White Collar Briefly
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.
Insight Into the Upcoming New Administration’s Antitrust Policy
With the nomination of Commissioner Andrew Ferguson as chair of the Federal Trade Commission (FTC or Commission) and Gail Slater to helm the U.S. Department of Justice’s (DOJ) Antitrust Division, the second Trump administration’s antitrust policy is coming into focus.
Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets
In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad.
Texting Troubles - Tackling the Mounting Legal and Compliance Risks of Business Communications on Personal Phones
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
Supreme Court Poised to Address Fraudulent Inducement Theory of Mail and Wire Fraud in 2024-25 Term
White-collar criminal prosecutions frequently involve charges under the federal mail and wire fraud statutes.
FERC Enforcement Authority After SCOTUS Jarkesy Decision
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.
Navigating the DOJ's New Whistleblower and Self-Disclosure Programs
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.
Supreme Court Securities Fraud Ruling Further Limits SEC's Enforcement Authority, With Rippling Effects on the Administrative State To Come
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.
First-Ever Declination Under DOJ National Security Corporate Enforcement Policy
The Corporate Transparency Act: A Primer for In-House Counsel
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.
Whistle While You Work: DOJ Announces Whistleblower Rewards Program
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
Key Takeaways from SAP’s FCPA Resolutions with DOJ and SEC
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 Treasury, Financial Crimes Enforcement Network Proposes New and Expansive Anti-Money Laundering Rules For Investment Advisers
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.
Shadow Trading: With Trial Looming in SEC v. Panuwat, the SEC’s Latest Insider Trading Theory Takes Further Shape
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.
U.S. Congress Passes FEPA To Address the “Demand-Side” of Bribery
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.
Disclosing Emerging Risks Top of Mind for the SEC
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