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. Dan and Markus also discuss how the solutions create real-time records of thinking and strategy to help ward off unforeseen jury issues down the road.
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. In the podcast, Pete discusses the myriad challenges healthcare companies face when managing compliance risks, including related to whistleblowers. Barak, Alex, and Pete also discuss how current enforcement positions by the U.S. Department of Justice are especially troubling given the densely regulated muddle of law, sub-regulatory guidance, and policies that compliant healthcare companies must navigate.
In this first episode of a series that will explore emerging developments related to the False Claims Act (FCA), Perkins Coie attorneys Barak Cohen and Alexander Canizares are joined by guest Marc Bonora, general counsel of a consortium of companies in the healthcare services and nursing industries, to discuss practical issues and effective strategies for companies to mitigate risks related to FCA investigations and qui tam whistleblower lawsuits. As the general counsel of Fastaff LLC, US Nursing Corp., trustaff Management Inc., CardioSolution LLC, and Stella.ai Inc., and a former DOJ trial attorney with experience in private law practice, Marc shares his perspectives on how companies can reduce their risks of exposure to allegations of fraud, work effectively with outside counsel in FCA matters, communicate with internal company stakeholders, and develop strategies to respond to whistleblower complaints. Barak, Alex, and Marc also address emerging issues in FCA enforcement and the roles of in-house attorneys and outside counsel in handling complex government investigations and litigation.
Perkins Coie LLP White Collar & Investigations partners Lee S. Richards III and David B. Massey are joined by Eric F. Grossman, the Chief Legal Officer of Morgan Stanley, for an in-depth discussion of hot topics in the financial services enforcement area, including big banks’ readiness for another financial crisis; Environmental, Social, and Governance (ESG) investing; the “gamification” of trading; SPACs; corporate criminal investigations and resolutions; and the influence of politics on law enforcement. Mr. Grossman also reflects on the importance of diversity and inclusion in the legal profession.
In this episode, Perkins Coie White Collar & Investigations partners Gina LaMonica and Caryn Trombino are joined by Dr. Brenda Ingram, EdD, LCSW, of the University of Southern California, to discuss the use of trauma-informed investigation techniques during internal investigations at higher learning institutions and in corporate settings. Dr. Ingram, who serves as the director of relationship and sexual violence prevention and services at USC Student Health, shares her experience in conducting survivor-centered investigations in cases of sexual and racial trauma and other instances of power-based harm. She reflects on how corporate employers can deploy trauma-informed investigative techniques and foster a work environment that addresses power imbalances that can lead to employee trauma.
Perkins Coie LLP White Collar & Investigations partners Lee Richards and Margaret Meyers are joined by the Hon. Denny Chin of the U.S. Court of Appeals for the Second Circuit to discuss litigating in the federal district and appellate courts. Informed by his 26 years of federal experience, Judge Chin shares some best practices for attorneys appearing in the district and appellate courts, describes his experience sentencing white-collar criminal defendants under the post-Booker guidelines, and reflects on the importance of diversity in the legal profession.
Perkins Coie White Collar & Investigations Partner Caryn Trombino talks with Stephen Ravas, Counsel to Inspector General at AmeriCorps Office of Inspector General, about his experience in various roles at several federal Offices of Inspector General—including at the U.S. Department of Commerce, the U.S. Department of Homeland Security, and now AmeriCorps. Stephen provides several insights for individuals (and their counsel) who may find themselves involved in an OIG investigation, including what to expect from agents and investigating attorneys, and how various strategies might lead to less favorable outcomes. Stephen also addresses some common misconceptions about OIG investigations and authorities and highlights recent work in the enforcement space that is expected to continue well into the future.
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. Kevin and Tony outline key ESG factors, describe how focusing on these factors can create value for companies, and also discuss the risks involved with failing to do so. Additionally, they offer insights into how the U.S. Securities and Exchange Commission’s creation of a new Climate and ESG Task Force within the Division of Enforcement may affect how companies evaluate and disclose ESG compliance.
Chelsea Curfman and Markus Funk are joined by Professor Mike Koehler, better known as the “FCPA Professor.” In 2009, Koehler launched his “FCPA Professor” blog, described as “the Wall Street Journal concerning all things FCPA-related.” During the conversation he reflects on his professional road to becoming “The FCPA Professor,” tracks the evolution of the blog, shares his critical views on what he terms “FCPA Inc.,” and charts what he sees as future U.S. Department of Justice enforcement under the Biden administration.
Antitrust lawyers Jon Jacobs and Kevin Schock join host Markus Funk to discuss the fundamental legal principles applicable to no-poach and wage-fixing agreements, explore current government enforcement priorities related to these types of agreements, and evaluate examples of recent enforcement activity in the no-poach and wage-fixing space.
