Publications

Funk's article uses practical decision trees and charts to deconstruct the operation of the FCPA, Travel Act, and UK Bribery Act.

Review of Roger Williams and the Creation of the American Soul, by John M. Barry

Partners T. Markus Funk and Douglas L. Sawyer in their article discuss the pitfalls of the FCPA and emerging US Travel Act anti-bribery provisions in the IP context.

"In terms of going back to basics, the FCPA/Travel Act Intellectual Property decision tree uniquely traces out the key questions to be answered in any potential corruption case, and sets forth the flow, form and logic of FCPA and the Travel Act analysis [from the perspective of the Intellectual Property practitioner]."

"Simmering throughout 2011, the robust FCPA reform debate can now be divided into a number of distinct drafting and public policy battle fields. . . .  We examine (1) the core criminal law theory assumptions and (2) some of the public policy objectives driving the debate, including whether reforming the FCPA is advisable on public policy grounds, and the extent to which the position that foreign governments will view even modest FCPA reform as a signal to abandon wholesale their domestic anti-corruption efforts are justified."

Funk and Trombino in their article break down the form, function, and flow of the FCPA and the UK Bribery Act.

Rowman & Littlefield

T. Markus Funk and M. Bridget Minder author "Bribery of Foreign Officials: The FCPA in 2011 and Beyond: Is Targeted FCPA Reform Really the “Wrong Thing at the Wrong Time”? in the Bloomberg Law Reports. The in-depth piece not only summarizes 2011 enforcement trends, but also addresses the arguments raised against the growing call for targeted FCPA reform.

This chart examines the flow and logic of the FCPA/Travel Act's anti-bribery provisions through the lens of the Intellectual Property practitioner.

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-ChairT. Markus Funk has drafted a novel and practical UK Bribery Act decision tree/"cheat sheet" sketching out the key analytical steps in evaluating a potential bribery situation and illuminating the Act's logic, function, and flow.

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk and associate Jess A. Dance compiled a chart comparing and contrasting the FCPA to the UK Bribery Act, German Anti-Bribery Laws, Chinese Anti-Bribery Laws, and India's Prevention of Corruption Act.

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk has drafted a very handy decision tree sketching out the key analytical steps in evaluating a potential bribery situation.

In this article, Joel Levin and Chip Mulaney discuss the Responsible Corporate Officer Doctrine (also known as the Park doctrine) which provides that executives can be held criminally liable for certain offenses if they have the authority to correct or prevent the corporation’s unlawful conduct and fail to do so, even if they were unaware of the misconduct. It offers tips for executives to mitigate the risk of an RCOD enforcement, which has become an increasingly popular tool of the government, particularly in the pharmaceutical area.

David Neff was recently quoted in an article on HotelNewsNow.com about a recent judgment awarded in favor of the owner of the St. Regis-branded property in Ft. Lauderdale, Florida.

ABA Journal, Mass Torts section