2021 Enforcement Horizon: New administration civil and criminal enforcement efforts

With a new administration comes new policies and enforcement priorities. Today, as we kickoff our new series "2021 Enforcement Horizon," we take notice of what has already been a very active administration, and we consider where the new administration will focus its civil and criminal enforcement efforts in the months and years ahead.

Though it has been just over two weeks, the Biden administration hit the ground running, issuing a flurry of executive orders, actions, and memoranda with sweeping implications affecting a wide range of key issues, including the economy, health care, immigration, civil rights, and the environment.

In criminal enforcement, the Department of Justice has rescinded the Trump administration's policy that prosecutors charge the harshest available crime and seek the stiffest penalties. We believe that this action does not presage a less vigorous approach to criminal enforcement under the Biden administration, but instead a return to permitting federal prosecutors to exercise more discretion.

The Biden administration shows no signs of slowing down and is on pace for the most active first 100 days in recent history.

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