• |

    Aug. 27, 2025

Risk Assessment for Trump 2.0: Back to Basics

The U.S. Government’s transformation since the start of the second Trump administration compels a reassessment of how companies identify, prioritize and thwart compliance risk. This first article in a four-part series explores what risk assessments should look like in light of recent changes to the DOJ’s Evaluation of Corporate Compliance Programs, how to design an assessment to address rapidly changing risk environments and the importance of documenting the process. Future articles will examine when risk assessments should be updated and by who, what risk areas have been most heavily impacted by the advent of the Trump 2.0 administration, and how the use of data and technology are reshaping risk assessments into more responsive tools for identifying and addressing uncertainty. See “A Quick-Start Guide to Risk Assessments” (Mar. 31, 2021).

Dual Resolutions Demonstrate Full Spectrum of Sanctions-Related Enforcement Against Investment Firms

There have been many jarring changes since the second Trump administration took office in January 2025, but the focus on trade compliance has been one area of continuity. For example, in 2022, former Deputy AG Lisa Monaco called sanctions enforcement “the new FCPA,” while, this spring, Commerce Secretary Howard Lutnick signaled “a dramatic increase” in export controls enforcement. Two recent enforcement actions highlight those priorities, as well as the government’s increasing focus on non-bank financial institutions as financial “gatekeepers.” This guest article by MoloLamken attorneys Eric Nitz, Anden Chow and Walter Hawes IV compares the White Deer and GVA Capital settlements, highlighting the government’s dual-track approach to trade compliance. See “White Deer Sanctions Settlement Underscores the Importance of Post-Acquisition Cleanup” (Jul. 30, 2025).

The 2025 Federal Approach to DEI: Understanding the EOs and Guidance

In January 2025, freshly re-inaugurated into office, President Donald Trump called for a significant shift in how the federal government will treat diversity, equity and inclusion (DEI). In rapid succession he issued three executive orders (DEI EOs), and then further guidance and communications from governmental agencies in early 2025 drove the point home. Then came court challenges to the DEI EOs, agency actions and voluntary settlements that have completely reshaped the DEI landscape, with future changes likely. In a recent webinar from the Society of Corporate Compliance and Ethics, four members of Miller & Chevalier discussed the practicalities of the federal DEI landscape. This first article in a two-part series examines the DEI EOs as well as the guidance and communication from federal agencies. The second article will cover the resulting agency actions and legal battles, and offer advice to companies on how to respond. See “Reference Guide to 2025 Executive Orders for Compliance Professionals” (Apr. 9, 2025).

California Climate Disclosure Laws Bring Challenges and Opportunities

As of 2026, there will be two California laws that require companies to make climate-related reports, and even companies that do not primarily operate in the state may be affected. A recent webinar organized by thinkPARALLAX covered what reports the laws require, how companies can comply and how generating the reports could have business benefits for companies. This article distills the insights from the panel, which included thinkPARALLAX’s head of sustainability strategy, Sheila Ongie; Ropes & Gray partner Michael Littenberg; and Ropes & Gray counsel Marc Rotter. See “How Companies Can Prepare for the Proliferation of E.U. ESG Rules” (Sep. 11, 2024).

Texas Adds New Type of State AI Law to U.S. Regulatory Mix

When the U.S. Senate abandoned the proposed five-year moratorium on state artificial intelligence (AI) laws, it positioned the Texas AG to extend his existing lead in AI enforcement, armed with the newly signed and novel Texas Responsible AI Governance Act (TRAIGA). The law, which takes effect January 2026, is the first in the U.S. to fully ban certain AI uses, with penalties up to $120,000 per violation. TRAIGA notably complicates biometric data compliance for companies, but also offers several business-friendly measures to protect those facing AG investigations. This article details how this sizable change in AI regulation empowers the Texas AG with enforcement latitude, how TRAIGA dovetails with other states’ AI enforcement focus areas and how it amends the state’s biometric law. It also offers steps companies should consider for complying with state AI laws that will go into effect at the start of 2026 in Colorado, California and now Texas. See “Cybersecurity and AI Are Top Global Business Challenges Identified in Kroll Study” (Jul. 16, 2025).

Former Fraud Section Attorney Rejoins Squire Patton Boggs

Joe Walker, a former trial attorney in the Fraud Section of the DOJ’s Criminal Division, has returned to Squire Patton Boggs in its government investigations and white collar practice after two years at Orrick. For insights from Squire Patton Boggs, see “Measures for Complying With 19 (and Counting) State Privacy Laws” (Jul. 17, 2024).

Most-Read Articles

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.