Approach to Corporate Enforcement May Become More Business-Friendly
Key Points The incoming Trump administration is expected to take a more lenient approach to prosecuting entities, reducing emphasis on bringing actions based on what may be viewed as novel theories. Prescriptive policies on self-reporting and cooperation by companies, recently adopted by the DOJ and CFTC, may be loosened. Legislation could clarify jurisdiction over cryptocurrency, […]
Posted by Anita B. Bandy, Andrea Griswold, and Chad E. Silverman, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, February 4, 2025
Editor's Note:
Anita B. Bandy, Andrea Griswold, and Chad E. Silverman are Partners at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Ms. Bandy, Ms. Griswold, Mr. Silverman, and Peter A. Varlan.
Key Points
- The incoming Trump administration is expected to take a more lenient approach to prosecuting entities, reducing emphasis on bringing actions based on what may be viewed as novel theories.
- Prescriptive policies on self-reporting and cooperation by companies, recently adopted by the DOJ and CFTC, may be loosened.
- Legislation could clarify jurisdiction over cryptocurrency, possibly assigning that to the CFTC rather than the SEC. Both agencies are expected to adopt more crypto-friendly approaches, absent indicia of fraud.
Anticipating enforcement priorities under a new administration is challenging before the appointment of permanent leadership that will set priorities for policing corporate crime and market misconduct. Lessons from the first Trump term, however, suggest that the incoming administration will bring a more business-friendly environment.
