After nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission adopted a Final Rule on Mandatory Climate Disclosures. Most notably, the Final Rule requires companies to report certain greenhouse gas emissions and material climate impact information in their registration statements and annual reports.

California’s Division of Occupational Safety and Health published a model workplace violence prevention plan and fact sheets for applicable industries to help employers comply with SB 553.

FinCEN has proposed AML/CFT rules for SEC-registered investment advisers and exempt reporting advisers that file with the SEC. 

The 28th United Nations Climate Change Conference of the Parties wrapped up in Dubai in mid-December 2023. This Article summarizes key takeaways and describes the potential implications for businesses and investors.

The chapter discusses effective best practices for topics ranging from recordkeeping and internal controls, anti-bribery,  affirmative defenses, and trends and developments to penalties, the US Travel Act, and UN, OECD, and various country specific (UK, Canada, France, Brazil, etc.) anti-bribery instruments.

As discussed in our prior Update on the Corporate Transparency Act, anyone who owns or controls at least 25% of the ownership interests of a CTA reporting company must report their beneficial ownership to the Financial Crimes Enforcement Network.

Certain employers may feel the impact of recent modifications to the I-9 process, while all employers will be affected by the introduction of a new I-9 form.

The Corporate Transparency Act, designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024

This Update discusses how the Corporate Transparency Act rules will affect directors and senior officers of CTA reporting companies, in particular. All senior officers, directors and their advisers, and counsel should be aware of these rules and potential implications.

In a Financial Times op-ed, Jamie Schafer explains how the U.S. Corporate Transparency Act will require certain corporations, limited liability companies and similar entities to report beneficial ownership information to the Treasury Department for the first time and how the most important aspect of the new law seeks to dismantle the infrastructure that enables money laundering and other related financial crimes.

Key portions of the Corporate Transparency Act will take effect on January 1, 2024, requiring an estimated 30 million “reporting companies” to disclose to the federal government information and documentation about the entity’s beneficial owners and keep that information current.

Beginning January 1, 2024, the Corporate Transparency Act will require most entities formed or registered to do business in the United States to disclose detailed information regarding their owners, officers, and control persons to the U.S. Department of the Treasury Financial Crimes Enforcement Network.

Jamie Schafer and Olivia Radics wrote an article for Governance Intelligence detailing what to expect in the enforcement of the Corporate Transparency Act.

This potential new rule would give a designated union representative right to accompany an OSHA inspector onto an employer worksite. 

Partner Alexander Canizares, Counsel Julia Fox and Associate Suzanne Boehm were contributing authors to a chapter on evidence in False Claims Act cases.

The growing use of video and automated technology, including artificial intelligence, in employment practices—and the concern that the technology may foster bias—has triggered a wide array of regulatory efforts.

The U.S. Securities and Exchange Commission announced the final version of its long-anticipated cybersecurity rules on July 26, 2023.

The U.S. Food and Drug Administration (FDA) released a new set of guidelines on August 15, 2023, concerning informed consent (Final Guidance).

The Washington Employment Security Department (ESD) recently adopted new rules for the state’s Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements.

Domingo Such and Jamie Schafer wrote an article published in Trust & Estates titled "Prepare to Comply With Upcoming Corporate Transparency Act Reporting Rules" about the implications family offices and their advisors should be aware of regarding new reporting rules stemming from the Corporate Transparency Act.

The exemption for employment-related and business-to-business (B2B) data under California’s privacy law expired on January 1, 2023.

New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL).

This spring, the Office of Federal Contract Compliance Programs (OFCCP) published its final order rescinding the Trump-era Religious Exemption Rule for federal contractors.

The U.S. Department of Justice unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs regarding corporate compensation incentives and clawbacks.

The U.S. Department of the Treasury's Financial Crimes Enforcement Network issued a Notice of Proposed Rulemaking to address an outstanding issue in its final rule implementing the beneficial ownership information reporting requirements of the Corporate Transparency Act. 

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued its highly anticipated final rule implementing the beneficial ownership information reporting requirements of the Corporate Transparency Act legislation on September 29, 2022.

