|
Publications
-
01.2024Foreign Corrupt Practices Act
Book Chapter
2024 Society of Corporate Compliance and Ethics (SCCE)
Compliance and Ethics ManualThe chapter discusses effective best practices for topics ranging from recordkeeping and internal controls, anti-bribery, affirmative defenses, and trends and developments to penalties, the US Travel Act, and UN, OECD, and various country specific (UK, Canada, France, Brazil, etc.) anti-bribery instruments. -
12.29.2023Corporate Transparency Act Applied to M&AUpdatesThe Corporate Transparency Act, designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024
-
03.19.2021A Candid Conversation with the “FCPA Professor” Mike KoehlerPodcasts
White Collar Briefly - Episode 24
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.” -
08.27.2020Global Investigation Trends – India (Part 2): A Discussion With Arpinder Singh of EY Forensics & Integrity ServicesPodcasts
White Collar Briefly - Episode 11
In Part 2 of our examination of internal investigation trends in India, Perkins Coie partners Markus Funk and Chelsea Curfman speak with Arpinder Singh, a partner with EY Forensics & Integrity Services and head of their India and Emerging Markets group. -
08.19.2020Global Investigation Trends – India (Part 1): A Discussion With Sherbir Panag of Panag & Babu Law OfficesPodcasts
White Collar Briefly - Episode 10
Continuing our series of episodes regarding investigation and enforcement trends around the globe, Perkins Coie partners Markus Funk and Chelsea Curfman interview Sherbir Panag, firm co-founder and head of the Compliance and Investigations Practice at the Law Offices of Panag & Babu, in New Delhi, India.
-
08.06.2020The Changing Landscape of Internal Investigations: Italy, a Discussion With Ilaria Curti, Counsel at Portolano CavalloPodcasts
White Collar Briefly - Episode 9
On this episode of White Collar Briefly, the first of our series of episodes regarding global trends in internal investigations and enforcement, Ilaria Curti, head of the Internal Investigations Group at Portolano Cavallo in Rome, and Perkins Coie Partner Chelsea Curfman discuss how recent amendments to Italy’s anti-corruption laws are starting to affect both when and how companies choose to conduct internal investigations, as well as attitudes toward self-reporting of potential wrongdoing. -
06.10.2020A Candid Conversation With Joel EsquenaziPodcasts
White Collar Briefly - Episode 3
A candid conversation with Joel Esquenazi about, among other things, his time as a defendant in the high-profile U.S. v. Esquenazi trial. -
05.26.2020Treat Investigation Search Term List as Work ProductArticles
Law360
Internal investigators and their in-house clients are familiar with having to explain their investigative methodology to the client's outside auditors or government regulatory and enforcement agencies like the DOJ and SEC. -
05.18.2020A Corporate Insider’s Guide to Internal InvestigationsPodcasts
White Collar Briefly - Episode 1
On this episode of White Collar Briefly, attorneys, Markus Funk and Chelsea Curfman, interview special guest, Caroline McMichen, global ethics and compliance chief for Molson Coors Beverage Company, about the hallmarks of a successful internal investigation. -
05.03.2019The Delicate Task: Guide to Investigating Allegations of Company-Internal MisconductLawyer Publications
Oxford University Press
Chapter in “From Baksheesh to Bribery” -
04.27.2018The Delicate Task: A Practice Guide to Investigating Allegations of Company-Internal MisconductArticles
This article surveys key investigation-related issues important to companies, including why investigations matter; balancing investigative objectives against business realities; key investigative steps (and pitfalls); how to avoid the "runaway investigation"; how to share investigative findings; and how to construct an effective remediation plan.
-
02.28.2018SEC Speaks 2018: Flexibility and Cooperation on Both SidesUpdatesAt this year’s PLI “SEC Speaks” conference held February 22-23, 2018, in Washington, D.C., the U. S. Securities and Exchange Commission’s senior leadership showcased its 2017 accomplishments, and previewed priorities for 2018 and beyond.
Highlighted in Law360's: "In Case you Missed It: Hottest Firms And Stories On Law360," on 03.02.2018. -
06.2017U.K. Criminal Prosecutors Obtain Disclosure of Internal Investigation Documents, Prompting Privilege ConcernsArticles
Bloomberg Law, White Collar Crime Report
Three Perkins Coie attorneys examine a recent decision by a U.K. court rejecting privilege claims by a multinational mining conglomerate under criminal investigation by the U.K. Serious Fraud Office. The authors warn that companies must remain vigilant and take proper steps during internal investigations to preserve privilege protections while also balancing cooperation with enforcement agencies. -
06.05.2017How Will Criminal Trade Secret Prosecutions Fare Under President Trump?ArticlesFor many companies, protecting intellectual property is a significant concern made more difficult in recent years by the persistent efforts of foreign agents to steal valuable trade secrets.
