAI regarding risks from use of third-party AI tools and considerations for approaching contracting with vendors. It also offers practical advice on six key AI vendor contract clauses to help companies transform an AI governance program from policy statements into enforceable operational safeguards. See “Risk and Compliance Survey Highlights the Role of Compliance in AI Governance” (Oct. 22, 2025).

Matt Galeotti Joins Kirkland & Ellis

Kirkland & Ellis has welcomed Matthew Galeotti as a partner in its litigation practice group. Based in New York, Galeotti most recently served as acting assistant AG for the DOJ’s Criminal Division. For commentary from Galeotti, see “Matthew Galeotti on the LiMu Declination and What to Expect in FCPA Enforcement” (Nov. 19, 2025).

Jenner & Block Welcomes Former Federal Prosecutor in Chicago

Former Assistant U.S. Attorney Sarah Streicker has joined Jenner & Block’s investigations, compliance and defense practice as a partner in Chicago. For insights from Jenner & Block, see “Zaglin Conviction Offers Insights on Individual Prosecutions in Trump 2.0” (Oct. 22, 2025).