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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 🡢

Supreme Court

Forward at Your Own Risk – U.S. Supreme Court Expands the Scope of Rule 10(b)-5 Liability

The U.S. Supreme Court recently handed down a win for the SEC and private securities litigants, significantly broadening the scope of primary liability under Rule 10b-(5).  

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pricing financial securities

Bellwether Spoofing Case Goes to Trial in Chicago

Can a software programmer be held criminally responsible for designing a program that a trader uses to "spoof" the commodity futures market?  

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Buildings London

UK’s Impending “Name and Shame” for Supply Chain Forced Labor

The U.K. Modern Slavery Act of 2015 requires companies falling under its jurisdictional hook to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively "forced") labor from their supply chains. 

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Education

Higher Ed: Admissions Scandal Wake Up Call

The arrests in the college admissions bribery scandal may have ushered in a new era of scrutiny by federal law enforcement.  

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People sitting in front of a laptop

CFTC Dips Its Toe into Anti-Corruption Space

On March 6, 2019, the Division of Enforcement of the U.S.

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Bankruptcy & Restructuring image, train tracks

Financial Crisis—Six Lessons Learned for Legal Counsel

During the financial crisis, government enforcement agencies started taking a hard look at Wall Street institutions, and these days a company must respond proactively and dynamically when addressing the challenges of government investigations and litigation.  

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Gavel with scale

Revisiting Agency Liability Under the FCPA Post-Hoskins

In United States v. Hoskins, 902 F.3d 69 (2d Cir.

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Government

SEC’s Polycom FCPA Settlement Leaves Unanswered Questions

On December 26, 2018, the Securities and Exchange Commission ("SEC") announced a settlement with communications technology firm Polycom, Inc.

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Employees in the Office

Preparing Your Company to Respond to Unannounced Government Visits (Part 3)

This three-part series, written by recent in-house counsel and former federal prosecutors, aims to help legal and compliance te

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conference

Preparing Your Company to Respond to Unannounced Government Visits (Part 2)

This series, written by recent in-house counsel and former federal prosecutors, aims to help in-house legal and compliance teams avoid the types of seemingly minor or inconsequential missteps that can lead to aggressive government responses, including parallel c

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Land Construction

What Does the 2018 Farm Bill Mean for Hemp/CBD Businesses?

On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law.

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Conference group

Preparing Your Company to Respond to Unannounced Government Visits (Part 1)

This series, written by recent in-house counsel and former federal prosecutors, takes a practical approach to helping in-house legal and compliance teams operating in a world of complex regulatory schemes and increased whistleblower activity. 

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Government

SEC May Limit “Game Changing” Whistleblower Bounties

On June 28, 2018, the U.S.

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Gavel banging

SCOTUS Finds SEC ALJ Appointments Unconstitutional

On June 21, 2018, the Supreme Court issued its highly anticipated opinion in Lucia v. SEC, finding that the manner in which the U.S. Securities and Exchange Commission (SEC) selects its "in-house" administrative law judges (ALJs) violates the Appointments Clause of the Constitution.  

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Supreme Court

Courts Continue to Grapple with Border Searches of Electronic Devices: Fourth Circuit Rules Forensic Searches Require Individualized Suspicion

On May 9, 2018, the Fourth Circuit Court of Appeals issued an opinion in United States v. Kolsuz, holding that the Fourth Amendment requires individualized suspicion for forensic searches of cell phones seized at the border. 

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