-
01.04.2017How Will Criminal Trade Secret Prosecutions Fare Under President Trump?UpdatesFor many companies, protecting intellectual property is a significant concern made more difficult in recent years by the persistent efforts of foreign agents to steal valuable trade secrets. Analysis of public sources indicates that under the Obama administration, the U.S. government has made substantial efforts to combat this theft through an increase by the U.S. Department of Justice (DOJ) in the number of criminal trade secret prosecutions.
This update was republished in Law360 on 01.06.2017, "Criminal Trade Secret Prosecutions Under President Trump." -
03.04.2016AAG Caldwell Dispels Rumors of “Yates Certification” RequirementLawyer PublicationsOn March 3, 2016, DOJ Criminal Division’s Assistant Attorney General Leslie Caldwell addressed recent media reports claiming that companies under investigation by DOJ will soon need to certify their full disclosure of certain documents as a prerequisite to obtaining a settlement agreement with the Department.
-
02.08.2016The Emerging Compliance 'Hot Topic' for 2016: Regulations Regarding Trafficked, Coerced LaborArticlesIn many businesses, supply chain management historically has fallen outside the core of the company's compliance function. But that was then.
-
02.01.2016Funk and Curfman Publish French Foreign Corruption Law Flow Chart
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 legislation.
Presentations
-
04.13.2022Avoiding Trial and Error in Internal InvestigationsSpeaking EngagementsAssociation of Corporate Counsel - Colorado / Denver, CO
-
12.04.2019Avoiding Ethical Pitfalls Unique to Internal Investigations: How to Protect Your Company (And Yourself!)Speaking EngagementsACC 13th Annual Ethics Day for In-House Counsel / Denver, CO
-
03.13.2018ABA Roundtable -- Insights from the Trenches: Navigating the FCPA and Non-U.S. Anti-Corruption Instruments in 2018 and BeyondSpeaking EngagementsABA Criminal Justice Section’s Global Anti-Corruption Committee Roundtable / Phoenix, AZ
Chelsea Curfman and Markus Funk addressed recent developments in FCPA enforcement, including how U.S. regulators are handling the DOJ’s new FCPA Corporate Enforcement Policy, voluntary self-disclosure, cross-border cooperation, and anti-corruption due diligence efforts, as well as how companies should respond.
-
11.20.2017Implementation of Integrity Compliance Programs of Multinational Corporations and Small and Medium Enterprises: Monitors PerspectiveSpeaking Engagements
World Bank Group and African Development Bank Integrity Compliance Programs Workshop / Johannesburg, South Africa
Chelsea Curfman offered her insights on the role of an independent compliance monitor and tips for companies seeking to develop and implement an effective Integrity Compliance Program. -
10.19.2017Do We Have a Problem? The Anatomy of an Internal InvestigationSpeaking EngagementsFinancial Executives International Meeting / Denver, COChelsea Curfman and Markus Funk shared their “in-the-trenches” experiences and views on internal investigations with a group of over 120 chief financial officers, treasurers, controllers, and other financial professionals.
-
05.02.2017ABA Roundtable -- Insights from the Trenches: Navigating the FCPA in 2017 and BeyondSpeaking EngagementsABA Criminal Justice Section’s Global Anti-Corruption Committee Roundtable / Phoenix, AZChelsea Curfman and Markus Funk addressed recent developments in FCPA enforcement, including how U.S. regulators are grappling with recent directives such as the DOJ’s FCPA Pilot Program, the “Yates Memo” and individual prosecutions, voluntary self-disclosure, and cross-border cooperation.
Blog
-
A Candid Conversation with the “FCPA Professor” Mike Koehler
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,... -
In Part 2 of our examination of internal investigation trends in India, Perkins Coie partners Markus Funk and Chelsea Curfman speak with Arpinder Singh, a partner with EY Forensics & Integrity Services and head of their India and Emerging Markets group. Topics discussed include trends in both the subject matter and scope of internal investigations...
-
Continuing our series of episodes regarding investigation and enforcement trends around the globe, Perkins Coie partners Markus Funk and Chelsea Curfman interview Sherbir Panag, co-founder and head of the Compliance and Investigations Practice at the Law Offices of Panag & Babu, in New Delhi, India. Sherbir discusses recent trends in enforcement of corruption-related cases in...
-
In this first of our series of episodes regarding global trends in internal investigations and enforcement, Ilaria Curti, head of the Internal Investigations Group at Portolano Cavallo in Rome, and Perkins Coie Partner Chelsea Curfman discuss how recent amendments to Italy’s anti-corruption laws are starting to affect both when and how companies choose to conduct...
