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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. 

Supreme Court Outside
December 6, 2016

Unanimous Supreme Court Rejects Second Circuit's Limitations on Insider Trading Cases

For those watching in the trading world, the U.S. Supreme Court has confirmed that your friends can, indeed, pass on a gift of non-public information about a company that could leave you criminally liable for insider trading, even if they gain nothing concrete in return. 

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Tax paperwork
August 12, 2016

Will the Panama Papers Lead to Criminal Charges Against U.S. Taxpayers?

The massive Panama Papers leak has attracted attention to the use of offshore business entities and implicated 2,400 U.S.-based clients of Mossack Fonseca. 

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Contracts
June 30, 2016

SEC Charges Private Fund Administrator with Gatekeeping Failures

The Securities and Exchange Commission (SEC) recently announced an administrative settlement with Apex Fund Services (US) Inc., a firm providing administrative services to private funds, based on its alleged failure to heed red flags and correct faulty accounting by two private equity managers. 

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image of the road cutting through the forest
June 13, 2016

DOJ’s Increased Focus on Environmental Criminal Cases

Recently, John C. Cruden, DOJ's Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ's environmental litigation, voiced a heightened commitment to enforcing environmental laws through criminal prosecution.

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Government
May 24, 2016

Three Key Challenges To the Future of SEC Enforcement

Since the financial crisis, the Securities and Exchange Commission's enforcement activity has been the subject of much attention and debate. 

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U.S. Capitol at sunset
March 31, 2016

Supreme Court Restricts Pretrial Freezing of Untainted Assets

On Wednesday, March 30, 2016, the U.S. Supreme Court ruled in Luis v. United States, No. 14-419, slip op., that the pretrial restraint of legitimate, untainted assets needed to retain counsel of choice violates the Sixth Amendment. 

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Group of people standing over a table in a conference room.
March 4, 2016

AAG Caldwell Dispels Rumors of “Yates Certification” Requirement

On March 3, 2016, DOJ Criminal Division's Assistant Attorney General Leslie Caldwell addressed recent media reports claiming that companies under investigation by DOJ will soon need to certify their full disclosure of certain documents as a prerequisite to obtaining a settlement agreement with the Department.

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People sitting in front of a laptop
October 13, 2015

SEC's Use of ALJs: Possible U-Turn Ahead

Oh, what a year makes. Back in October 2014, all the chatter was about the SEC's increased use of its home-grown Administrative Law Judges to move its enforcement actions to their conclusion versus tangling with defendants in federal court.

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Corporate Building
September 10, 2015

DOJ Memo to Prosecutors Calls for More Aggressive Pursuit of Corporate Executives

The U.S. Department of Justice—widely criticized for the perceived lack of cases brought against corporate executives—issued a new directive yesterday to all U.S. Attorneys designed to hold more individuals accountable for illegal corporate conduct.   

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Employees in the Office
August 11, 2015

New SEC Guidance: Dodd-Frank Protects Internal Whistleblowers

Shortly after the July 2010 adoption of the Dodd-Frank Act's whistleblower program, disputes began arising over whether its anti-retaliation protections apply to employees who report misconduct internally to the company, but not externally to the SEC.

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U.S. Capitol at sunset
July 20, 2015

9th Circuit Rejects Newman Holding on Insider Trading

In an apparent circuit split that may well garner attention from the Supreme Court, a Ninth Circuit panel issued an opinion in United States v. Salman affirming that the requisite "personal benefit" for insider trading liability is established where an "insider makes a gift of confidential information to a trading relative or friend." View blog post
Bankruptcy & Restructuring image, train tracks
June 30, 2015

Why We Should Expect More Criminal Cases Charging Illegal Coordination Between Campaigns and Super PACs

Note: An earlier post on Perkins Coie's In the Arena: Law and Politics Update discussed, from a campaign finance lawyer's perspective, why the prosecution in United States v. Harber signals greater jeopardy in the future for operatives in down-ballot races who coordinate with hastily-formed "super PACs." View blog post
Gavel and Scales
April 14, 2015

Court Restricts Use of Rule 17(c) Subpoena for Gathering Pretrial Discovery

Although not intended to be used as a broad discovery device, Federal Rule of Criminal Procedure 17(c) permits a party in a criminal case to issue a "17(c) subpoena" to order the production of documents in the possession of third parties.

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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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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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