Compliance, Investigations, and White Collar Defense: Recent Developments and Hot Topics

Join Taft’s Compliance, Investigations, and White Collar Defense team for a practical discussion of recent enforcement developments and emerging legal risks. Topics include fraud enforcement, high-profile investigations, third-party risk, the False Claims Act, tariff and customs compliance, antitrust considerations in M&A, and protecting attorney-client privilege. Gain insights to help your organization strengthen compliance, respond to government scrutiny, and navigate complex investigations.

Agenda

10:30 – 10:35 a.m.
Introduction – Taft’s Compliance, Investigations, and White Collar Defense Team

Ralph Kohnen

10:35 – 10:55 a.m.
DOJ’s New National Fraud Enforcement Division: Preparing for Faster, Data-Driven Investigations

The DOJ’s newly created National Fraud Enforcement Division is expanding fraud enforcement through enhanced staffing, cross-agency coordination, and AI-driven data analytics. This session will examine the division’s evolving priorities and what companies should do to strengthen compliance, investigate potential misconduct promptly, and respond effectively to government inquiries.

Speakers: John R. Mitchell and Kristen Frost

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10:55 – 11:15 a.m.
In the Spotlight: Representing Witnesses in High-Profile Investigations

When assault allegations put a university or company in the spotlight, witnesses can face complex legal and reputational concerns. This session explores the role of independent counsel in helping witnesses prepare for interviews, navigate overlapping criminal and institutional investigations, and protect their interests amid public scrutiny.

Speakers: Dave Thomas and Katie Wallrabenstein

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11:15 – 11:30 a.m.
Managing Third-Party Risk Across the Business Lifecycle

Third parties can create growth opportunities but also introduce legal, regulatory, operational, and reputational risks. This session will explore practical, risk-based approaches to managing third-party relationships, from due diligence and contracting to monitoring, investigating, and offboarding. Partners Trent Sandifur and Dan Solomon will address key risk areas, including anti-corruption, sanctions, data privacy, cybersecurity, supply-chain compliance, and fraud, as well as the role of technology in creating more consistent and efficient compliance processes.

Speakers: Trent Sandifur and Dan Solomon

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11:30 a.m. – 11:45 a.m.
Recent Developments Under the False Claims Act: Risks, Trends, and What Comes Next

This session will examine recent developments under the False Claims Act and what they signal about the statute’s future direction. Panelists will discuss the latest enforcement trends and the risks they present to recipients of federal funds. The panel will also highlight significant legal decisions and emerging legal disputes, including the scope of materiality and damages under the statute. Participants will gain practical insight into current enforcement priorities, applicable defenses, and critical strategies for navigating an evolving FCA landscape.

Speakers: Jaimie Nawaday and Jackson Froliklong

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11:45 a.m. – 12:00 p.m.
Under Scrutiny: DOJ Investigations into Tariff and Customs Compliance

This session will explore DOJ investigations that involve alleged tariff evasion and customs violations, with a focus on how companies can identify potential exposure, respond to government inquiries, and manage related internal investigations. The discussion will highlight practical considerations for protecting the business and strengthening compliance.

Speakers: Jason Covert and Carly Chocron

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12:00 – 12:15 p.m.
Antitrust Considerations in M&A

As deal activity accelerates, antitrust considerations remain critical to transaction planning and execution. Partner Jeanne Cors will examine key issues in M&A due diligence and premerger notifications. She will discuss civil enforcement risks and potential criminal exposure arising from anticompetitive conduct, offering practical insights to help deal teams navigate the review process, avoid pitfalls, and keep transactions on track.

Speaker: Jeanne Cors

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12:15 – 12:30 p.m.
Guarding the Gates: Protecting Privilege During Investigations

Privilege is one of the central issues in an investigation. From the beginning to the end of an investigation, there must be ongoing consideration of the application of privilege. This discussion will focus on the crucial considerations for maintaining attorney-client privilege throughout the investigative process, including:

• The importance of attorney-client privilege and its critical role in safeguarding the confidentiality of investigative findings.
• How to assert and preserve privilege from the outset of an investigation, through the investigative stages, to the preparation of final reports.
• Advice on briefing stakeholders, fulfilling disclosure obligations, and implementing corrective actions.

Speakers: Pete Deegan and Nancy DePodesta

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Questions? Contact Megan Riley at mriley@taftlaw.com.

This webinar is pending approval for Arizona, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Minnesota, New York, and Ohio CLE credits. There is no cost to attend.