T. Markus Funk

T. Markus Funk

Perkins Coie

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Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal Risk

Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled...more

12/2/2016 - Amnesty International Child Labor Disclosure Requirements Due Diligence Forced Labor Human Rights Internal Controls Manufacturers Modern Slavery Act Retail Market Retailers Risk Management Risk Mitigation Supply Chain Transparency in Supply Chains Act

New Law Increases Scrutiny for Importing Goods Made with Forced Labor

The federal government took another step in the fight against human trafficking and forced labor. President Obama signed into law on February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which...more

3/4/2016 - Child Labor Corporate Counsel Forced Labor Human Rights Human Trafficking Imports Manufacturers New Legislation Reporting Requirements Slavery Supply Chain Tariff Act of 1930 Trade Facilitation Agreement Young Lawyers

France’s Foreign Public Corruption Law (Article 435-3)

The chart traces the flow and logic of Article 435-3 (proscribing foreign corruption), discusses the Government’s 2015 anti-corruption “Compliance Guidelines,” and summarizes the pending anti-corruption...more

2/16/2016 - Bribery Corruption France Penalties White Collar Crimes

Doing Business in the U.K.? Modern Slavery Act £36M Threshold Issued

Companies doing business in the United Kingdom take note: the U.K. government just made the not-so-long-awaited announcement that businesses with an annual turnover of 36 million British pounds (£36M) will be subject to the...more

8/10/2015 - Compliance Disclosure Requirements Due Diligence Human Trafficking Manufacturers Modern Slavery Act Posting Requirements Reporting Requirements Retail Market Revenue Slavery Supply Chain Transparency in Supply Chains Act UK Websites

Groundbreaking Change to Rules for Federal Contractors Aims to Stamp Out Human Trafficking Up and Down the Supply Chain

Companies that contract with the federal government will soon be subject to new rules aimed to stamp out human trafficking (see discussion of some of the existing rules and regulations here and here). The just-released...more

2/2/2015 - Barack Obama Chief Compliance Officers Corporate Counsel Executive Orders Federal Acquisition Regulations (FAR) Federal Contractors Human Trafficking Subcontractors

Mutual Legal Assistance Treaties And Letters Rogatory: A Guide For Judges

The investigation of transnational criminal conduct often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement...more

4/29/2014 - Criminal Prosecution International Treaties Investigations Law Enforcement

Germany's Foreign Anti-Corruption Efforts: Second-Tier No More

A March 2011 report by the Organization for Economic Cooperation and Development’s (OECD’s) Working Group on Bribery characterized Germany as assuming a “leading position” in the investigation and prosecution of foreign...more

4/10/2014 - Anti-Corruption Bribery EU OECD

Regrouping And Refocusing: 2013 FCPA Year-In-Review And Enforcement Trends For 2014

Following a relatively flat enforcement landscape and some bumps in the 2013 prosecutorial road, the Department of Justice (‘‘DOJ’’) and the Securities and Exchange Commission (‘‘SEC’’) appear poised to spring back into...more

1/23/2014 - Anti-Bribery Anti-Corruption Compliance Enforcement Enforcement Actions FCPA SEC White Collar Crimes

The Compliance Crystal Ball—Top 10 Compliance Trends For 2014

It is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014. 1. Executive Order 13627 Changes Government Contracting - Want a government contract...more

1/15/2014 - Anti-Corruption Chief Compliance Officers Compliance Conflict Mineral Rules Corporate Counsel Enforcement Enforcement Actions Executive Orders FCPA Forced Labor Human Trafficking OFAC SEC Supply Chain Whistleblowers

Top 10 Compliance Trends For 2014

As 2013 wraps up, it is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014: 1. Executive Order 13627 on Trafficking in Government Contracts —...more

1/3/2014 - Anti-Corruption Chief Compliance Officers Compliance Conflict Mineral Rules Destruction of Evidence Enforcement FCPA Federal Contractors OFAC Transparency in Supply Chains Act Whistleblowers

Investigating Alleged Board Member Misconduct

Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and employees of the company. But what happens...more

10/1/2013 - Board of Directors Business Judgment Rule Fiduciary Duty Insider Trading Outside Counsel Service Contracts Willful Misconduct

Navigant Investigations Quarterly 2013 - The Next Compliance Deluge: Understanding Foreign States’ Mandatory Corporate Social...

Corporate Social Responsibility (CSR) has evolved from a “nice idea” or “marketing opportunity” to a true business imperative. Companies are increasingly becoming sophisticated with respect to CSR reporting and are checking...more

8/2/2013 - Compliance Conflict Mineral Rules Corporate Social Responsibility Human Trafficking Reporting Requirements Transparency

Weighing The Price Of Crime — Apportioning Restitution Based On Relative Fault

Criminal justice practitioners understand that ‘‘joint and several liability’’ stands for the common proposition that each co-conspirator should be equally responsible for all provable losses the conspiracy caused. Put...more

7/31/2013 - Apportionment Conspiracies Fraud Mandatory Victim's Restitution Act Mortgages Restitution

Planning For When Things Go Wrong: Are You Ready To Investigate Allegations Of Board Member Misconduct?

Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and/or employees of the company. But what...more

5/6/2013 - Board of Directors Confidential Information Corporate Counsel Independent Counsel Internal Investigations Investigations Outside Counsel

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain...

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the...more

3/21/2013 - Anti-Dumping Duty China Compliance Deferred Prosecution Agreements DOJ Food Contamination Illegal Imports Risk Assessment Supply Chain

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