Last week, the Head of the U.S. Department of Justice's (DOJ) Criminal Division, Matthew R. Galeotti, instructed DOJ personnel to continue the first Trump administration's anti-"piling on" policy. Galeotti's memorandum, titled "Guidance on Coordinating Corporate Resolution Penalties in Parallel Criminal, Civil, Regulatory, and Administrative Proceedings," in large part echoes the policy on corporate enforcement coordination that was established in 2018, but with a significant caveat. Corporations often are subject to parallel enforcement by multiple federal agencies, [...]

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 [...]

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 [...]