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.
Kennyhertz Perry’s Braden Perry was invited to speak at the Conference of Western Attorneys General 2016 Digital Currency Symposium on February 4 and 5 in Park City at the Montage Deer Valley. CWAG will have 5 AG’s along with 9 of their senior staff representing 9 states and the District of Columbia attending the symposium. Mr. Perry will speak to this distinguished group on potential users of digital currencies, distributed ledgers and the Blockchain; and security and consumer protection issues related to digital currencies. The Digital Currency Symposium fosters relationships with responsible industry players, law enforcement officials and regulators with the goal of facilitating the sharing of information which will assist policy makers in the construction of regulatory and legislative interpretations beneficial to all involved.
Every day, business owners face an increasingly-complex workplace and situations may occur that require swift investigation and reporting. Kennyhertz Perry attorneys work with business owners, boards of directors, and other senior management in internal investigations involving corporate or employee issues. We further work to prevent or minimize the need for investigations by engaging with the
Kennyhertz Perry Partner Braden Perry was selected as a panelist for the January 22, 2016 Webcast: CFTC Proposed Rule for the Cross Board Application of the of the Margin Requirements. The panel will provide an overview and discussion of the latest changes to the CFTC’s rules and the compliance with the new requirements. To address the margin requirements
2016 Acquisition International Hedge Fund Awards Names Kennyhertz Perry “Best in Securities Law – Missouri”
For the second straight year, Kennyhertz Perry, LLC was named “Best in Securities Law – Missouri” by the Acquisition International Hedge Fund Awards. Kennyhertz Perry is a business, regulatory, government compliance, and litigation law firm representing companies and individuals in highly-regulated industries, bringing a unique mix of top law firm expertise, practical experience, and pragmatic business solutions.