A New Era For Digital Assets: The Impact Of DOJ’s Shift Away From Regulation By Prosecution And Its Implications

In a significant policy shift, Deputy Attorney General Todd Blanche issued a memorandum titled "Ending Regulation By Prosecution," on April 7, 2025, signaling a change in the Department of Justice's (DOJ) approach to digital assets. The memorandum, outlines a move away from the previous administration's enforcement efforts, which the memo called "reckless" and "ill conceived and poorly executed." This shift aligns with Executive Order 14178 and President Trump's vision to foster innovation within the digital assets industry without [...]

Financial Institutions May Have Civil And Criminal Exposure For Knowingly Or Unknowingly Assisting Customers Who Support Terrorist Activities

While there have been numerous shifts in government enforcement priorities in the past three months, there does appear to be one area where the status quo has remained the same. This new administration has made it clear that preventing financial institutions from working with terrorist organizations remains a top concern. While the administration has added "new" entities to its lists in the form of drug cartels and other nefarious groups, none of this changes [...]

The Fine Line Between Free Speech And Prosecutable Threats

The distinction between free speech and prosecutable threat has become increasingly significant, with organizations understandably questioning what exactly crosses that line. Last year's fatal shooting of a UnitedHealthcare executive and the marked increase in online threats made against other corporate representatives have brought that distinction to the forefront. For corporate executives and in-house counsel, it is important to understand that threatening communications must be specific, unique, and supported by the proof of the speaker's [...]
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