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.
Supreme Court Upholds Fraudulent Inducement Theory of Wire Fraud
Voluntary Disclosure Policy – Look for Test Cases
DOJ Signals Renewed Prioritization of Corporate Enforcement with New Policies Regarding Voluntary Disclosure, Monitors, & Whistleblowers
First Circuit Imposes Higher “But-for” Causation Standard for False Claims Act Liability Based on Alleged Anti-Kickback Statute Violations, Widening Circuit Split
DOJ Launches Deregulation Task Force
On March 27, the Antitrust Division of the U.S. Department of Justice launched the Anticompetitive Regulations Task Force to review and advocate for the elimination of anticompetitive state and federal laws and regulations.
Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions
Corporate Transparency Act: Treasury Announces No Enforcement for Reporting Failures by U.S. Citizens and Domestic Reporting Companies and Further Rulemaking to Limit Application to Foreign Companies
Corporate Transparency Act: FinCEN Reinstates Reporting Requirements with March 21 Deadline
SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes
Insight Into the Upcoming New 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.
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.
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
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.
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.
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.