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Publications
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01.2024Foreign Corrupt Practices Act
Book Chapter
2024 Society of Corporate Compliance and Ethics (SCCE)
Compliance and Ethics ManualThe 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. -
03.16.2023DOJ Issues New Guidance on Use of Personal Devices and Third-Party Messaging ApplicationsUpdatesThe U.S. Department of Justice announced significant new guidance on March 3, 2023, regarding the use of personal devices and the retention of corporate communications.
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06.28.2022SCOTUS Rejects Negligence Standard in ‘Pill Mill’ CasesArticlesSCOTUS in Ruan sided with doctors seeking a burden of proof higher than mere negligence in prosecutions for unlawful distribution of controlled substances.
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05.24.2022Could It Be Easier to Convict a Doctor Than a Cartel Member? Why the Impending SCOTUS “Pill Mill” Ruling Makes Some Observers NervousArticlesThe U.S. Supreme Court is poised to issue what could be a monumental decision in the Court’s Controlled Substances Act (CSA) jurisprudence as applied to the nation’s opioid epidemic.
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02.09.2022Protecting Privilege in Internal InvestigationsArticlesRarely does a week pass in white collar and investigation or SEC-regulatory outside counsel life that an auditor or government enforcement attorney does not request some form of interim or final read-out or update.
White Collar Briefly
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2023 Amendments to Federal Sentencing Guidelines Now in Effect
On November 1, 2023, significant amendments to the Federal Sentencing Guidelines went into effect after Congress took no action to veto the proposed amendments, which were adopted by the U.S. Sentencing Commission earlier this spring. This marks the first time in five years that the Guidelines have been amended, in part due to the Commission... -
Garland Memo, Emphasizing Prosecutorial Lenity, Reflects Significant DOJ Policy Shift
On December 16, 2022, U.S. Attorney General Merrick Garland issued a memorandum (the Garland memo) to all federal prosecutors, reflecting a significant new policy regarding charging, pleas, and sentencing in federal criminal cases. The Garland memo replaces prior U.S. Department of Justice (DOJ) policy and applies to all federal criminal prosecutions initiated on or after January... -
SCOTUS Rejects Negligence Standard in ‘Pill Mill’ Cases
The US Supreme Court in Ruan sided with doctors seeking a burden of proof higher than mere negligence in prosecutions for unlawful distribution of controlled substances. The decision represents a significant win for those worried about overcriminalization and the associated risk of losing the criminal law’s critical stigmatic impact, write Perkins Coie attorneys T. Markus... -
The U.S. Supreme Court is poised to issue what could be a monumental decision in the Court’s Controlled Substances Act (“CSA”) jurisprudence as applied to the nation’s opioid epidemic. At issue in Ruan v. United States is the requisite intent the government must prove to convict a physician under the CSA for the unlawful distribution...
