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The 39th National Institute on White Collar Crime, hosted by the American Bar Association’s Criminal Justice Section, took place on March 6-8 in San Francisco.

Attendees included by members of the white collar defense bar and senior U.S. law enforcement officials from the U.S. Department of Justice, National Security Division; the U.S. Securities and Exchange Commission; U.S. Commodity Futures Trading Commission and others, the conference covered a variety of cutting-edge and emerging white collar enforcement and compliance issues.

Explore key implications for your business, based on various statements made by senior law enforcement officials at the conference.

In Summary

The annual updates on enforcement trends and priorities this year build upon last year’s guidance by substantially sweetening the calculus for whistleblowers and voluntary self- disclosures, and reflecting the nation’s rapid adoption of disruptive technology tools especially including AI.

Previous trends, such as the government’s ongoing enforcement effort aimed at protecting U.S. intellectual property from perceived threats by foreign adversaries, are not letting up, but instead are increasing in specificity as to related corporate compliance expectations.

As companies increasingly engage in the race to use and sell AI tools and the datasets that fuel them, now is a great time to also put in place corporate compliance strategies to avoid becoming the next poster child for the government’s deterrence efforts.

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This article was published in full by Law360

Author

Jess is a technology investigations partner practicing at the forefront of government enforcement in the technology industry. Jess leads Baker McKenzie's investigations and compliance practice on the West Coast.
For more than two decades, Jess has defended companies and individuals in government investigations and conducted internal investigations involving cutting-edge technology issues including AI, cybersecurity, and alleged misuse of all kinds of data. Jess has defended companies and individuals across the Asia Pacific region since the first DOJ Antitrust cartel investigations in 2003, and has a deep understanding of cultural issues impacting investigations in that region and across the globe.
Jess has been recognized by Chambers & Partners, The Legal 500, and Global Investigations Review for internal investigations and defense in cases involving White Collar Crime & Government Investigations.

Author

Cyrus Vance Jr. has earned a well-deserved international reputation as a trial attorney with a proven track record in high-stake litigation and global investigations. As the Co-Chair of Baker McKenzie's North America Litigation and Government Enforcement Practice, Cyrus is well-known for his expertise in white collar criminal investigations, complex civil and criminal litigation, sanctions enforcement, compliance and cybersecurity. With over three decades of experience in both public and private sector, Cyrus provides invaluable guidance to clients navigating cross-border investigations, enforcement matters, and cybersecurity incidents.
Prior to joining the Firm, Cyrus served three consecutive four-year terms as Manhattan District Attorney, overseeing a team of over 600 prosecutors. He handled landmark criminal prosecutions, including the successful litigation before the U.S. Supreme Court in Trump v. Vance and the conviction of Harvey Weinstein on two felony sex crimes. He also managed more than 100,000 cases annually, including complex white collar and business crimes both domestically and internationally. Cyrus regularly collaborated with regulatory and crime-fighting partners such as the City of London Police, Paris Prosecutors' Office, Singapore Attorney General, Europol and Interpol, and is known for his ability to build and manage teams collaboratively across borders and agencies.

Author

Maria Piontkovska is a partner with Baker McKenzie's Litigation & Government Enforcement group, co-editor of the Firm's Global Supply Chain Compliance Blog and a member of the Firm’s Technology, Media & Telecoms Global Industry Group. She has significant experience working on behalf of companies operating in emerging markets and high-risk jurisdictions. Maria has managed a number of internal and government-facing legal compliance investigations for a variety of Fortune 500 companies and advised on related settlement negotiations with the US Department of Justice, US Securities and Exchange Commission, and other federal and state regulatory entities.
Maria has been recognized as a "Rising Star" by Southern California Super Lawyers (2022-23). Maria has written and spoken extensively on emerging compliance trends in environmental, social and governance (ESG) legal risk, corruption and sanctions, and advises on best practices in compliance program development.