Former CFTC Attorney Braden Perry Quoted in June 2016 Issue of Of Counsel: The Legal Practice and Management Report Recent Law Firm Hacking Underscores the Need for Action June 10, 2016 Even a casual monitor of recent news knows that BigLaw has been hacked—again. In late March The Wall Street Journal reported that several of
Kennyhertz Perry partner Braden Perry lead an educational and interactive training at the Nebraska Attorney General’s office focusing on legal implications of Bitcoin and other emerging issues related to block chain technology. The Office of the Attorney General, and personnel from the Nebraska Highway Patrol, Nebraska Department of Revenue criminal investigators, and Homeland Security participated in an interactive training by Perry, and representatives from Coinbase and Chainalysis, discussing criminal, fraud, and consumer protection issues with the emerging technology. The daylong event occurred in Lincoln on May 16, 2016.
Corruption, Forced Labor and Human Trafficking in Supply Chains Subject Unsuspecting Companies to Potential FCPA Violations
Increasingly, trafficking-related activities in global supply chains include corruption, bribery, and other conduct that could result in liability for companies subject to Foreign Corrupt Practices Act (FCPA) jurisdiction. Both sending countries and countries employing forced labor can be liabilities for companies unknowingly using unscrupulous agents. Companies can avoid FCPA prosecution by instituting an effective, functioning compliance program. Routine FCPA Due Diligence is a critical component in maintaining a FCPA compliance program.
If you or your company is subject to, or suspects potential supply chain issues, contact our experienced attorneys. Attuned to detail, Kennyhertz Perry’s investigations are unparalleled in quality, exceeding the highest standards.
Kennyhertz Perry, LLC Partner Braden Perry was featured as one of several information security experts in the ABA Law Practice Today. Mr. Perry discussed the revelation that some of the country’s most prestigious law firms were hacked in an attempt to uncover confidential information, coupled with the “Panama Papers” scandal, and how it has put an uncomfortable spotlight on law firms and their data security programs.
The two-part series, entitled “Law Firm Hack Attack,” addresses the serious issues with law firms and their data security, including why law firms are targets. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving complex or emerging and novel issues. He also works with clients in all industries in crafting information security programs and ensuring their current information security programs are sound.
Braden Perry spoke today on Foreign Corrupt Practices Act (“FCPA”) Investigation Cooperation: Avoiding Common Corporate Mistakes on the Knowledge Group Webcast series. Mr. Perry shared his FCPA knowledge with an audience ranging from corporate executives to other legal practitioners. Key topics included: FCPA Enforcement – A 2016 Overview Common FCPA Corporate Missteps during Investigation Strategies for Thorough
Braden Perry, government enforcement and litigation partner with Kennyhertz Perry, LLC was again contacted by IDG News Service to discuss Apple’s defenses and their refusal to follow Judge Pym’s order requiring assistance to the FBI’s in its probe of the San Bernardino terrorist acts. IDG News Service is the wire service representing PCWorld, Computerworld, MacWorld, Network World, CIO and dozens of other leading tech publications worldwide.
Apple recently raised its defenses in a court briefing, ranging from attacking the purposes of the All Writs Act, to the 1st and 5th Amendment arguments. Perry commented on the the overall balancing the needs of law enforcement with the privacy and personal safety interests of the public, and the fact that the ” government needs a ‘compelling’ interest to force Apple to write new code,” he said. Still, however, Apple faces an “uphill battle.”
On February 3rd, John Kennyhertz, Partner with Kennyhertz Perry, LLC, presented at the Kauffman Foundation as part of the FastTrac TechVenture program. The certified FastTrac curriculum and the affiliates that teach it have a proven framework to help aspiring entrepreneurs start businesses across the country. The audience was made up of UMKC professors and entrepreneurs from the greater Kansas City area. Serving as the legal expert for the UMKC Small Business and Technology Development Center, Kennyhertz addressed various legal issues faced by today’s entrepreneurs and their startups. He discussed entity selection and formation, the importance of a tailored operating agreement, Federal, state and local government regulations, employment law, business licensing, and employment law issues. Mr. Kennyhertz continues to serve as a valuable resource to the growing startup community in Kansas City through his continued involvement and work with The Kauffman Foundation, UMKC and the University of Kansas School of Business.
