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.
2023 Amendments to Federal Sentencing Guidelines Now in Effect
On November 1, 2023, significant amendments to the Federal Sentencing Guidelines went into effect after Congress took no action to veto the proposed amendments, which were adopted by the U.S. Sentencing Commission earlier this spring.
DOE Resolution Requires Newark School District to Implement Robust Measures to Comply with Title IX
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Antitrust Division Dealt Another Setback in No-Poach Prosecutions
On April 28, 2023, a federal court in Connecticut dismissed the United States Department of Justice ("DOJ") Antitrust Division's latest—and largest—criminal anti-poach case brought to trial.
Supreme Court Declines to Resolve Circuit Split Regarding Ineffective Assistance of Counsel
The U.S. Supreme Court has recognized "the reality that criminal justice today is for the most part a system of pleas, not a system of trials."
Highlighting Enforcement Focus on Cybersecurity, SEC Proposes New Disclosure & Incident Response Rules
The U.S. Securities and Exchange Commission's focus on cybersecurity continues in its most recent effort to modernize financial privacy rules and emphasize transparency between SEC-regulated entities who suffer from a cyber breach and the individuals impacted by the breach.
DOJ to Prioritize Enforcement of Sanctions and Export Control Violations Against Corporations
Garland Memo, Emphasizing Prosecutorial Lenity, Reflects Significant DOJ Policy Shift
On December 16, 2022, U.S. Attorney General Merrick Garland issued a memorandum (the Garland memo) to all federal prosecutors, reflecting a significant new policy regarding charging, pleas, and sentencing in federal criminal cases.
Venue Misstep Shows Complexity of Prosecuting Cybercrime: Supreme Court to Weigh In
The Supreme Court of the United States will decide an issue impacting charging decisions in criminal cases involving technology and where those cases are tried. Specifically, the Supreme Court will decide whether criminal defendants may be retried after they are convicted in the wrong "venue," i.e., the location where the trial took place.
The ESG Disclosure Wave: Final Approval for the EU’s Corporate Sustainability Reporting Directive
On November 28, 2022, the Council of the European Union (EU) gave final approval to implement the EU Corporate Sustainability Reporting Directive (CSRD)
Recent DOJ Guidance on Personal Devices and Third-Party Messaging Applications Applies to Any Company DOJ May Scrutinize
The U.S. Department of Justice (DOJ) recently released new guidance announcing several policy changes to further strengthen and clarify its approach to prosecuting corporate crime.
Play it again, SEC: Two Familiar Refrains from the FY 2022 Enforcement Results
Just this week, the Securities and Exchange Commission announced its enforcement results from fiscal year 2022.
Chinese Data Privacy Laws Muddy Collection of Messaging App Data
In this article featured in Bloomberg Law, Perkins Coie attorneys explain how China's new data security laws and use of third-party apps by Chinese employees create significant obstacles for companies conducting internal investigations in the country.
DOJ Continues to Prioritize National Security-Related Cases with First Corporate Terrorism Support Prosecution
On October 18, 2022, the Department of Justice (DOJ) announced a guilty plea by Lafarge, S.A., a French building materials company, and its Syria-based subsidiary, for providing material support to designated Foreign Terrorist Organizations.
Key Compliance Takeaways from Oracle’s $23M FCPA Settlement with the SEC
On September 27, 2022, the United States Securities and Exchange Commission (SEC) announced a settlement with Oracle Corporation (Oracle) to resolve allegations that its subsidiaries in India, Turkey, and the United Arab Emirates violated the Foreign Corrupt Practices Act (FCPA) by creating off-the-books slush funds and using those s
SEC’s First Reg BI Lawsuit Takes Strong Position on Individual Liability
The U.S. Securities and Exchange Commission (SEC) is putting some muscle behind Regulation Best Interest (Reg BI).
On June 16, 2022, nearly two years after Reg BI went into effect, the SEC filed its first federal lawsuit to enforce the rule against a broker-dealer and its registered representatives.