JurorSearch CEO and Co-Founder Dan Johnson sits down with White Collar & Investigations Partner Markus Funk to discuss all things jury. They talk about how ever-evolving customized software solutions help prosecutors, civil litigators, and jury consultants better understand what makes their potential jurors tick, as well as help them ask the right voir dire questions to avoid bad selections.

Perkins Coie attorneys predict a historic push by the DOJ among other regulators to find and stop companies and individuals from evading sanctions imposed against Russia in their business dealings.

For the first time since 2000, child labor is on the rise, according to the International Labour Organization (ILO) and United Nations Children’s Fund (UNICEF). A staggering 160 million children were victims of forced labor in 2020.

Never before have companies been exposed to risk from their supply chains like they are today. Modern production chains are made up of complicated, expansive supply streams that reach across dynamic legal and regulatory environments.

On December 7, 2021, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued a highly anticipated proposed rule that would implement key provisions of the Corporate Transparency Act.

In this second episode of a Perkins Coie White Collar & Investigations series regarding False Claims Act (FCA) enforcement, firm attorneys Barak Cohen and Alex Canizares are joined by their guest, Pete Jensen, global chief compliance officer for Arthrex, Inc., one of the world’s largest medical device companies.

During a speech last week to a group of white-collar defense attorneys, John Carlin, a senior official at the Department of Justice (DOJ) confirmed what many in the white-collar and corporate compliance space have been preparing for since January: the DOJ is devoting a “surge” of resources to ramp up its white collar enforcement efforts.

This first substantive installment in our multipart series addresses arguably the most significant implication of AMLA 2020: a new and expansive requirement to disclose corporate beneficial ownership, set out by the Corporate Transparency Act.

In this episode, Jason Howell and Amanda Beane discuss compliance tips and litigation risks for businesses. 

White Collar Partner Kevin Feldis speaks with Tony Davis, chief executive officer and chief information officer of Inherent Group, a value-based investment company that uses environmental, social and governance factors to make investment decisions.

Cam Simpson and Markus Funk discuss Cam's diverse career, with a particular focus on Cam's work relating to human trafficking and other forms of forced labor.

In this episode, Paul Hirose, former president of the National Asian Pacific American Bar Association and co-chair of Perkins Coie’s Supply Chain Compliance and Corporate Social Responsibility practice, speaks with Leyla Seka about her leadership in confronting gender equality and racial equity issues in the tech industry.

Markus Funk talks to Jim about his experience at Tate & Lyle and discuss how white collar practitioners can collaborate with management to foster a compliance-oriented atmosphere, while helping business units to accomplish their goals.

Markus Funk and Kevin Feldis speak with Corey Norton, Vice President for Supply Chain Legality at the World Wildlife Fund (WWF), about the important role that non-governmental organizations (NGOs) can play in corporate supply chain compliance.

Continuing our series of episodes regarding investigation and enforcement trends around the globe, Perkins Coie partners Markus Funk and Chelsea Curfman interview Sherbir Panag, firm co-founder and head of the Compliance and Investigations Practice at the Law Offices of Panag & Babu, in New Delhi, India.

Ben Purser, chief risk officer for mortgage lender, Roundpoint Mortgage Servicing Corporation, and Barak Cohen, partner in Perkins Coie’s White Collar & Investigations practice and lead for the firm’s Commercial Litigation in Washington, D.C., discuss the challenges of legal compliance and risk in an industry that has been directly affected by two global financial crises in one decade.

On this episode of White Collar Briefly, attorneys, Markus Funk and Chelsea Curfman, interview special guest, Caroline McMichen, global ethics and compliance chief for Molson Coors Beverage Company, about the hallmarks of a successful internal investigation.

Co-sponsored by the American Bar Association’s Global Anti-Corruption Committee, this series looks at the high-stakes world of white-collar defense, investigations, compliance, and litigation.

Companies that contract with the federal government will soon be subject to new rules aimed to stamp out human trafficking (see discussion of some of the existing rules and regulations here and here).