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White Collar Law & Investigations

Keeping you aprised of the developing regulatory environment that confronts businesses and individuals in virtually any industry. Whether federal or state investigations, enforcement actions, changing enforcement priorities, criminal prosecutions or related civil proceedings, we provide regular coverage and updates that draw on the deep experience.

Securities Enforcement Under Chairman Atkins
Blog August 28, 2026
Securities Enforcement Under Chairman Atkins
A little more than halfway into the SEC’s first full year under the leadership of its Chairman, Paul Atkins, recent SEC actions give a glimmer into possible emerging trends in enforcement…
Sripetch v. SEC: The Supreme Court Holds That Disgorgement Does Not Require Proof of Investor Pecuniary Loss
Blog June 09, 2026
Sripetch v. SEC: The Supreme Court Holds That Disgorgement Does Not Require Proof of Investor Pecuniary Loss
On June 4, 2026, the U.S. Supreme Court unanimously held that the SEC need not prove investors suffered actual financial losses before obtaining a disgorgement award…
Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud
Blog July 16, 2024
Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud
On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in federal court. The ruling eliminates the SEC’s ability to seek civil penalties for securities fraud through administrative proceedings…
Health Care Fraud Enforcement in 2024
Blog April 10, 2024
Health Care Fraud Enforcement in 2024
The government had another busy year in 2023 investigating and prosecuting health care fraud cases on multiple fronts. Contending with the enormous health care crises of the now-concluded Covid-19 pandemic and the ongoing opioid epidemic, the government has deployed considerable resources to combat allegedly fraudulent schemes that have resulted in financial loss to the government and individual harm…
False Claims Act Enforcement: Looking Back and What to Expect in 2024
Blog March 28, 2024
False Claims Act Enforcement: Looking Back and What to Expect in 2024
It is not often that we can say that a federal fraud statute had a blockbuster year. However, 2023 was exactly that for the False Claims Act. Not only did enforcement activity by the Department of Justice reach record-breaking numbers, but we also received long-awaited decisions from the Supreme Court in United States, ex rel. Polansky v. Executive Health Resources, Inc. and consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc…
SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023
Blog February 27, 2024
SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023
The U.S. Securities and Exchange Commission’s Enforcement Division resumed its dogged pursuit of investigations and enforcement actions in fiscal year 2023…
Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act Liability
Blog June 05, 2023
Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act Liability
The SuperValu case arose from separate lawsuits against two companies that operate retail drug pharmacies across the country: SuperValu Inc. and Safeway, Inc. In each case, a whistleblower – on behalf of the federal government – brought FCA claims against the company for allegedly overcharging Medicare and Medicaid in seeking reimbursement for prescription drugs…
Supreme Court Preview: The Supreme Court Poised to Address Key Federal Wire Fraud Issue
Blog August 31, 2022
Supreme Court Preview: The Supreme Court Poised to Address Key Federal Wire Fraud Issue
In the 2022-2023 term, the Supreme Court will address the definition of “property” under the federal wire fraud statute, which prohibits a person from “obtaining money or property by means of false pretenses.” 18 U.S.C. § 1343. The definition of “property” for the purposes of this statute has been much debated—need “property” be economic in nature?  Must it be tangible?  Can one's admission to a university constitute “property”?…
CFPB's Structure Found Unconstitutional, But Agency Will Survive
Blog July 03, 2020
CFPB's Structure Found Unconstitutional, But Agency Will Survive
The Supreme Court in Seila Law LLC v. Consumer Financial Protection Bureau held that the structure of the Consumer Financial Protection Bureau (“CFPB”) violated the separation of powers, but stopped short of finding the entire agency unconstitutional and instead held the CFPB could live on with a director who was removable at will by the President. The Court reasoned that the CFPB's “unique structure” was unconstitutional because the agency was “vested with significant executive power”…
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ABOUT

The Foley Hoag White Collar Law & Investigations blog addresses the developing regulatory environment that confronts businesses and individuals in virtually any industry.  Whether federal or state investigations, enforcement actions, changing enforcement priorities, criminal prosecutions or related civil proceedings, the White Collar Law & Investigations blog will provide regular coverage and updates that draw on the deep experience of Foley Hoag’s White Collar Crime & Government Investigations practice.

Our attorneys have represented companies and executives in criminal, regulatory, and civil investigations involving a wide range of governmental authorities – the U.S. Department of Justice, U.S. Attorney’s Offices, the U.S. Securities and Exchange Commission, Congressional oversight committees, state Attorneys General, and numerous federal and state departments and agencies. Our clients include global, national and regional companies in many industries: technology; pharmaceuticals and medical devices; health care; financial services; securities; insurance; environmental technology; manufacturing; and government.

The White Collar Law & Investigations blog will reflect the breadth of this experience and knowledge. Please contact us to share your thoughts on the blog or if we can assist you in navigating today’s complex regulatory environment.

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