The U.S. Supreme Court recently handed down a win for the SEC and private securities litigants, significantly broadening the scope of primary liability under Rule 10b-(5). In Lorenzo v. SEC, the Court held that liability under Rules 10b-5(a) and
White Collar Briefly
Insights into Developments in White Collar Law
White Collar Briefly, published by Perkins Coie LLP, focuses on legal developments and issues related to white-collar crime and investigations. The blog covers topics such as federal mail and wire fraud statutes, fraudulent inducement theories, enforcement authority of regulatory agencies like the SEC and FERC, whistleblower and self-disclosure programs, securities fraud rulings, and compliance with environmental, social, and governance (ESG) regulations. It provides analysis of significant court decisions, regulatory changes, and government enforcement trends affecting corporate and individual liability in white-collar criminal law and regulatory investigations.
Latest from White Collar Briefly - Page 13
Bellwether Spoofing Case Goes to Trial in Chicago
Can a software programmer be held criminally responsible for designing a program that a trader uses to “spoof” the commodity futures market? This is the question posed to the jury in U.S. v. Thakkar, 18-cr-36 (N.D. Ill.), which trial began…
UK’s Impending “Name and Shame” for Supply Chain Forced Labor
The U.K. Modern Slavery Act of 2015 requires companies falling under its jurisdictional hook to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains. This, like many things…
Higher Ed: Admissions Scandal Wake Up Call
The arrests in the college admissions bribery scandal may have ushered in a new era of scrutiny by federal law enforcement. Perkins Coie attorneys anticipate questions that prosecutors, civil litigants and the public may ask in the weeks and months…
CFTC Dips Its Toe into Anti-Corruption Space
On March 6, 2019, the Division of Enforcement of the U.S. Commodity Futures Trading Commission (“CFTC”) issued a new Enforcement Advisory on self-reporting violations of the Commodity Exchange Act (“CEA”) involving foreign corrupt practices. Under the Advisory, the Division provided…
Financial Crisis—Six Lessons Learned for Legal Counsel
By Adam Schuman
During the financial crisis, government enforcement agencies started taking a hard look at Wall Street institutions, and these days a company must respond proactively and dynamically when addressing the challenges of government investigations and litigation. Perkins Coie’s Adam H. Schuman…
Revisiting Agency Liability Under the FCPA Post-Hoskins
In United States v. Hoskins, 902 F.3d 69 (2d Cir. 2018) the Second Circuit held that a non-resident foreign national cannot be criminally liable for aiding and abetting or conspiring to violate the FCPA unless the government can establish that…
SEC’s Polycom FCPA Settlement Leaves Unanswered Questions
On December 26, 2018, the Securities and Exchange Commission (“SEC”) announced a settlement with communications technology firm Polycom, Inc. (“Polycom” or the “Company”) for violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act…
Preparing Your Company to Respond to Unannounced Government Visits (Part 3)
Preparing Your Company to Respond to Unannounced Government Visits (Part 2)
This series, written by recent in-house counsel and former federal prosecutors, aims to help in-house legal and compliance teams avoid the types of seemingly minor or inconsequential missteps that can lead to aggressive government responses, including parallel civil and…