News & Insights

On March 10, 2026, the Department of Justice (DOJ) issued a revised Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). The policy governs how the DOJ resolves criminal investigations of corporations. It thereby creates a framework that directly shapes the legal exposure of the executives and employees inside those companies. Understanding how the CEP works, and...

A dormant federal law just became relevant again — and the penalties are severe.  In their newest Law360 article, Michael Longyear, Jillian Berman and Cindy Kuang analyze recent developments concerning the Continuing Financial Crimes Enterprise statute.  Take note, private credit lenders, C-suite executives, and white-collar defense attorneys. The U.S. Attorney’s Office for the Southern District...

AI-generated evidence is coming to the federal courts– and machines cannot be cross-examined. The Judicial Conference’s Advisory Committee on Evidence Rules has released a proposed Federal Rule of Evidence 707 to regulate the admissibility of machine-generated evidence in federal courts. That includes AI-outputs. Algorithmic tools are becoming more common in criminal investigations and civil litigation. ...

The prosecution calls Ellingburg v. United States a case of “diminishing significance.”  Yet its outcome could quietly upend current restitution practice.  The upcoming Supreme Court argument asks whether restitution under the MVRA constitutes criminal punishment.   LSW examines the hidden constitutional stakes behind what appears to be a narrow sentencing dispute: a ruling in the affirmative could...