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.

Whistle While You Work: DOJ Announces Whistleblower Rewards Program
During a keynote speech on March 7, 2024 at the American Bar Association's National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced that the Department of Justice (DOJ) will launch a pilot program offering financial incentives for

Key Takeaways from SAP’s FCPA Resolutions with DOJ and SEC
On January 10, 2024, the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) announced settlements with SAP SE (SAP), a German software company, to resolve allegations that SAP violated the U.S.

The U.S. Department of Treasury, Financial Crimes Enforcement Network Proposes New and Expansive Anti-Money Laundering Rules For Investment Advisers
The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has proposed new rules that would require anti-money laundering/countering the financing of terrorism (AML/CFT) programs for investment advisers.

Shadow Trading: With Trial Looming in SEC v. Panuwat, the SEC’s Latest Insider Trading Theory Takes Further Shape
On November 20, 2023, a federal district court in the Northern District of California declined to grant summary judgment to the defendant in SEC v. Panuwat, the first-ever enforcement action by the U.S.

U.S. Congress Passes FEPA To Address the “Demand-Side” of Bribery
On December 14, 2023, the U.S. Congress passed the Foreign Extortion Prevention Act ("FEPA"), one of the most important expansions of anti-corruption law in recent years and a key to expanding "demand-side" corruption enforcement.

Disclosing Emerging Risks Top of Mind for the SEC
At the recent 2023 Garrett Securities Law Institute Conference SEC panelists, including Erik Gerding, Director of the Division of Corporation Finance, reinforced how important it is for companies to assess emerging risks for materiality—particularly those risks stemming from Environmental, Social and Governance (ESG) issues and cybersecurity issues—and to ensure that those risks are appropriate

Supreme Court to Decide the Limits of the Government’s Forfeiture Power
The Supreme Court of the United States has agreed to review an apparent circuit split over how long after a criminal conviction the United States can forfeit a criminal defendant's property.

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

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

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.