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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

Monitoring the Monitors: DOJ Ordered to Disclose Info on Monitor Selections

Last month, a D.C. federal judge ordered the Department of Justice to turn over the names of prospective monitors nominated to oversee the corporate compliance programs of fifteen companies found to be in violation of the Foreign Corrupt Practices Act (FCPA).  

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Supreme Court Outside

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."  

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Supreme Court

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.

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Cannabis-Consumable

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.  

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

DOJ’s FCPA Policy Puts Companies on Notice Regarding Electronic Communications

As cybersecurity concerns move more companies to batten down employee use of external email accounts and other websites through blocking software and other measures, the DOJ's recently issued FCPA Corporate Enforcement Policy—now

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Buildings London

Foreign Whistleblowers Continue to Collect Lucrative Bounties under Dodd-Frank

On December 5, 2017, the U.S. Securities and Exchange Commission (SEC) issued an order awarding more than $4.1 million to a whistleblower who voluntarily provided original information to the agency concerning a widespread, multi-year securities-law violation.  

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Corporate Building

DOJ Highlights Disclosure Incentives Under New FCPA Enforcement Policy

The DOJ recently took another step to encourage corporate self-disclosure for FCPA violations through the announcement of a new FCPA Enforcement Policy based on the eighteen month FCPA Pilot Program.  

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Offshore Wind Energy

Michael Coscia’s Spoofing Conviction Upheld by the Seventh Circuit

In a move that will have commodities traders on high alert, the Seventh Circuit Court of Appeals has upheld the conviction of Michael Coscia, who was sentenced to three years in prison after a federal jury found the former trader guilty of spoofing and commodities fraud. 

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Bankruptcy & Restructuring image, train tracks

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.   

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Supreme Court Outside

Supreme Court to Decide Significant Whistleblower Issue

In granting a petition to review the Ninth Circuit's decision in Somers v.

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Water Hydro Power

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.

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Fast Food

Technological Advances in Food Safety Monitoring Present Enforcement Risks, Compliance Opportunities for the Food Manufacturing Industry

At the annual Food Safety Summit in Rosemont, Illinois, the Department of Justice's increased focus on food safety enforcement was a key topic of discussion. 

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Government

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. 

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U.S. Capitol at sunset

Supreme Court Reins In SEC’s Disgorgement Power

This week the Supreme Court trimmed the SEC's power to seek disgorgement of unlawful gains by securities law violators by unanimously holding in Kokesh v.

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Buildings London

U.K. Court Orders Disclosure of Internal Investigation Documents to Criminal Prosecutors

In a controversial ruling, London's High Court has held that interview notes and other documents created by outside legal counsel and forensic accountants as part of an internal investigation into foreign bribery allegations are not protected by the legal professional privilege.  

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