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Is the Trump Administration Charting a New Course Away from the Duplicative Fines of the Financial Crisis?

By Neil Bloomfield and Kristen Kenley  Double jeopardy prevents criminal defendants from being convicted of the same crime twice.  Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after the financial crisis financial institutions were essentially unprotected from receiving multi-million dollar demands by multiple regulators for the same conduct.  The financial industry may soon experience a welcome shift from the Government’s burdensome and duplicative practice as policy changes at the ...

Recent Developments in Cybersecurity Enforcement

By Neil Bloomfield and Lindsey Frye.  This will be our first in a series of updates on the status of regulation and enforcement in the context of cybersecurity related issues.  Regulation and liability in the context of a cyber attack present complex questions.  The easy target is the individual or organization that committed that attack—the criminal hacker.  Unfortunately, the easy target is often beyond the jurisdiction of U.S. courts, and even if they are not, they lack the resources to provide a meaningful recovery.  Secondary targets, which have become the focus of ...

About MVA White Collar Defense, Investigations, and Regulatory Advice Blog

As government authorities around the world create a constantly evolving regulatory environment, conduct overlapping investigations, and bring parallel proceedings, companies are facing perhaps the most challenging regulatory and criminal enforcement environment. Moore & Van Allen has created this blog to help keep our clients up to date in these fast-moving areas and to serve as a thought leader as regulations and enforcement policy continue to develop. Our blog is a combined effort of Moore & Van Allen’s White Collar Defense and Investigations Team and our Financial Regulatory Advice and Response Team.

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