November 19–21, 2025

The Biltmore Miami, Coral Gables, FL

Massumi + Consoli was proud to sponsor the Consero Corporate Litigation & Investigations Forum in Miami. Our Litigation partners, Michael Huttenlocher and Lewis Zirogiannis, led the Forum’s inaugural Tabletop Talks sessions on “Transactional Litigation: Mitigating Risks in Corporate Deals and Disputes” and “White Collar Crime in Focus: Emerging Trends and FCPA Enforcement.” Both sessions offered practical perspectives on emerging risks, evolving enforcement trends and challenges facing today’s in-house legal teams.

During the transactional litigation discussion, in-house counsel highlighted several themes that continue to shape deal execution and dispute strategy.

• Many legal teams are actively exploring ways to incorporate AI into their workflows but remain cautious about protecting privilege and maintaining the confidentiality of sensitive company data.
• Participants also noted the growing complexity of regulatory compliance, particularly for companies with operations in California, which is often described as navigating “California vs. 49 other states.”
• Litigation cost management was another recurring topic, with attendees emphasizing the importance of transparency and open communication to support effective partnership between internal teams and outside counsel.

The white collar and FCPA session underscored the renewed momentum in enforcement activity.

• FCPA enforcement activity is reaccelerating, with DOJ signaling a strengthened focus on individual accountability, recidivist scrutiny and heightened expectations around compliance controls across global operations. Early internal response and disciplined fact development remain essential, though companies may need to reassess voluntary disclosure strategies in light of recent developments, including the DOJ’s Corporate Enforcement Policy and the Liberty Mutual FCPA declination (August 2025).
• Attendees also discussed the increasing scrutiny around attorney-client privilege and work product protections in internal investigations. The Sixth Circuit’s decision in In re FirstEnergy Corp., No. 24-3654 (6th Cir. Oct. 3, 2025), narrowed privilege where investigative communications lacked sufficient independence or blurred roles among management, the board and outside counsel. The case highlights the importance of structuring investigations with clear oversight, defined roles and disciplined communication protocols.

The conversations throughout the Forum reflected the rapidly evolving landscape facing corporate legal departments. As regulatory demands increase and enforcement expectations intensify, organizations are navigating more complex investigations, heightened compliance obligations and ongoing pressure to manage litigation efficiently.