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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. 

Workplace Conversation
April 2, 2015

SEC Action To Protect Whistleblowers May Impact Internal Investigations

On April 1, 2015, the Securities and Exchange Commission announced its first enforcement action against a company for using improperly restrictive language in confidentiality agreements allegedly aimed at stifling potential whistleblowers

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Supreme Court
March 18, 2015

Call to Arms from White House and DOJ on Spyware Sanctions

Last week, DOJ's Assistant Attorney General Leslie Caldwell took to the Justice Department's blog to rally support behind recent White House proposals that would bolster law enforcement tools

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People sitting in front of a laptop
March 5, 2015

SEC Awards First Whistleblower Payout to Former Company Officer

The Securities and Exchange Commission announced this week that it has awarded its first whistleblower payout to a former company officer.

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Government
February 16, 2015

Government Investigations in the Wake of Data Breaches

Recent high profile cyberattacks and data breaches like those suffered by Sony Pictures Entertainment and Target Corporation have prompted many companies to begin reevaluating their own vulnerabilities.  

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U.S. Capitol at sunset
February 2, 2015

Holder Takes “First Step” in Comprehensive Review of Federal Asset Forfeiture Program

Last month, Attorney General Eric Holder took an important first step towards reforming the DOJ's federal Asset Forfeiture Program. 

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Technology and Communications related image
January 30, 2015

DOJ's "Top 10" for Effective FCPA Compliance Programs

At the American Conference Institute's 9th Annual Houston Foreign Corrupt Practices Act Boot Camp, January 27-28, 2015, Deputy Criminal Chief Jason Varnado, from the Major Fraud Section of the United States Attorney's Office in the Southern District of Texas, offered the audience of compliance and audit professionals insight into what the Department of Justice (DOJ) expects to see in corpo

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International
January 30, 2015

Major Changes in Government Contractor Compliance

The newly released Federal Acquisition Regulation provisions — arising out of President Obama's 2012 Executive Order 13627 — mandate that all federal contractors take certain actions related to combating human trafficking and slavery in their supply chains. 

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Microphone Meeting
January 20, 2015

General Counsel's Secret Recordings Ruled Admissible Against CEO

Last week, a judge in the U.S. District Court in Camden, New Jersey ruled that prosecutors can use secretly recorded conversations between Joseph Sigelman, the former chief executive officer of PetroTiger, and the company's former general counsel, Gregory Weisman, in Sigelman's upcoming trial.  

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Buildings London
January 7, 2015

UK Continues to Ramp Up Enforcement Under Bribery Act

While the primary domestic anti-bribery statute, the FCPA, has been on the books for nearly four decades, the UK's principal anti-bribery law, the UK Bribery Act, is merely an infant, having become effective in July 2011.  

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Board of Directors/Conference
December 29, 2014

Compliance Officer Assessed $1 Million Penalty for Program Failures

In a rare move targeting an in-house compliance officer, the former Chief Compliance Officer of MoneyGram International Inc. has been assessed a $1 million civil penalty by the U.S.

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Supreme Court Outside
December 4, 2014

Supreme Court Remains Silent on Crime-Fraud Exception

In its recent declination to review the Third Circuit's decision in In Re: Grand Jury Subpoena, a case involving the contours of the crime-fraud exception to the attorney-client privilege, the U.S.

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People sitting in front of a laptop
November 25, 2014

Big Paydays for Whistleblowers? Not so fast...

With over 10,000 whistleblower tips since 2011, the Securities and Exchange Commission ("SEC") recently unveiled its most detailed portrait yet of the whistleblowers who have received awards under the SEC incentive program created by the Dodd-Frank Wall Street Reform and Consumer Protection Act. 

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Bankruptcy & Restructuring image, train tracks
November 13, 2014

Expanded warrants to let DOJ remotely search and seize electronically stored information saved anywhere?

The U.S. Judicial Conference recently received public comments on proposed amendments to Federal Rule of Criminal Procedure 41 (the "Rule"), which would enlarge DOJ's ability to remotely access, search, and seize electronically stored information ("ESI").  

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American flag between a city block of tall buildings
October 29, 2014

SEC's Home "Court" Advantage Being Challenged

The U.S. Securities and Exchange Commission has made clear that it intends on filing more enforcement actions in administrative proceedings, which are heard by its own Administrative Law Judges (ALJs).  

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Supreme Court
October 28, 2014

Ninth Circuit Limits Ability of Foreign Nationals to Challenge FCPA Charges from Abroad

As made clear in the DOJ and SEC's joint Resource Guide to the Foreign Corrupt Practices Act (FCPA), U.S.

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