Stay Classy, San Diego: Parting Thoughts From the ABA White Collar Crime Conference

The ABA’s White Collar Crime Institute wrapped up in San Diego on Friday, closing out four days of panels, plenaries, and packed ballrooms. The 41st gathering of the white collar bar brought together judges, former prosecutors, defense lawyers, in-house counsel, and compliance professionals — all there to wrestle with the questions reshaping the practice right now. There was no shortage of material.

The backdrop was impossible to ignore. One year into the second Trump administration, the U.S. Department of Justice (DOJ) has reshuffled priorities, reorganized key divisions, and issued a cascade of policy directives that have left practitioners recalibrating in real time. And yet, for the second year running, DOJ officials regrettably didn’t show. They were sorely missed. For decades, this conference has been one of the places where senior DOJ officials announced new initiatives, clarified enforcement priorities, and heard directly from the defense bar about how government policies play out in practice. Indeed, on the opening day of the conference, the Deputy Attorney General issued a department-wide corporate enforcement policy. Both the bar and the department could have benefited from dialogue on this issue, as well as many others. We think that the hard-working public servants who stayed home missed a genuine opportunity, and so did the rest of us. But we are hopeful and look forward to seeing them next year.

The conference saved one of its most important conversations for last. Friday morning’s ethics panel — “Threats to the Rule of Law” — offered the week’s most serious and reflective discussion. Our own Paul Fishman joined a stellar lineup of fellow panelists to discuss the present challenges now facing the rule of law and the criminal justice system. It wasn’t always a comfortable conversation; it wasn’t supposed to be.

We’re heading home — but Enforcement Edge never really signs off. Keep following us for year-round coverage of the developments that matter most to white collar practitioners. We’ll see you out there.

Over and out from sunny San Diego!

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