Kennyhertz Perry Partner Braden Perry Selected as Speaker for The Knowledge Group’s Foreign Corrupt Practices Act (“FCPA”) Webcast
Braden Perry, a government enforcement and investigations attorney with Kennyhertz Perry, LLC, has been invited to speak at The Knowledge Group’s live webcast entitled “FCPA Investigation Cooperation: Avoiding Common Corporate Mistakes.” This event will focus on companies and clients potentially at risk for a Foreign Corrupt Practices Act (“FCPA”) investigation and how internal investigations should be appropriately tailored and cautioned against overly broad and costly investigations that may delay resolution.
In a two-hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will identify the common corporate mistakes and the best strategies on how to avoid them during FCPA investigation.
Key topics include:
- FCPA Enforcement – A 2016 Overview
- Common FCPA Corporate Missteps during Investigation
- Strategies for Thorough and Tailored Investigation
- Best Practices When Working with the Government
- Recent Regulatory Developments
Braden Perry, a litigation, regulatory and government investigations attorney with Kennyhertz Perry, LLC was one of several experts that spoke with Business News Daily on the first steps to take if your company has been sued. Perry said that you should check the caption and service information on the lawsuit to ensure that it contains the proper entity or person associated with the issues. If this information is incorrect in any way, you may move to dismiss the action in its entirety. If it is correct, you should proceed with reviewing the allegations and put a litigation hold, or preservation order, in place. This requires the company to preserve all data that may relate to the legal action.
Recently, Braden Perry discussed Real Estate encryption and client privacy with Virtru Business Solutions Blog and described how the Consumer Financial Protection Bureau (“CFPB”) monitors compliance and privacy.
The CFPB is designed to help consumers across the financial industry, said Perry. And company culture is often the biggest obstacle to CFPB compliance: “Many regulated companies are “reactive,” meaning that they do not anticipate issues but wait for issues to arise and then act or “react.” [They’re] short-sighted, looking at the near-term and not focused on long-term goals. “Proactive” companies are forward looking, not only in anticipating issues that might arise, but in having clear directions and goals.”
Perry recommended that companies remain open to change. Reactive organizations tend to resist security initiatives, creating an “uphill battle” for compliance staff. To succeed, organizations need full management buy-in.
Kennyhertz Perry’s Braden Perry discussed Apple’s refusal to decrypt an iPhone with Grant Gross, Senior Editor of IDG News Service, the wire service representing PCWorld, Computerworld, MacWorld, Network World, CIO and dozens of other leading tech publications worldwide. The FBI claims that iPhone, which belonged to one of the San Bernardino shooters, may be helpful in their investigation.
Perry, a former federal enforcement attorney now practicing government investigations and litigation, stated that while unlikely, Judge Pym could hold Apple in contempt of court if the company refuses to cooperate with her order and could impose significant fines.
So far, Apple is refusing. The court should rule in the next few weeks.
Kraft Foods Group and Mondelez Global made headlines last year being charged with market manipulation by the CFTC. At the time, Braden Perry, a former CFTC Senior Trial Attorney and Kennyhertz Perry, LLC partner spoke with McGraw Hill about the meaning of this battle between a regulator and a large end user and participant in the commodities market.
Mr. Perry continues to talk about the CFTC’s new anti-manipulation standard, this time discussing cryptocurrency and the CFTC’s expansive jurisdiction, recently speaking to the Conference of Western Attorneys General (“CWAG”) involving the potential for actions involving manipulation or attempted manipulation on the Bitcoin spot market. CWAG invited Mr. Perry to their 2016 Digital Currency Symposium as a digital currency expert discussing regulatory and enforcement issues with digital currencies and the blockchain.