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Cadwalader, Wickersham & Taft LLP

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DOJ Introduces First-Ever Department-Wide Corporate Enforcement Policy

On March 10, 2026, the Department of Justice (“DOJ” or the “Department”) announced its first-ever Department-wide Corporate Enforcement Policy (“CEP”). This marks another significant step this Administration has taken in its broader effort to encourage companies to voluntarily report criminal misconduct in exchange for meaningful cooperation credit.


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Delaware Court Refuses to Enforce Earn-Out Condition Allegedly Frustrated by Buyer

On February 10, 2026, the Delaware Superior Court issued a notable decision in Monica, et al. v. Delta Data Software, Inc., addressing the treatment of earn-out conditions where post-closing conduct allegedly affects whether those conditions occur.


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Colorblind?: Investors Allege Tricolor’s Lenders and Underwriters Ignored Persistent Red Flags

The historic collapse of the now-bankrupt subprime auto dealer and auto finance company Tricolor Holdings LLC and its affiliates (“Tricolor”) has been unfolding since September 2025, after public reporting that Tricolor’s lenders had discovered allegedly fraudulent activity related to Tricolor’s collateralization practices.


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Updated SEC Enforcement Manual Emphasizes Transparency, Consistency, and Efficiency

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) Division of Enforcement (“Enforcement Division”) announced significant updates to its Enforcement Manual (the “Manual”), marking the first major revision since 2017. The SEC said the changes are intended to reinforce fairness, transparency, efficiency, and consistency, and the Commission...


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To Disclose or Not to Disclose? SDNY Provides Increased Incentives Under Revised Corporate Enforcement and Voluntary...

On February 24, 2026, the U.S. Attorney for the Southern District of New York (SDNY), Jay Clayton, announced a revised Corporate Enforcement and Voluntary Self-Disclosure Program for Financial Crimes (the “Program”) for the SDNY U.S. Attorney’s Office (the “Office”). The revised Program is largely consistent with the Department of Justice’s (DOJ) Corporate Enforcement and Vol...


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