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On May 19, 2026, the Commodity Futures Trading Commission’s (“CFTC”) Division of Enforcement (“DOE”) issued a Staff Advisory setting forth a new policy for evaluating cooperation and self-reporting when considering whether to recommend enforcement actions to the CFTC (the “Policy”).[1] The Policy is effective immediately and supersedes the DOE’s February 25, 2025 Advisory on self-reporting, cooperation, and remediation, as well as all prior policies on these subjects. Taken as a whole, the Policy signals the DOE’s intent to create more transparent incentives for companies and individuals to self-report misconduct and cooperate with investigations. In response, market participants and registrants should consider strengthening their internal escalation and monitoring procedures so that they can evaluate the best strategy for DOE engagement regarding potential misconduct and position themselves to maximize benefits that may flow from this Policy.
Continue Reading CFTC Announces New Cooperation Policy — Key Takeaways and Analysis

On October 10, 2024, the Federal Trade Commission (“FTC”) voted unanimously to adopt the final rule[1] for the new Hart-Scott-Rodino (“HSR”) Act Form and Instructions, with the concurrence of the Department of Justice (“DOJ”).[2] As anticipated, the new rule entails the most significant revamp of the HSR Form in the nearly 50-year history of the HSR Act, which has significant, long-term implications for all clients planning M&A going forward.
Continue Reading The New HSR Form Is Here

Milbank LLP Litigation & Arbitration partners Antonia M. Apps and Adam Fee, and special counsel Matthew Laroche, who recently rejoined the firm after his tenure as an Assistant United States Attorney in the Southern District of New York, discuss the US Department of Justice’s (DOJ) focus on “Foreign Agent” cases, including the recent indictment of a former advisor to President Trump, in an article published on the Harvard Law School Forum on Corporate Governance, a leading online resource on corporate governance issues.
Continue Reading Milbank Litigators Assess Impact of DOJ’s Focus on “Foreign Agent” Cases in Harvard Law School Forum on Corporate Governance