Mind Over Matter: Executive Order Seeks To Reframe Regulatory Criminal Enforcement

On May 9, 2025, President Trump issued an Executive Order entitled "Fighting Overcriminalization in Federal Regulations" (the Order), which directs federal agencies to reassess how and when criminal penalties are applied to regulatory violations. The Order opens with the premise that "[c]riminal enforcement of regulatory offenses is disfavored." While the Order broadly targets strict liability offenses—those that do not require proof of intent—it also calls for heightened scrutiny of criminal enforcement where the regulated [...]

New Federal Law Criminalizes Nonconsensual Intimate Imagery And Mandates Swift Online Takedowns

On May 19, 2025, President Donald Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, commonly referred to as the Take It Down Act (S.146) (the Act).Presented as a part of First Lady Melania Trump's anti-bullying "Be Best" initiative,this bipartisan legislation introduces significant federal measures to combat the distribution of nonconsensual intimate imagery (NCII), including AI-generated deepfakes, and imposes new obligations on online platforms. Key Provisions [...]

U.S. DOJ Announces Substantial Strategic Shifts In White-collar Crime Enforcement

A new U.S. DOJ memo published on May 12 announces significant changes to the DOJ's white-collar crime enforcement priorities, aligning the DOJ's approach with the Trump Administration's "America First" agenda. Additionally, the Memo revised three policies related to corporate enforcement that had been issued by prior administrations, aligning those policies with the newly announced priorities and providing additional benefits to companies that self-disclose potential misconduct and fully cooperate with DOJ investigations. The memo was [...]
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