DOJ and DEA Loosen Medical Marijuana Restrictions and Move Toward Broader Rescheduling
On April 22, 2026, DOJ and DEA took two coordinated steps that could reshape—though not resolve—the federal treatment of marijuana. First, they issued a final order placing certain FDA-approved and state-licensed medical marijuana products in Schedule III of the Controlled Substances Act. At the same time, DEA announced an expedited hearing on a separate proposal to reclassify marijuana more broadly from Schedule I to Schedule III, with proceedings set to begin in late June. Together, these actions signal movement toward a less restrictive federal framework, but their immediate impact is narrower than it may appear: the final order applies only to a limited subset of medical marijuana products and leaves most cannabis activity subject to existing federal controls. For industry participants, the developments introduce a more compliance-driven, state license-dependent pathway today, while setting the stage for potentially more significant changes in the months ahead.
April Antitrust and Competition Bulletin: Top-of-Mind Global Antitrust Issues
Sidley’s global Antitrust and Competition team recently shared its perspectives on key antitrust issues currently top of mind—and why they matter for businesses. The April Antitrust and Competition Bulletin highlights continued scrutiny by the U.S. Department of Justice and Federal Trade Commission of labor markets, including noncompete agreements and talent-focused transactions, as well as evolving enforcement approaches to information exchanges, as reflected in the DOJ’s recent statement in In re Turkey Antitrust Litigation. It also examines the growing willingness of state Attorneys General to act independently of federal enforcers, signaling an increasingly complex enforcement landscape. In addition, the team addresses notable international developments, including leadership changes at the European Commission’s Directorate-General for Competition and new guidance on the interplay between the Digital Markets Act and the General Data Protection Regulation. The Bulletin further explores how these developments may affect businesses.
Clayton Addresses the Uncertainty Surrounding SDNY’s Self-Disclosure Program
On April 14, 2026, at a conference hosted by New York University School of Law’s Program on Corporate Compliance and Enforcement, Jay Clayton, the U.S. Attorney for the Southern District of New York (SDNY), publicly addressed whether the Department of Justice (DOJ)’s recently announced Department-wide Corporate Enforcement and Voluntary Self-Disclosure Program (CEP) supersedes SDNY’s own Corporate Enforcement and Voluntary Self-Disclosure and Cooperation Program (the SDNY Program). Clayton stated that the two policies are not in tension and that his Office continues to invite companies to self-report misconduct under the SDNY Program.
U.S. DOJ Implements Uniform Corporate Enforcement and Voluntary Self-Disclosure Framework Across All Components Except Antitrust
On March 10, 2026, the U.S. Department of Justice (DOJ or the Department) announced a new Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). For the first time, the policy establishes a uniform framework governing corporate enforcement decisions across all DOJ components, including U.S. Attorneys’ Offices nationwide, with the exception of the Antitrust Division, which will maintain its separate and longstanding leniency policy. DOJ’s stated goal for the CEP is to promote greater consistency, predictability, transparency, and fairness in DOJ’s prosecutions of corporate criminal matters.
Sidley Secures Early Termination of Corporate Probation in Clean Air Act Matter for Leading Aftermarket Automotive Company
Sidley obtained the early termination of corporate probation, along with relief from all remaining unpaid criminal fines, for a leading aftermarket automotive company in United States v. Rudy’s Performance Parts, Inc., Case No. 24-cr-00336 (D.D.C. Mar. 12, 2026).
The result comes amid an important shift in federal criminal enforcement under the Clean Air Act, a cornerstone federal environmental law governing vehicle emissions. The prior prosecution involved alleged tampering with motor vehicle on-board diagnostic (“OBD”) emissions systems — the systems commonly associated with a vehicle’s “check engine” functions — under a charging theory that the U.S. Department of Justice announced in January 2026 should no longer be pursued criminally. Sidley secured the result through an unopposed motion to terminate probation and fines.
Antitrust Crime Enforcement May Escalate Under New Chief
A recent speech by Acting Deputy Assistant Attorney General Daniel Glad signals that the U.S. Department of Justice (DOJ) Antitrust Division will continue actively pursuing criminal antitrust violations, with a focus on individual accountability and significant prison sentences as a deterrent. Glad also highlighted increased enforcement activity, the expanding role of the Procurement Collusion Strike Force, and the impact of the new antitrust whistleblower rewards program. Read the full article to learn more about what these developments could mean for companies and their compliance programs.
New U.S. DOJ Antitrust Leadership Signals More Criminal Prosecutions and Longer Prison Sentences
Two weeks after a leadership shakeup in the U.S. Department of Justice (DOJ) Antitrust Division, Acting Deputy Assistant Attorney General for Criminal Enforcement Daniel W. Glad stressed in his first public remarks that the Division’s criminal enforcement program will remain highly active and that individuals involved in criminal antitrust offenses should continue to expect lengthy prison sentences. To drive home this message, Glad highlighted the fact that the Antitrust Division opened nearly 100 criminal investigations in FY 2025 and secured prison sentences that reflected more than a 1,200% increase in prison days imposed year-over-year. He cautioned that individuals who commit criminal antitrust offenses should “be aware that what’s on the line isn’t just a fine — it’s their … liberty.”
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Matthew Podolsky Joins as Partner in Sidley’s White Collar Defense and Investigations and Commercial Litigation and Disputes Practices in New York
Sidley is pleased to announce that Matthew Podolsky has joined the firm as a partner in its White Collar Defense and Investigations practice and its Commercial Litigation and Disputes practice in New York. He joins Sidley after a distinguished career as a federal prosecutor, most recently serving as the Acting U.S. Attorney for the Southern District of New York (SDNY).