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.
The SEC’s Increasing Focus on the Municipal Bond Market
Recent SEC actions confirm that the SEC is making good on its promise to focus attention on the municipal bond market and the disclosure obligations of municipalities.
Danger, Will Robinson? - The SEC's "Robocop" Not on the Beat
In recent years, the SEC has touted a new enforcement tool known as "Robocop," purportedly designed to detect fraud in the financial statements of public companies.
Directors Beware - The SEC's High Expectations for Gatekeepers
In a recent speech, SEC Chair Mary Jo White put directors of public companies on notice of their responsibility as "essential" and "important" gatekeepers upon whom their investors and the SEC rely.
SEC Announces Development of Rules to Oversee High-Speed Trading
In the months following revelations about the potentially-unfair advantages created by high-speed trading, SEC Chairman Mary Jo White announced that the SEC intends to develop rules to target high-speed trading in order to quell concerns that the practice allows traders to manipulate the market by, among other
D.C. Circuit Vacates Barko Ruling on Scope of Privilege in Internal Investigations
On June 27, 2014, the D.C. Circuit vacated the U.S.
Supreme Court Unanimously Rules Against Warrantless Cell Phone Searches
Following oral arguments heard on April 29, 2014, the U.S. Supreme Court has unanimously ruled that police must obtain a warrant prior to conducting a search of a cell phone seized from an individual who has been arrested.
Whistleblowers: Boom or Bust?
It is no secret that whistleblower complaints are on the rise.
Revisiting SEC Consent Decrees in the Wake of SEC v. Citigroup
With the Second Circuit's recent reaffirmation of the SEC's substantial discretion in negotiating the terms of settlement—notably vacating Judge Jed Rakoff's rejection of the proposed $285 million settlement in SEC v.
Will Rakoff’s “Legal Error” Change SEC’s View of Settlement Admissions?
On June 4, 2014, the Second Circuit Court of Appeals vacated Judge Rakoff's November 28, 2011 Order
For-Profit Colleges Receiving an Education in Government Enforcement
Reflecting a growing trend of civil enforcement actions taking aim at for-profit colleges, last month Iowa Attorney General Tom Miller reached a $7.25 million settlement with a for-profit college accused of misleading students regarding its educational programs while pressuring them to enroll.&
SEC Exams Director "Spreads Sunshine" Over Private Equity's "Risks and Temptations"
Private equity firms may face tougher scrutiny in light of recent SEC examinations revealing violations of law or material weaknesses in controls governing fee collection and expense allocation procedures among more than half of the 150 private equity advisers examined since October 2012.
SCOTUS Hears Arguments in Warrantless Cell Phone Search Cases
The U.S. Supreme Court is set to decide the circumstances in which police may constitutionally search an arrestee's cell phone without a warrant.
SEC and FINRA to Hold Compliance Outreach Programs for Broker-Dealers
The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) are partnering to sponsor regional compliance outreach programs for broker-dealers.
Sixth Circuit: When Plea Agreements Waive the Right to Appeal Restitution
Over 90% of federal criminal cases are resolved by plea agreement, and plea agreements typically require defendants to waive their rights to appeal their sentences.
Cause for Alarm? Protecting Internal Investigations from Disclosure after Barko
Whether documents prepared in connection with an internal investigation are protected from disclosure by the attorney-client privilege or work-product doctrine is a topic of continuing interest and current debate.