Today's guest is Cam Simpson. Cam is an award-winning London-based writer and investigative journalist who has focused on supply chain, corruption, and forced labor and trafficking issues. He is the senior international correspondent for Bloomberg Businessweek in London and Bloomberg News. Previously, he worked for The Wall Street Journal, with posts in the Middle East and Washington, and as a foreign correspondent for the Chicago Tribune. Cam and Perkins Coie White Collar & Investigations Chair 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. They also share their thoughts on the growing trend towards sustainable investing (specifically, on "ESG," or environmental, social, and governance investing), and on the past, present, and likely future enforcement of U.S. and foreign laws and regulations aimed at stemming corruption, forced labor, and related supply chain and compliance misconduct.
In this episode, Perkins Coie White Collar & Investigations partners Gina LaMonica and Caryn Trombino discuss the role of artificial intelligence in anti-bribery and anti-corruption (ABAC) compliance programs. Our guest, Megan Zwiebel, from The Anti-Corruption Report (anti-corruption.com), joins us to discuss her research into the use of AI in compliance programs, including trends in AI-based compliance, steps companies can take to utilize AI in their compliance programs, and how regulators view the use of data and AI in compliance programs.
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.Leyla Seka is a partner with Operator Collective, a venture capital firm in Silicon Valley, and co-founder of the Black Venture Institute. She was one of the most senior female executives at Salesforce when she tackled pay equity.
In this episode, Perkins Coie partner and former dean of the University of San Diego School of Law, Stephen Ferruolo, speaks with Pradeep Khosla, chancellor of the University of California San Diego (UCSD), and Kurt Schmoke, president of the University of Baltimore, about how they, and the universities they lead, have confronted the challenges posed by the twin pandemics of COVID-19 and systemic racism. President Schmoke and Chancellor Khosla speak compellingly about the important role universities can play in combatting both of these pandemics, as well as about their visions for the future of higher education in a post-pandemic world.
In this episode, we discuss management’s view of compliance and legal functions with Jim Stutelberg, president of primary products at Tate & Lyle, PLC, a U.K.-headquartered, global supplier of food and beverage ingredients. Partners Markus Funk and Gina LaMonica talk 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.
Perkins Coie partners 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. NGOs have both outside credibility and an insiders on-the-ground understanding of local supply chain issues that can be invaluable to companies when it comes to understanding and protecting their supply chains for everything from raw materials to commodities to finished consumer products. Corey explains how WWF and other NGOs engage with corporations to help them improve traceability and better understand and mitigate risks related to forced labor, environmental degradation, and more. While some have traditionally viewed NGOs and corporations as acting with very different interests in mind, this podcast explores the many areas of overlap and mutual interest, and suggests that NGOs, corporations, and corporate outside counsel can, and should, actively work together on these important, complex, and still-evolving areas of corporate compliance.
Education trailblazer Lana Israel, Ph.D., and entertainment legend Bob Doyle, co-founded and closely collaborate on Nashville-based education technology (edtech) company Muzology. They join host Markus Funk to discuss their disruptive platform. Using the power of music and videos to make math fun and accessible, Muzology challenges students to learn and retain the math concepts critical to their progress. The trio discuss topics such as the significant impacts Lana and Bob’s company has had on the lives of children and young adults, how COVID-19 has affected schooling and education, generally, and edtech, specifically.
In this episode of White Collar Briefly, Perkins Coie’s David Biderman, firmwide chair of the Consumer Products & Services Litigation group, sits down with Craig Lackey, general counsel of Rushmore Loan Management Services, a major servicer of residential mortgages nationwide. Their discussion covers topics such as the COVID-19-related downturn on the economy and mortgage servicer responses to COVID-19 and the CARES act. Craig and David also discuss what to expect from enforcement arising from COVID-19 and how to best respond, as well as the likely changes to the enforcement environment in the event of a change in administration.
Perkins Coie partner Kevin Feldis, a former federal prosecutor, talks with retired Special Agent Colton Seale about recent research on conducting interviews in a way that improves results. Colton spent 22 years with the FBI, including serving as a member of the High Value Detainee Interrogation Group (HIG), interviewing suspects around the world. The goal of any interview is to learn accurate and complete information, but rigid approaches and common misconceptions about how to conduct interviews can go nowhere and lead to incomplete and inaccurate answers. This podcast provides a first-hand account of how to add science into the art of interviewing. Kevin and Colton discuss what it really means to build rapport and how to get in sync with the person in a way that opens the door for meaningful factfinding.
White Collar Briefly host, Markus Funk, chair of Perkins Coie’s White Collar & Investigations Practice, welcomes two Chicago-based guests. Jeremy Gottschalk is general counsel for Sittercity.com and founder of the education, networking, and information-sharing platform Marketplace Risk. The Hon. Virginia M. Kendall of the U.S. District Court for the District of Northern Illinois is a former federal prosecutor and one of the nation's leading experts in the area of child exploitation. The episode discussions include potential threats facing companies operating in the childcare space, concrete steps companies can take to identify and root out potential abusers from their online platforms, and cooperation with law enforcement agencies.