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.
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.
SCOTUS Speaks: Guilty Pleas Don’t Waive All Appellate Claims
On February 21, 2018, in Class v. United States, the U.S. Supreme Court reaffirmed that a defendant who pleads guilty can still raise on appeal any constitutional claim that does not depend on challenging his or her "factual guilt."
Supreme Court Ruling Narrows Dodd-Frank Whistleblower Protections
Perhaps no part of the Dodd–Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") has garnered as much attention as its whistleblower provisions, which pay corporate whistleblowers bounties under some circumstances, and prevent employers from retaliating against whistleblowing employees.
Former Colorado Chief Justice and Colleagues Examine Broader Implications Of Sessions’ Marijuana Move
There will be little debate that this has been a bad day for the state-sanctioned (and regulated) marijuana industry.
In Action Against Yahoo, the SEC Seeks Emails Without A Warrant
Since 2010, the SEC has abided by the Sixth Circuit's decision in United States v. Warshak, and has not subpoenaed emails of an individual from third party service providers.
Supreme Court to Decide Significant Whistleblower Issue
Five Criminally Charged in Flint Water Crisis
In an unprecedented move on June 14, 2017, Michigan's Attorney General, Bill Schuette, charged five state officials with involuntary manslaughter, alleging that each had failed to address the city of Flint's contaminated water issue that they knew was connected to the poisoning deaths of 12 individuals.
9th Circuit Clarifies Elements of Misprision of Felony
A Ninth Circuit panel recently issued a decision in United States v. Olson, affirming the conviction of the former Alaska executive director of the U.S. Department of Agriculture's ("USDA") Farm Service Agency for misprision of felony under 18 U.S.C. § 4.
Supreme Court Reins In SEC’s Disgorgement Power
SEC Suffers Rare Loss in Insider Trading Case Before Agency Judge
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.
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.
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.