T. Markus Funk

T. Markus Funk

Perkins Coie

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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 Confidentiality 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 - Antidumping Duties China Compliance Deferred Prosecution Agreements DOJ Food Contamination Illegal Imports Risk Assessment Supply Chain

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