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White Collar Briefly

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White Collar Briefly

Drawing from breaking news, ever changing government priorities, and significant judicial decisions, this blog from Perkins Coie’s White Collar and Investigations group highlights key considerations and offers practical insights aimed to guide corporate stakeholders and counselors through an evolving regulatory environment. 

Education
March 25, 2019

Higher Ed: Admissions Scandal Wake Up Call

The arrests in the college admissions bribery scandal may have ushered in a new era of scrutiny by federal law enforcement.

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People sitting in front of a laptop
March 11, 2019

CFTC Dips Its Toe into Anti-Corruption Space

On March 6, 2019, the Division of Enforcement of the U.S. Commodity Futures Trading Commission ("CFTC") issued a new Enforcement Advisory on self-reporting violations of the Commodity Exchange Act ("CEA") involving foreign corrupt practices. View blog post
Gavel with scale
February 12, 2019

Revisiting Agency Liability Under the FCPA Post-Hoskins

In United States v. Hoskins, 902 F.3d 69 (2d Cir. 2018) the Second Circuit held that a non-resident foreign national cannot be criminally liable for aiding and abetting or conspiring to violate the FCPA unless the government can establish that such an individual acted as an agent of one of the categories of persons subject to liability as a principal. Background The DOJ charged Lawrence Hoskins, a British national and former Alstom UK executive based in Paris, with FCPA and money-laundering violations. View blog post
Government
January 22, 2019

SEC’s Polycom FCPA Settlement Leaves Unanswered Questions

On December 26, 2018, the Securities and Exchange Commission ("SEC") announced a settlement with communications technology firm Polycom, Inc.

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conference
January 10, 2019

Preparing Your Company to Respond to Unannounced Government Visits (Part 2)

This series, written by recent in-house counsel and former federal prosecutors, aims to help in-house legal and compliance teams avoid the types of seemingly minor or inconsequential missteps that can lead to aggressive government responses, including parallel civil and criminal investigations. View blog post
Land Construction
January 7, 2019

What Does the 2018 Farm Bill Mean for Hemp/CBD Businesses?

On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law.

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Conference group
January 3, 2019

Preparing Your Company to Respond to Unannounced Government Visits (Part 1)

This series, written by recent in-house counsel and former federal prosecutors, takes a practical approach to helping in-house legal and compliance teams operating in a world of complex regulatory schemes and increased whistleblower activity.

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Supreme Court
May 23, 2018

Courts Continue to Grapple with Border Searches of Electronic Devices: Fourth Circuit Rules Forensic Searches Require Individualized Suspicion

On May 9, 2018, the Fourth Circuit Court of Appeals issued an opinion in United States v. Kolsuz, holding that the Fourth Amendment requires individualized suspicion for forensic searches of cell phones seized at the border. 

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Supreme Court Outside
March 14, 2018

SCOTUS Speaks:  Guilty Pleas Don’t Waive All Appellate Claims

On February 21, 2018, in Class v. United States, the U.S. Supreme Court reaffirmed that a defendant who pleads guilty can still raise on appeal any constitutional claim that does not depend on challenging his or her "factual guilt."  

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Supreme Court
February 23, 2018

Supreme Court Ruling Narrows Dodd-Frank Whistleblower Protections

Perhaps no part of the Dodd–Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") has garnered as much attention as its whistleblower provisions, which pay corporate whistleblowers bounties under some circumstances, and prevent employers from retaliating against whistleblowing employees.

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Cannabis-Consumable
January 9, 2018

Former Colorado Chief Justice and Colleagues Examine Broader Implications Of Sessions’ Marijuana Move

There will be little debate that this has been a bad day for the state-sanctioned (and regulated) marijuana industry.  

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Bankruptcy & Restructuring image, train tracks
July 18, 2017

In Action Against Yahoo, the SEC Seeks Emails Without A Warrant

Since 2010, the SEC has abided by the Sixth Circuit's decision in United States v. Warshak, and has not subpoenaed emails of an individual from third party service providers.

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Supreme Court Outside
June 26, 2017

Supreme Court to Decide Significant Whistleblower Issue

In granting a petition to review the Ninth Circuit's decision in Somers v. Digital Realty, the Supreme Court will resolve a circuit court split on the issue of whether Dodd-Frank prohibits retaliation against internal whistleblowers who did not report their concerns about potential securities law violations to the SEC. View blog post
Water Hydro Power
June 19, 2017

Five Criminally Charged in Flint Water Crisis

In an unprecedented move on June 14, 2017, Michigan's Attorney General, Bill Schuette, charged five state officials with involuntary manslaughter, alleging that each had failed to address the city of Flint's contaminated water issue that they knew was connected to the poisoning deaths of 12 individuals.

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Government
June 7, 2017

9th Circuit Clarifies Elements of Misprision of Felony

A Ninth Circuit panel recently issued a decision in United States v. Olson, affirming the conviction of the former Alaska executive director of the U.S. Department of Agriculture's ("USDA") Farm Service Agency for misprision of felony under 18 U.S.C. § 4. 

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