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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 🡢

Government

Seventh Circuit Holds Objective Scienter Standard Applies to FCA

In its recent decision in United States ex. rel. Schutte v.

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Finance bank

U.S. Supreme Court Rejects Argument That Defendant “Opened the Door” to Evidence That Violated Confrontation Clause

On January 20, 2022, the U.S. Supreme Court held in an 8-1 opinion in Hemphill v. New York that Darrell Hemphill did not "open the door" to the admission of out-of-court third-party testimony by making it "arguably relevant to his theory of defense." 

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Company

SEC Awards Over $17 Million to Whistleblowers in the First Two Weeks of 2022

Fiscal Year (FY) 2021 was a record-breaking year for the U.S. Securities and Exchange Commission's (SEC's) Office of the Whistleblower.

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Conference Room

FTC Issues Policy Statement Aimed at Increasing Criminal Referrals for Corporations & Executives

The Federal Trade Commission (FTC) recently issued a new policy statement expanding its criminal referral policy. 

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Co-Founder of Crypto Mining Firm Prevails in Jury Verdict Based on Interpretation of Unique Securities Fraud Instruction

In Audet v. Fraser, an unusual case where federal jurors in a class action lawsuit considered whether digital assets known as "Hashlets" constitute securities, the District of Connecticut jury found that the Hashlets were not securities, a nd therefore the defendant was not liable for securities fraud.

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Phone Consumer

Consumer Protection Regulator Signals Increased Scrutiny of Payments Systems and Tech Companies

Through a series of recent public comments, top leadership from the Consumer Financial Protection Board ("CFPB") is warning that the agency is poised to play an increasingly affirmative role in the oversight of new payments systems, including the technologies and technology companies involved. 

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Medical Healthcare Science

FCA Enforcement Risks and Healthcare Compliance: A Conversation With Pete Jensen, Global Chief Compliance Officer for Arthrex, Inc.

In this second episode of a series regarding False Claims Act (FCA) enforcement, Perkins Coie attorneys Barak Cohen and Alex Canizares are joined by guest Pete Jensen, Global Chief Compliance Officer for Arthrex, Inc., one of the world's

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People sitting in front of a laptop

Corporate Compliance Crackdown: DOJ Announces New Enforcement Policies for Business Entities

Deputy Attorney General Lisa Monaco delivered an exacting message to the white-collar defense bar at the ABA's 36th National Institute on White Collar.

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Flag Column

Preparing for DOJ’s White Collar Enforcement “Surge”: Five Compliance Practices for Companies to Shore Up Now

During a speech last week to a group of white collar defense attorneys, John Carlin, a senior official at the Department of Justice (DOJ) confirmed what many in the white collar and corporate compliance space have been preparing for since January: the DOJ is devoting a "surge" of resources to ramp up its white collar enforcement efforts. 

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U.S. Capitol at sunset

Supreme Court to Weigh Protections Under Confrontation Clause

The Sixth Amendment's Confrontation Clause provides criminal defendants with the right to "confront"—i.e., cross-examine—the witnesses against them. 

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Financial Services & Investments

CME Broadens Scope of Prohibited Trading Practices

On July 19, 2021, CME Group Inc. (the CME), the parent company of derivatives exchanges including the Chicago Mercantile Exchange and New York Mercantile Exchange, issued a Market Regulation Advisory Notice amending prior guidance on prohibited disruptive trading practices. 

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Finance bank

Hot Topics in Financial Services:  A View from Morgan Stanley CLO

Perkins Coie LLP White Collar & Investigations partners Lee Richards III and David Massey are joined by Eric Grossman, the Chief Legal Officer of Morgan Stanley, for an in-depth discussion of hot topics in the financial services en

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FTC Continues Crackdown on Unsupported CBD Marketing

In this post, Perkins Coie attorneys discuss a U.S. Federal Trade Commission settlement regarding its most recent law enforcement action to monitor the marketplace for misleading cannabidiol product claims. 

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Labor & Employment

Trauma-Informed Investigation Techniques in the Workplace

In recognition of Mental Health Awareness Month, we are highlighting the use and application of trauma-informed investigation techniques during internal investigations.

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Cannabis Law (leaf)

Ambiguity In Federal Cannabinoid Law Creates Loophole

In this post, Perkins Coie attorneys explore the statutory ambiguities that are prompting some in the hemp industry to "lawfully" sell hemp-derived Delta-8 THC. Entrepreneurs have swiftly responded to the current loophole and a Delta-8 market has exploded. 

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