Employees' use of unapproved messaging platforms for business-related communications – and their employer's failure to monitor and preserve such communications, even if inadvertent – may cause employers to fail to preserve relevant documents, and also cause them to provide incomplete responses to subpoenas, requests for information issued by prosecutors, enforcement staff, or private civil part

White-collar criminal prosecutions frequently involve charges under the federal mail and wire fraud statutes. Those statutes criminalize using the mail system or interstate wires for "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises." 18 U.S.C.

On June 27, 2024, in SEC v. Jarkesy, the Supreme Court of the United States held that the Seventh Amendment entitles a respondent to a Securities and Exchange Commission securities fraud action seeking civil monetary penalties to a jury trial.

The U.S. Department of Justice's new Whistleblower Rewards Program and its Pilot Program on Voluntary Self-Disclosures for Individuals will reshape the factors companies consider when investigating and disclosing any corporate or financial issue that may fall within DOJ's purview. 

In a 6-3 decision in SEC v. Jarkesy, the Supreme Court of the United States ruled that respondents to a U.S. Securities and Exchange Commission in-house enforcement action alleging securities fraud and seeking civil penalties have a right to a federal jury trial under the Seventh Amendment.

Perkins Coie partners Chelsea Curfman, Kevin Feldis, Allison Handy, and Michael House provided an in-depth review of key environmental, social, and governance and corporate social responsibility considerations for companies operating in the United States. These include the U.S.

Perkins Coie Partner Jamie Schafer and Senior Counsel Jim Vivenzio provide an overview of key provisions of the Corporate Transparency Act, including the "beneficial ownership" reporting requirements, timeframes for filing and reporting logistics, and liability considerations for companies and senior officers. 

During a keynote speech on March 7, 2024 at the American Bar Association's National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced that the Department of Justice (DOJ) will launch a pilot program offering financial incentives for

On January 10, 2024, the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) announced settlements with SAP SE (SAP), a German software company, to resolve allegations that SAP violated the U.S.

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has proposed new rules that would require anti-money laundering/countering the financing of terrorism (AML/CFT) programs for investment advisers.  

On November 20, 2023, a federal district court in the Northern District of California declined to grant summary judgment to the defendant in SEC v. Panuwat, the first-ever enforcement action by the U.S.

On December 14, 2023, the U.S. Congress passed the Foreign Extortion Prevention Act ("FEPA"), one of the most important expansions of anti-corruption law in recent years and a key to expanding "demand-side" corruption enforcement. 

At the recent 2023 Garrett Securities Law Institute Conference SEC panelists, including Erik Gerding, Director of the Division of Corporation Finance, reinforced how important it is for companies to assess emerging risks for materiality—particularly those risks stemming from Environmental, Social and Governance (ESG) issues and cybersecurity issues—and to ensure that those risks are appropriate

The Supreme Court of the United States has agreed to review an apparent circuit split over how long after a criminal conviction the United States can forfeit a criminal defendant's property.