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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. 

Buildings London
January 7, 2015

UK Continues to Ramp Up Enforcement Under Bribery Act

While the primary domestic anti-bribery statute, the FCPA, has been on the books for nearly four decades, the UK's principal anti-bribery law, the UK Bribery Act, is merely an infant, having become effective in July 2011.

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American flag between a city block of tall buildings
October 29, 2014

SEC's Home "Court" Advantage Being Challenged

The U.S. Securities and Exchange Commission has made clear that it intends on filing more enforcement actions in administrative proceedings, which are heard by its own Administrative Law Judges (ALJs).

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Supreme Court
October 28, 2014

Ninth Circuit Limits Ability of Foreign Nationals to Challenge FCPA Charges from Abroad

As made clear in the DOJ and SEC's joint Resource Guide to the Foreign Corrupt Practices Act (FCPA), U.S. prosecutors view foreign nationals as liable under the FCPA, regardless of whether they have taken any action in the United States, in cases where they aided and abetted, conspired or acted as an agent of an issuer or domestic concern. View blog post
Trust & Estates Planning, people around a table in an office
September 18, 2014

Federal Inmates Warned to Avoid Email When Contacting Attorneys

Far surpassing letter writing and even phone calls, email has become the primary method by which attorneys communicate with their clients.

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Flag hanging from corporate building
August 19, 2014

Criminalizing Insider Trading from Wall Street to K Street: Taking Stock of the STOCK Act

Recent court filings have confirmed that the U.S. Department of Justice and the Securities and Exchange Commission are continuing to conduct parallel criminal-civil investigations involving insider trading on Capitol Hill.

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Supreme Court
August 5, 2014

DOJ Trims Away Some Excess of the Federal False Statement Statute

The federal statute criminalizing false statements, 18 U.S.C. § 1001, is one of the most widely-used tools in a federal prosecutor's toolbox.

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close up shot of a digital stock market tracking graph following a recent crash in prices. Bear market 3D illustration
July 7, 2014

SEC Announces Development of Rules to Oversee High-Speed Trading

In the months following revelations about the potentially-unfair advantages created by high-speed trading, SEC Chairman Mary Jo White announced that the SEC intends to develop rules to target high-speed trading in order to quell concerns that the practice allows traders to manipulate the market by, among other things, "front running" other traders. View blog post
Government
June 6, 2014

Will Rakoff’s “Legal Error” Change SEC’s View of Settlement Admissions?

On June 4, 2014, the Second Circuit Court of Appeals vacated Judge Rakoff's November 28, 2011 Order that had rejected the Citigroup-SEC settlement on a number of grounds, including that the SEC had allowed Citigroup to avoid admitting guilt. View blog post
Conference Room
April 22, 2014

Sixth Circuit: When Plea Agreements Waive the Right to Appeal Restitution

Over 90% of federal criminal cases are resolved by plea agreement, and plea agreements typically require defendants to waive their rights to appeal their sentences.

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conversation
April 11, 2014

Cause for Alarm? Protecting Internal Investigations from Disclosure after Barko

Whether documents prepared in connection with an internal investigation are protected from disclosure by the attorney-client privilege or work-product doctrine is a topic of continuing interest and current debate.

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Illuminated fiber optic cables
April 9, 2014

Speed is Good: But Is High-Speed Trading A Crime?

In the 1987 film "Wall Street," Gordon Gecko gives a memorable speech in which he declares "that greed, for lack of a better word, is good. Greed is right, greed works."

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U.S. Capitol at sunset
January 18, 2014

Top 10 Compliance Trends for 2014

It is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014. View blog post
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