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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. Subscribe 🡢

Supreme Court Outside

Unanimous Supreme Court Rejects Second Circuit's Limitations on Insider Trading Cases

For those watching in the trading world, the U.S. Supreme Court has confirmed that your friends can, indeed, pass on a gift of non-public information about a company that could leave you criminally liable for insider trading, even if they gain nothing concrete in return. 

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Finance bank

JPMorgan Chase Will Pay $264 Million to Settle FCPA Charges Relating to Improper Hiring Practices

Yesterday, the U.S. Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC") announced that JPMorgan Chase & Co.

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Intellectual Property Data

FBI Director Comey Takes Baton in DOJ’s Continuing Push for Access to Encrypted Data

At various times over the last several years, the DOJ has pushed for updates to the Electronic Communications Privacy Act (ECPA) that would include greater access to encrypted information stored on electronic devices. 

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Tax paperwork

Will the Panama Papers Lead to Criminal Charges Against U.S. Taxpayers?

The massive Panama Papers leak has attracted attention to the use of offshore business entities and implicated 2,400 U.S.-based clients of Mossack Fonseca. 

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U.S. Capitol at sunset

DOJ Brings Largest Kleptocracy Asset Recovery Action For Over $1 Billion Misappropriated From 1MDB

In the largest action brought under the Kleptocracy Asset Recovery Initiative, the DOJ seeks to recover over $1 billion in assets bought with laundered funds misappropriated from 1Malaysia Development Berhad ("1MDB"), a Malaysian sovereign wealth fund. 

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Contracts

SEC Charges Private Fund Administrator with Gatekeeping Failures

The Securities and Exchange Commission (SEC) recently announced an administrative settlement with Apex Fund Services (US) Inc., a firm providing administrative services to private funds, based on its alleged failure to heed red flags and correct faulty accounting by two private equity managers. 

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image of the road cutting through the forest

DOJ’s Increased Focus on Environmental Criminal Cases

Recently, John C. Cruden, DOJ's Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ's environmental litigation, voiced a heightened commitment to enforcing environmental laws through criminal prosecution.  

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Contracts

Silicon Valley in the Cross-Hairs

SEC and DOJ Targeting Fraud Involving Pre-IPO Companies Historically regulators have been reluctant to interfere with the complex world of pre-IPO  financing and private market transactions, which tend to involve the most sophisticated investors.  

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Supreme Court Outside

Second Circuit Reverses $1.27B Penalty Under FIRREA

On May 23, 2016, the Second Circuit presented a significant setback to the Department of Justice (DOJ) by reversing a $1.27 billion penalty against Bank of America and Countrywid

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Government

Three Key Challenges To the Future of SEC Enforcement

Since the financial crisis, the Securities and Exchange Commission's enforcement activity has been the subject of much attention and debate. 

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Food groceries vegetables

DOJ's Focus on Food Safety and Corporate Executives

On April 29, 2016, Dole Foods Company announced that the Department of Justice (DOJ) had launched an investigation concerning listeria outbreaks at certain Dole plants.  

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Microphone Meeting

Anti-Corruption Efforts Taking Center Stage in Central America

In late 2015 and early 2016, Central American countries such as Panama, Guatemala, and Honduras have seen a sharp rise in anti-corruption sentiment, and in turn, investigation and enforcement. 

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U.S. Capitol at sunset

Supreme Court Restricts Pretrial Freezing of Untainted Assets

On Wednesday, March 30, 2016, the U.S. Supreme Court ruled in Luis v. United States, No. 14-419, slip op., that the pretrial restraint of legitimate, untainted assets needed to retain counsel of choice violates the Sixth Amendment. 

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Group of people standing over a table in a conference room.

AAG Caldwell Dispels Rumors of “Yates Certification” Requirement

On March 3, 2016, DOJ Criminal Division's Assistant Attorney General Leslie Caldwell addressed recent media reports claiming that companies under investigation by DOJ will soon need to certify their full disclosure of certain documents as a prerequisite to obtaining a settlement agreement with the Department.  

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image of commercial buildings

Enforcing the STOCK Act: Public Interest v. Public Interest

In a somewhat rare decision, U.S. District Judge Gardephe of the SDNY granted a motion to stay his previous order regarding the scope of the SEC's ability to subpoena information from Congress, pending its appeal to the Second Circuit.  

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