Michael W. Peregrine
Ashley Hoff

On May 12, 2025, the Department of Justice (DOJ) Criminal Division announced significant changes in its policies on investigating and prosecuting white collar crime. In its memo announcing the new policies, and in subsequent statements, the agency signaled its intent to refine enforcement priorities, encourage self-disclosure, and increase efficiency in investigations. In the following guest post, Michael W. Peregrine and Ashley Hoff of the McDermott Will & Emery law firm review the agency’s new policies and consider the policies’ potential director and officer liability implications. I would like to thank Michael and Ashley for allowing me to publish their article on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Michael and Ashley’s article.Continue Reading Guest Post: New DOJ White Collar Enforcement Policy Pressures Caremark Obligations

Those trying to gauge what Trump 2.0 means for directors’ and officers’ liability will want to read the Wall Street Journal’s April 13, 2025, article entitled “Trump Administration Retreats from White-Collar Criminal Enforcement” (here). The article contains statements of large law firm partners expressing their anxiety that the administration’s approach to white-collar crime prosecution will mean “significant slowdown” in law firm revenue from criminal defense work. But what may be bad news for law firms could be good news for corporate executives, because the Trump administration’s approach may mean corporate executives could face a reduced risk of criminal prosecution, at least for certain kinds of criminal allegations.Continue Reading Do Trump Admin Policies Mean Reduced Risk of White-Collar Prosecutions?

Michael W. Peregrine
Ashley Hoff

There is no doubt that the upcoming change in Presidential administration will have important implications across a wide range of issue. In some cases, the change will present unique challenges for corporate boards. As boards work their way through these changes and challenges, they will also face an altered corporate compliance oversight environment. In the following guest post, Michael W. Peregrine and Ashley Hoff of the McDermott Will & Emery LLP law firm consider the implications of this changed environment for corporate boards. I would like to thank Michael and Ashley for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is the author’s article.Continue Reading Guest Post: The Board’s Post-Election Oversight of Corporate Compliance