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. Subscribe 🡢
Investigation into Odebrecht Bribes in Mexico Highlights Need For Prompt Implementation of New National Anti-Corruption System
As Mexico works towards implementing its new National Anti-Corruption System, the largest foreign bribery case in history, arising out of Brazil, serves to h
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The First 100 Days: Insider Trading Enforcement to Hold Steady?
In the months leading up to President Trump's inauguration and even during his first 100 days in office, speculation has persisted on whether white-collar enforcement will continue to be robust and, if so, which areas will be targeted.
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The First 100 Days: Uncertainty in FCPA Enforcement
President Trump's 2012 criticism of the Foreign Corrupt Practices Act (FCPA) is well-documented.
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The First 100 Days: A Renewed Commitment to Health Care Enforcement
Healthcare fraud enforcement, which has received much less media attention than Republican-led efforts to repeal and replace the Affordable Care Act during the first 100 days of President Donald Trump's administration, nevertheless had some key developments that provide signals for future trends in the space.
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SEC Suffers Rare Loss in Insider Trading Case Before Agency Judge
Marking a rare loss for the Securities and Exchange Commission (SEC) in its favored administrative forum, SEC Administrative Law Judge (ALJ) James E.
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SEC Disgorgement Power - Time Running Out?
On April 18, 2017, the U.S. Supreme Court heard oral argument in Kokesh v. Securities and Exchange Commission—a case which could determine whether the Securities and Exchange Commission's power to disgorge ill-gotten gains is subject to a statute of limitations.
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Has the DOJ Perspective on Corporate Compliance Evolved?: Three Ways the DOJ’s Recent Guidance Differs from the FCPA Resource Guide and U.S. Sentencing Guidelines
The U.S. Department of Justice ("DOJ")'s Criminal Fraud Section recently issued guidance for corporate compliance programs in a document titled Evaluation of Corporate Compliance Programs ("Fraud Section Guidance"), which reflects a number of notable differences from prior guidance on similar issues.
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SEC Chairman Nominee Jay Clayton Provides Insight on the Future of the SEC (Part 2)
In this two-part series, we recap the confirmation hearing highlights of President Donald Trump's nominee for chairman of the U.S. Securities and Exchange Commission, Jay Clayton, who testified before the Senate Banking Committee on March 23, 2017.
SEC Chairman Nominee Jay Clayton Provides Insight on the Future of the SEC (Part 1)
President Donald Trump's nominee for chairman of the U.S. Securities and Exchange Commission, Jay Clayton, testified before the Senate Banking Committee during his confirmation hearing on March 23, 2017.
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March Madness in the Municipal Bond Market – A Focus on Gatekeepers
The month of March has brought with it the first-ever criminal municipal bond securities fraud conviction, the resolution of enforcement actions targeting banks and senior executives accused of shirking duties to oversee municipal bond issuances, and proposed rule amendments intended to improve municipal securities disclosures—continuing a trend of intensified regulatory enforcement that target
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FCPA Pilot Program Extension Not Necessitate “Rush to Disclose”
On March 10, 2017, at the annual ABA White Collar Conference in Miami, Kenneth Blanco, Acting Assistant Attorney General for the DOJ's Criminal Division, announced that the FCPA Pilot Program would stay in place beyond its current April 5, 2017 expiration date so the DOJ could "begin the process of evaluating the utility and the efficacy, whether to extend it and what revisions if any we should
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DOJ Officials Offer Guidance for Food Company Execs Looking to Minimize Criminal Exposure
For many corporate executives in the food industry, the U.S.
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Uncertainty Looms Over SEC Enforcement Staff
The air of uncertainty was palpable as current and former members of the U.S. Securities and Exchange Commission's (SEC) Division of Enforcement spoke at the Securities Regulation Institute's 44th Annual Conference in Coronado, California earlier this week.
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Anti-Corruption Scrutiny in Mexico Expands
Mexico's new anti-corruption system, which was signed into law by President Enrique Peña Nieto on July 18, 2016, builds on constitutional reforms passed in May 2015 and is designed to increase oversight of public officials to deter corruption at all levels of the Mexican government.
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How Will Criminal Trade Secret Prosecutions Fare Under President Trump?
Analysis of public sources indicates that under the Obama administration, the U.S. government has made substantial efforts to combat trade secret theft through an increase by the U.S. Department of Justice in the number of criminal trade secret prosecutions.