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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. 

Pillars of a courthouse
January 29, 2025

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. View blog post
Business People Traveling
January 10, 2025 New Administration

Insight Into the Upcoming Trump Administration’s Antitrust Policy

With the nomination of Commissioner Andrew Ferguson as chair of the Federal Trade Commission (FTC or Commission) and Gail Slater to helm the U.S. Department of Justice’s (DOJ) Antitrust Division, the second Trump administration’s antitrust policy is coming into focus.

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Court Gavel
January 9, 2025

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad.

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Pillars of a courthouse
January 2, 2025

Proposed DOJ FARA Rules Would Increase Uncertainty for Global Companies Amid Heightened Enforcement

The U.S. Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM) to update regulations under the Foreign Agents Registration Act of 1938 (FARA) on January 2, 2025.

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Corporate Building
September 9, 2024

Texting Troubles - Tackling the Mounting Legal and Compliance Risks of Business Communications on Personal Phones

Employees' use of unapproved messaging platforms for business-related communications – and their employer's failure to monitor and preserve such communications, even if inadvertent – may cause employers to fail to preserve relevant documents, and also cause them to provide incomplete responses to subpoenas, requests for information issued by prosecutors, enforcement staff, or private civil part

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Supreme Court Outside
July 26, 2024

Supreme Court Poised to Address Fraudulent Inducement Theory of Mail and Wire Fraud in 2024-25 Term

White-collar criminal prosecutions frequently involve charges under the federal mail and wire fraud statutes. Those statutes criminalize using the mail system or interstate wires for "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises." 18 U.S.C.

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Image of Utilities
July 25, 2024

FERC Enforcement Authority After SCOTUS Jarkesy Decision

On June 27, 2024, in SEC v. Jarkesy, the Supreme Court of the United States held that the Seventh Amendment entitles a respondent to a Securities and Exchange Commission securities fraud action seeking civil monetary penalties to a jury trial.

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Supreme Court
July 18, 2024

Navigating the DOJ's New Whistleblower and Self-Disclosure Programs

The U.S. Department of Justice's new Whistleblower Rewards Program and its Pilot Program on Voluntary Self-Disclosures for Individuals will reshape the factors companies consider when investigating and disclosing any corporate or financial issue that may fall within DOJ's purview. 

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Financial Services & Investments
July 1, 2024

Supreme Court Securities Fraud Ruling Further Limits SEC's Enforcement Authority, With Rippling Effects on the Administrative State To Come

In a 6-3 decision in SEC v. Jarkesy, the Supreme Court of the United States ruled that respondents to a U.S. Securities and Exchange Commission in-house enforcement action alleging securities fraud and seeking civil penalties have a right to a federal jury trial under the Seventh Amendment.

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People sitting in front of a laptop
May 22, 2024

First-Ever Declination Under DOJ National Security Corporate Enforcement Policy

DOJ Signals Willingness to Meaningfully Credit Voluntarily Self-Disclosing and Cooperative Company Involved in Export Control Violations View blog post
Buildings London
May 16, 2024

The Corporate Transparency Act: A Primer for In-House Counsel

Perkins Coie Partner Jamie Schafer and Senior Counsel Jim Vivenzio provide an overview of key provisions of the Corporate Transparency Act, including the "beneficial ownership" reporting requirements, timeframes for filing and reporting logistics, and liability considerations for companies and senior officers. 

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View of office building at night
March 20, 2024

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

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Pen with business report on financial advisor desk. Concept of business planning , accounting.
February 14, 2024

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.

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Tax paperwork
February 13, 2024

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.  

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Gavel Court Judge
January 2, 2024

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.

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