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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. 

International
October 24, 2019

Germany Proposes New Corporate Sanctions Act with Global Reach

The German Federal Ministry of Justice and Consumer Protection recently presented draft legislation to Parliament that could pose a marked shift in how corporate crimes are sanctioned in Germany.

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Financial Services & Investments
October 4, 2019

DOJ Brings Novel RICO Charges Against Alleged Spoofers

The DOJ has raised the stakes in criminal spoofing enforcement, unveiling sweeping charges against three traders who allegedly conspired to manipulate the precious metals market.

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Digital stock ticker
September 24, 2019

DOJ Leveraging Data Analytics To Detect Fraud

The DOJ is increasingly using a "data focused approach" to identify economic crime and corporate misconduct, according to a DOJ official.  

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Gavel and Scales
September 12, 2019

Second Circuit Affirms Broad Reading of Sec. 666 Bribery

The Supreme Court's 2016 decision in United States v. McDonnell raised questions about the constitutionality of expansive interpretations of federal bribery statutes.  

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Buildings London
September 10, 2019

UK Regulator Sets High Bar for Corporate Cooperators

Last month, the UK Serious Fraud Office ("SFO") published non-binding, internal guidance expanding on its view of corporate cooperation in prosecutions. 

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Government
August 12, 2019

American Indian Tribes and “Foreign Officials” Under the FCPA

One of the many challenges companies face when assessing their Foreign Corrupt Practices Act ("FCPA") liability is determining whether a potential business partner constitutes a "foreign government official" under the FCPA.

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Supreme Court Outside
May 10, 2019

Supreme Court Declines to Resolve Circuit Split Over Liability in Tender Offer Suits

Section 14(e) of the Securities Exchange Act prohibits deceptive conduct when making a tender offer to shareholders. 

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Buildings London
April 4, 2019

UK’s Impending “Name and Shame” for Supply Chain Forced Labor

The U.K. Modern Slavery Act of 2015 requires companies falling under its jurisdictional hook to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively "forced") labor from their supply chains. 

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Education
March 25, 2019

Higher Ed: Admissions Scandal Wake Up Call

The arrests in the college admissions bribery scandal may have ushered in a new era of scrutiny by federal law enforcement.

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People sitting in front of a laptop
March 11, 2019

CFTC Dips Its Toe into Anti-Corruption Space

On March 6, 2019, the Division of Enforcement of the U.S. Commodity Futures Trading Commission ("CFTC") issued a new Enforcement Advisory on self-reporting violations of the Commodity Exchange Act ("CEA") involving foreign corrupt practices. View blog post
Gavel with scale
February 12, 2019

Revisiting Agency Liability Under the FCPA Post-Hoskins

In United States v. Hoskins, 902 F.3d 69 (2d Cir. 2018) the Second Circuit held that a non-resident foreign national cannot be criminally liable for aiding and abetting or conspiring to violate the FCPA unless the government can establish that such an individual acted as an agent of one of the categories of persons subject to liability as a principal. Background The DOJ charged Lawrence Hoskins, a British national and former Alstom UK executive based in Paris, with FCPA and money-laundering violations. View blog post
Government
January 22, 2019

SEC’s Polycom FCPA Settlement Leaves Unanswered Questions

On December 26, 2018, the Securities and Exchange Commission ("SEC") announced a settlement with communications technology firm Polycom, Inc.

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conference
January 10, 2019

Preparing Your Company to Respond to Unannounced Government Visits (Part 2)

This series, written by recent in-house counsel and former federal prosecutors, aims to help in-house legal and compliance teams avoid the types of seemingly minor or inconsequential missteps that can lead to aggressive government responses, including parallel civil and criminal investigations. View blog post
Land Construction
January 7, 2019

What Does the 2018 Farm Bill Mean for Hemp/CBD Businesses?

On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law.

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Conference group
January 3, 2019

Preparing Your Company to Respond to Unannounced Government Visits (Part 1)

This series, written by recent in-house counsel and former federal prosecutors, takes a practical approach to helping in-house legal and compliance teams operating in a world of complex regulatory schemes and increased whistleblower activity.

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