Apr. 8, 2026

A Unified CEP: One Policy to Rule Them All?

In December 2025, Acting (then-Deputy) AG Todd Blanche announced that the DOJ would soon issue a single corporate enforcement policy (CEP) covering criminal cases Department-wide. The resulting “Unified CEP” has now been issued and closely resembles the DOJ Criminal Division’s Corporate Enforcement and Voluntary Self-Disclosure Policy as edited in May 2025. A key carve-out and confusion over the status of Southern District of New York guidance issued by U.S. Attorney Jay Clayton just two weeks earlier leave it unclear whether the Unified CEP is the one true policy for the DOJ. This first article in a two-part series analyzing the impact of the Unified CEP looks at just how “unified” the new policy is. The second article will examine how the Unified CEP might change the voluntary self-disclosure calculus for companies. See “Do the 2025 Changes to the DOJ’s CEP and Whistleblowing Programs Encourage Companies to Self-Report?” (Jul. 16, 2025).

The Changing Landscape of the French “Secret Professionnel

In France, the “secret professionnel” for attorneys – the French version of attorney-client privilege – has long been presented as a cornerstone of the rule of law and a necessary condition for legal advice and defense. However, four Cour de cassation decisions, issued between September 2025 and March 2026, illustrate that the scope of the secret professionnel protection is no longer interpreted in a uniform way. In this guest article, Proskauer partner Bryan Sillaman and senior associate Salomée Bohbot review the legal background of the secret professionnel in France, analyze the four French cases and discuss new legislation introduced in 2026 concerning the confidentiality of communications with in-house legal teams. See “Tool or Third Party? Courts Differ on AI’s Role in Privilege and Work-Product Protections” (Mar. 25, 2026).

Compliance Reps and Warranties: Negotiations

Standardized language in compliance representations (reps) and warranties can be sufficient for lower risk and lower cost arrangements, but the line between a deal requiring boilerplate versus a bespoke approach is not always clear. This second article in a four-part series on compliance reps and warranties addresses negotiation strategies. Part one defined key terms and addressed why these contract clauses still matter, how they become outdated and what they reveal about corporate culture. Part three will address verification and enforcement of reps and warranties, and the final installment will explore how compliance reps and warranties are evolving as risks shift. See our three-part series “Rethinking Click-Through Training”: The Pluses and Minuses (Feb. 26, 2025), Maximize Effectiveness With Customization (Apr. 9, 2025), and Integration Into a Comprehensive Training Program (May 7, 2025).

A Practical Cross-Functional Framework for Efficiently Driving Risk and Compliance Decisions

In fast-moving environments where privacy, compliance, security, product priorities and broader business goals intersect, organizations must make rapid calls while aligning multiple stakeholders. As delivery cycles accelerate, a structured decision-making approach that balances speed with accountability is essential to prevent launch delays, regulatory exposure, internal friction and erosion of trust. In this guest article, Pari Sarnot, former privacy, risk and compliance manager at Meta and Grant Thornton, outlines a practical decision-making framework, grounded in objective criteria and real-world application, to help cross-functional teams navigate complex risk and compliance choices across organizations of any size. See “Unifying Risk Assessments: Breaking Silos to Enhance Efficiency and Manage Risk” (Mar. 26, 2025).

A Quick Start Guide to Risk Assessments in Trump 2.0

In 2026, the pace of change can feel bewildering for even the most seasoned practitioners. This quick start guide to risk assessments during Trump 2.0 provides a roadmap for how companies can keep their risk assessments nimble in the face of rapid change. For a more detailed discussion, see our four-part series: “Back to Basics” (Aug. 27, 2025), “Reassessing in the Great American Reset” (Sep. 24, 2025), “Who and When” (Nov. 5, 2025), and “Employing Data and Emerging Technologies” (Dec. 31, 2025).

Morgan Lewis Adds International Trade and Investigations Team in Paris

A five-lawyer team specializing in international trade, economic sanctions, export controls, anti-corruption, anti-money laundering, ESG and cross-border investigations has joined Morgan Lewis’ Paris office. Partners Anne Gaustad-Hanken and Marie-Agnès Nicolas, of counsel Mathieu Rossignol, and associates Lorenza Nava and Timothé Radosavljevic arrive from Hughes Hubbard, where Gaustad-Hanken and Nicolas served as co-chairs of the global investigations, enforcement and compliance practice in Europe. For commentary from Gaustad-Hanken, see “How AFA Compliance Program Controls Are Changing the French Anti-Corruption Compliance Landscape” (Apr. 3, 2019). For commentary from Nicolas, see “Evaluating the French Regulators’ Draft Anti-Corruption Internal Investigation Guidance” (Jun. 8, 2022).