• |

    Sep. 10, 2025

The Blanche Memo’s Take on Corporate Responsibility: Individuals Versus Corporations

When Deputy AG Todd Blanche issued his memorandum laying out guidelines for investigation and enforcement of the FCPA (Blanche Memo) in June 2025, the headline news was that the FCPA will be used both as a sword and shield to promote American interests. However, there is a more existentially interesting element to the Blanche Memo regarding how this administration and its enforcers view corporations’ role in American society. This two-part article series examines what the Blanche Memo indicates about corporate responsibility during the second Trump administration, with this first installment focusing on the interplay between individual prosecutions and collective knowledge theories of corporate liability. The second article will examine how the Blanche Memo might be at odds with global trends and the emphasis it places on the collateral harm caused by investigations and prosecutions. See “DOJ’s New VSD Program Offers NPAs to Individuals Who Can Help Catch Bigger Fish” (May 8, 2024).

Cadence’s $140M Settlement Recalibrates Subsidiary Export Control Risks

Cadence Design Systems, Inc. (Cadence), a multinational electronic design automation technology company with headquarters in San Jose, California, has reached parallel resolutions with the DOJ and the U.S. Department of Commerce Bureau of Industry and Security (BIS) for unlawfully exporting semiconductor design tools to a restricted military university in China. The DOJ and BIS both moved aggressively to hold Cadence accountable for the actions of its Chinese subsidiary, underscoring the current administration’s focus on criminal enforcement of national security-related offenses. The Anti-Corruption Report spoke with experts in export controls to understand the key takeaways from the settlement. See “Dual Resolutions Demonstrate Full Spectrum of Sanctions-Related Enforcement Against Investment Firms” (Aug. 27, 2025).

Managing Third-Party AI Risk

A lack of transparency about how vendors are using AI can create new risks for firms because vendors are not only offering AI tools and solutions but also incorporating it behind the scenes to streamline their operations. In a recent online presentation, ACA Aponix partner Michael Pappacena and director John de Freitas discussed the ever-expanding use of AI by third-party service providers, the evolving AI risk landscape, appropriate implementation of AI, AI governance best practices and incident response. This article distills their insights. See “Cybersecurity and AI Are Top Global Business Challenges Identified in Kroll Study” (Jul. 16, 2025).

The 2025 Federal Approach to DEI: Enforcement, Litigation and How to Respond

One of the strongest themes of the second Trump administration so far has been an intense focus on doing away with diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) initiatives and programs. This second article in a two-part series discusses the enforcement actions and litigation that followed the DEI EOs, as well as how companies should react in this still-shifting landscape. The first article outlined the three executive orders targeting DEI signed by President Donald Trump in January 2025 (DEI EOs). See our two-part series on the FCPA Executive Order: “The Future of U.S. Enforcement” (Mar. 12, 2025), and “Staying the Course in the Face of Continued Risk” (Mar. 26, 2025).

Moving Ahead With Compliance Culture After a Monitor and a Merger

There are many inflection points that can lead a company’s culture to take a turn for the better or worse. For example, a restructuring, merger or acquisition can be one, and a settlement with federal enforcers can be another. At a virtual conference hosted by the Society for Corporate Compliance and Ethics in August 2025, chief compliance and privacy officer Robyn Whalen and compliance and privacy partner Ximena Restrepo discussed the new habits and incremental improvements that their company adopted as it navigated a corporate integrity agreement, a transition and continuity plan and a post-merger integration. This article distills their insights. See “The Continued Value of Healthcare Compliance Guidance Amid Sector Shifts” (Feb. 26, 2025).

Former DOJ Data Analytics Counsel Joins Steptoe

Steptoe has welcomed Matt Galvin as a partner in its investigations, white-collar and compliance practice in Washington, D.C. He is the former Counsel for Compliance and Data Analytics for the DOJ’s Fraud Section and global VP for ethics and compliance at ABInBev. For commentary from Galvin, see “Thoughts From DOJ Experts on Using Data Analytics to Strengthen Compliance Programs” (May 22, 2024).

Ann Sultan Goes In House

A former member of Miller & Chevalier has joined Digital Realty as a senior director and corporate counsel for compliance. For insights from Sultan, see “Loose Lips Sink Ships: Maintaining Confidentiality in Investigations” (Nov. 20, 2024).

Former Chief of DOJ Counterintelligence and Export Control Section Joins Pillsbury

Jennifer Gellie, a veteran national security and white-collar enforcement attorney, has joined Pillsbury as a partner in its international trade group in Washington, D.C. For insights from Pillsbury, see our two-part series on the SFO’s co-operation guidance: “A Hard Sell for Self-Reporting” (May 21, 2025), and “Investigation Expectations” (Jun. 4, 2025).

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.