Five Big Questions for White Collar Enforcement in 2025

Arlo Devlin-Brown’s commentary was included in Law360’s coverage of looming questions in the white collar realm in 2025, as the industry braces for potentially seismic shifts in government enforcement under the Trump administration. Arlo comments on Securities and Exchange Commission actions regarding cryptocurrencies and artificial intelligence’s impact on white collar litigation.

The SEC will continue to pursue crypto cases involving fraud and other crimes — as will the DOJ — but the SEC's "war" against crypto exchanges accused of engaging in the unregistered sale of securities appears to be over, Arlo says.

As the article states, the increased use of AI will likely give rise to concerns among the white collar defense bar regarding the dependability and accuracy of the technology, which could lead to novel discovery and evidentiary disputes.

"Many of these AI models are essentially black boxes, so it can be impossible for the defense to reverse-engineer how a result was arrived at if they might want to challenge that result," Arlo told Law360.

"That's going to be an issue and it's very much an open question — one that will have to make its way through the courts as the government starts to rely more on these technologies," he said.