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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…
Securities Enforcement and Regulatory Developments from the SEC, CFTC, and PCAOB
Blog February 02, 2026
Securities Enforcement and Regulatory Developments from the SEC, CFTC, and PCAOB
2025 saw fundamental shifts in securities enforcement priorities in the first year of the second Trump Administration…
A Preview of SEC, CFTC, AML, Sanctions and CFIUS Enforcement Priorities Under the Second Trump Administration
Blog November 11, 2024
A Preview of SEC, CFTC, AML, Sanctions and CFIUS Enforcement Priorities Under the Second Trump Administration
As the incoming Trump administration prepares to take office, businesses and investors can expect significant shifts in the enforcement priorities of the SEC and the CFTC…
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…
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…
PCAOB Overreach – Proposal to Expand Secondary Liability Exposes Potentially Fatal Lack of Statutory Authority
Blog January 29, 2024
PCAOB Overreach – Proposal to Expand Secondary Liability Exposes Potentially Fatal Lack of Statutory Authority
Last week the Supreme Court heard arguments over whether federal courts should continue to apply Chevron deference to federal agency rulemaking. While the fate of Chevron is unknown, one thing seems clear – federal agencies will face an increasingly uphill battle in defending rules that lack an express statutory basis…
SEC Enforcement in 2021:  A Look Ahead
Blog March 11, 2021
SEC Enforcement in 2021:  A Look Ahead
Editors' Note: With the advent of the Biden presidency, we invite you to join us as we examine important trends in white collar law and investigations. Our first entry takes a closer look at SEC enforcement. Up next: a review of sanctions and export controls. We'll be posting on a variety of subjects in the days and weeks ahead as we count down the first 100 days…
Congress Expands SEC's Disgorgement Power in Defense Spending Bill
Blog January 08, 2021
Congress Expands SEC's Disgorgement Power in Defense Spending Bill
On January 1, 2021, Congress significantly expanded the SEC's authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited the SEC's disgorgement power.  Congress unexpectedly provided this enhanced authority by amending the Securities Exchange Act of 1934 (“Exchange Act”) in an obscure portion of the over 1,400-page National Defense Authorization Act…
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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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Our fluency in healthcare laws and policy helps us to help our clients develop successful strategies for navigating the complex health care environment. Learn more about our practices and focus areas within the healthcare industry:

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White Collar Crime & Government Investigations
We provide highly effective counsel to individuals and companies caught up in government investigations, accused of criminal wrongdoing, or the victims of it.
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Accountants & Professional Liability Defense
We are a top national law firm for major accounting firms that end up in disputes with clients, investors, lenders or regulatory authorities. Our team regularly represent audit, tax, consulting, and transaction service professionals in a wide array of litigation, arbitration, administrative and government matters.
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Capital Markets
Our Capital Markets practice covers the full spectrum of securities offerings, helping clients structure transactions and in navigate regulatory requirements to enable clients to obtain necessary funding and exploit market windows from initial funding through exits.
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Global Business & Human Rights
Launched over two decades ago, our Global Business & Human Rights practice was one of the first to help clients implement and advance internationally recognized human rights, social and environmental policies that align with legal requirements and emerging best practices while protecting operations from risk.
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Environmental Permitting & Compliance
Environmental compliance is an essential part of doing business. We provide our clients with legal strategies based on deep knowledge of laws and regulations, and innovative approaches crafted around your business needs.
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Environmental Litigation
Even the most diligent and conscientious company can end up as the target of an environmental complaint. Our environmental lawyers have built an impressive record resolving environmental disputes at the negotiating table and in the courtroom without hampering our clients’ business operations.
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Insurance Recovery
Our insurance recovery lawyers represent policyholders in property/casualty insurance recovery disputes, having recovered hundreds of millions of dollars for our clients under commercial general liability, umbrella and excess liability, employment practices liability, professional liability, and directors’ and officers’ liability policies.
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Patent & Trade Secrets Litigation
We work with clients to develop a comprehensive, global intellectual property strategy aimed at providing maximum competitive advantages for their companies.
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International Trade & National Security
International trade regulations directly or indirectly affect a large number of businesses. Our team offers informed, risk-based and practical regulatory advice to help clients avoid compliance missteps and address those that may have already occurred.
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Environmental, Social & Governance
Our multi-disciplinary team — comprised of business, litigation, energy, environmental, and human rights advisors — will help you develop and implement an ESG program specifically designed for your organization’s needs. We’ve been doing this since the 1980s, and have the experience and institutional memory to craft impactful and cutting edge ESG strategies.
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Cannabis
We have been at the forefront of the medical and adult-use cannabis industry since the very early stages of its regulation and legalization across the U.S.
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Life Sciences
Our nationally recognized Life Sciences practice can help you navigate the issues associated with the development and commercialization of innovative medical products and services.
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Healthcare
We keep clients ahead of the shifts and out of the gray areas with an approach built on a deep understanding of healthcare law and a strong tradition of developing innovative legal solutions
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Energy & Climate
During this era of innovation and disruption across the energy, clean technology and climate industries, we guide clients through a complex and evolving technology, regulatory and financing landscape
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Technology
No industry moves faster than technology. We help clients in all stages of development navigate the evolving landscape while minimizing disruption to their business.

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