Bienert Katzman Littrell Williams LLP

As white collar enforcement continues to evolve under the current administration, practitioners in California and the Western Region face a rapidly shifting legal landscape. Multi-jurisdictional investigations and parallel proceedings, the transformative role of artificial intelligence in trial practice, and the unprecedented enforcement risks facing progressive institutions and sanctuary cities are among the most pressing issues confronting corporate counsel and defense practitioners.   Enforcement Trends and Multi-Jurisdictional Investigations The Western Region, encompassing thirteen states and multiple federal districts, has seen significant shifts in prosecutorial focus and coordination. Recent Department of Justice policy has signaled a recalibration of white collar enforcement priorities, with increased emphasis on waste, fraud, and abuse affecting government programs, data-driven investigations and industry sweeps, and parallel civil-criminal-regulatory coordination. “What we’re seeing across the Western districts is a more strategic deployment of enforcement resources to these priorities,” notes Bienert Katzman Littrell Williams LLP (BKLW) partner Reuben Camper Cahn. “Practitioners must prepare parallel proceedings and a heightened focus on fraud targeting federal programs and taxpayer dollars.” The DOJ’s May 2025 enforcement memorandum established new priorities including health care fraud, trade and customs fraud, money laundering tied to cartels and transnational criminal organizations, and sanctions violations. Notably, the administration has also signaled a pullback from what it characterized as “overbroad and unchecked corporate and white-collar enforcement,” creating both opportunities and uncertainties for corporate clients navigating investigations. Defense counsel in the region should also monitor developments around immigration-adjacent prosecutions, including employment practices and labor compliance, as well as evolving policies on pardons and their potential impact on negotiation and sentencing strategy.   AI in Trial Practice: Promise and Peril The responsible integration of artificial intelligence into trial preparation represents one of the most significant practice developments in recent years. Firms are exploring how practitioners can leverage AI while avoiding its well-documented pitfalls. “AI tools like Harvey and other platforms are transforming how we prepare for trial from reviewing expert reports and managing massive document productions to identifying inconsistencies in witness testimony,” explains BKLW partner Whitney Z. Bernstein. “But the verification obligations are paramount. Every citation must be confirmed, every AI-generated analysis must be reviewed by counsel, and we must never forget that AI can hallucinate.” Critical topics include the evidentiary foundations required for AI-generated content, evolving authentication standards under the Federal Rules of Evidence, and the ethical obligations of competence and supervision that apply when deploying these tools. For white collar practitioners managing complex financial evidence and voluminous discovery, AI presents unprecedented efficiency gains but only when implemented with rigorous human oversight and verification protocols. Equally important is the challenge of engaging modern jurors accustomed to short-form content. “Long trials demand creative approaches,” Bernstein adds. “Visual aids, memorable demonstratives, and soundbites delivered early and often help jurors anchor to key themes in an era of fragmented attention.”   Regulatory Risks for Sanctuary Cities and Progressive Institutions Perhaps no area of white collar practice has seen more dramatic change than the enforcement landscape facing nonprofits, foundations, and so-called sanctuary cities. These institutions have entered a new era of enforcement risk. “The new administration has completely overhauled the nation’s approach to immigration enforcement and has pledged the largest mass deportation in U.S. history,” says BKLW managing partner John L. Littrell. “As part of that initiative, it has targeted organizations that are seen as advocates for immigrants or opponents of the administration’s new priorities.” A cascade of executive orders and DOJ memoranda now expressly target progressive institutions and funding flows. The Attorney General has threatened prosecution of officials who obstruct federal immigration enforcement, citing potential charges under statutes covering harboring aliens, conspiracy, and obstruction of justice. White collar practitioners serving these clients must now become experts in immigration law, RICO, and obstruction of justice statutes that were previously outside traditional practice areas. “The objective is not retreat, but resilience,” Littrell emphasizes. “Our clients need programs built on lawful foundations, records that reflect a culture of compliance, and structures that allow progressive institutions to continue their work even as the new administration tests their resolve.”   Conclusion The Western Region's white collar landscape is defined by three converging forces: a recalibrated DOJ enforcement strategy that prioritizes fraud against government programs while creating new uncertainties around corporate investigations; the rapid integration of artificial intelligence into trial practice, which offers transformative efficiencies but demands rigorous verification and ethical oversight; and an unprecedented expansion of enforcement risk for progressive institutions and sanctuary cities, requiring practitioners to develop fluency in immigration, RICO, and obstruction statutes that were once peripheral to white collar defense. Together, these developments demand that corporate counsel and defense practitioners remain vigilant, adaptive, and prepared to navigate a legal environment that continues to shift in fundamental ways.