The Washington Post reported last week that the DOJ is considering an internal policy that could give some companies a "free pass" if they voluntarily disclose violations of the FCPA, including i

In his keynote address at the ACI 32nd International Conference on the Foreign Corrupt Practices Act in Washington, DC on November 17, 2015, SEC Enforcement Director Andrew Ceresney announced to the in-house compliance officials and corporate defense attorneys in attendance that, going forward, any public company that fails to self-report a potential FCPA violation to the SEC will be inelig

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.  

Creating a circuit split that will likely be headed for resolution by the U.S. Supreme Court, the Second Circuit's recent decision in Berman v.

[Editor's Note:  This past Friday, Perkins Coie Partner Lou Mejia, former SEC Chief Litigation Counsel, joined the chair of the SEC Enforcement Division's Financial Reporting and Audit Group on a panel to discuss the agency's latest enforcement efforts surrounding financial reporting fraud]. 

The Securities and Exchange Commission has had its fair share of controversy related to its in-house administrative enforcement proceedings.  

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.   

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.  

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.

In a decision that embraces the use of modern-day technology to assist the trier of fact, the Ninth Circuit recently ruled that neither a Google Earth satellite image nor a program-generated digital "tack" of GPS coordinates placed on the satellite image is hearsay for

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.

As observed in this blog and elsewhere, the U.S. Securities and Exchange Commission has aggressively pursued enforcement actions in administrative proceedings before its own Administrative Law Judges (ALJs), rather than before federal judges in the U.S. District Courts.  

Late last week, Judge Engelmayer in the Southern District of New York accepted a voluntary dismissal of a securities class action, but the dismissal was anything but routine. 

Given the prevalence of corruption and graft issues in various Latin American countries , it may come as a surprise to some that many of Latin America's most notoriously "corrupt" countries have actually enacted fairly extensive anti-corruption laws in recent years, even as compared to the U.S

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.