Kevin R. Feldis Partner

Government Investigations and Compliance

• Represented artificial intelligence (AI) company responding to U.S. Senate request for information explaining safety policies and procedures.
• Representing oil & gas sector client responding to DOJ, EPA and State DEC environmental investigations.
• Assisting energy sector client develop ESG/Sustainability program, including supplier code of conduct and third-party manufacturer human rights audit form.

• Represented client responding to request for information from the United States Senate Permanent Subcommittee on Investigations. Conducted investigation and presented findings resulting in no further action taken by Subcommittee.

• Represented venture capital company in responding to SEC subpoena regarding investments in cryptocurrency related entities. 

• Represented publicly traded company responding to SEC subpoena focused on sales statements to investors as well as reporting on social responsibility and ESG impacts.

• Representing multi-national public company responding to DOJ Immigrant and Employee Rights Section investigation and complaint of discriminatory documentation practices. 

• Represent California doctor responding to U.S. Department of Health and Human Services Office of Inspector General (OIG) subpoena and U.S. Attorney’s Office investigation into alleged False Claims Act violations and allegations of billing for unnecessary procedures by medical practice.

• Successfully defended government contractor against False Claims Act allegations focused on FAA, GSA and U.S. Army Corp. contracts.  Conducted internal investigation and obtained opportunity to present a case summary to government investigators and prosecutors resulting in the U.S. Attorney’s Office declining enforcement action and closing the case. 

• Defending client in criminal investigation by the Alaska Department of Environmental Conservation for alleged release of hazardous substance.

• Represented Corporate executives in response to IRS Trust Fund Recovery Penalty (TFRP) investigation related to alleged past due corporate employment taxes.
• Advised Private Equity firm and its portfolio companies about the Paycheck Protection Program (PPP) loan process and potential Small Business Administration audits under the CARES Act, including conducting a loan review analysis supporting the “necessity” certifications.
• Assisted Singapore-based company with analysis of U.S. Sanctions framework and OFAC enforcement related to proposed transaction with partially owned subsidiary of SDN listed entity and prepared application for OFAC specific license authorizing transaction.
• Represent Cruise Ship Company under DOJ investigation for alleged improper environmental discharge, record keeping and reporting violations. Provide advice regarding environmental compliance and enforcement matters.
• Advised national retail chain responding to State Attorney General’s Office investigation related to sale of prescription pharmaceuticals.
• Successfully defended Silicon Valley tech company being investigated by the DOJ Immigrant and Employee Rights Section resulting in DOJ closing investigation without any enforcement action or finding or wrongdoing.
• Advised top university regarding Department of Labor consent judgment entered against third-party tenant alleged to have committed violations while operating on university lands.
• Represented Alaska Native Corporation responding to U.S. Air Force Command Investigation in connection with a federal government contract. Investigation was closed without any finding of wrongdoing.
• Assisted telecommunications company in responding to DOJ investigation related to fraud committed by third-party individual that was target of federal investigation.
• Assisted government contractor in responding to DOJ investigation related to former employee charged with violations of the Anti-Kickback Act.

Civil and Criminal Litigation

• Representing company in matter referred to the LA County District Attorney’s Office related to alleged transportation of hazardous waste.
• Represented entity facing investigation related to alleged oil discharges and negotiated misdemeanor resolution with the Santa Barbara County District Attorney’s Office.

• Represented leading University in civil litigation in the Northern District of California seeking recover of cleanup costs for soil contamination.

• Successfully defended three individual defendants charged with federal misdemeanor security violations on a military base. Investigated facts and negotiated with the United States Attorney’s Office and Army JAG Officer to obtain a complete dismissal of the charges.

• Represented individual charged with felony fraud and related activity in connection with electronic mail in the Southern District of California resulting in favorable negotiated misdemeanor resolution.
• Successfully defended international oil field services company and its corporate subsidiaries against criminal charges filed by the State of Alaska Attorney General’s Office stemming from alleged toxic gas air emissions from chemical transfer facility. Served as lead litigation counsel in obtaining complete pre-trial dismissal of 26-count felony indictment after challenging sufficiency of the evidence, failure to present exculpatory evidence to the grand jury, and other evidentiary and procedural errors.
• Successfully mediated contract dispute on behalf of national software services provider resulting in favorable settlement agreement for client.
• Analyzed legal options, sent demand letter and negotiated pre-litigation settlement and payment of damages for breach of contract on behalf of educational solutions, training and online learning company.
• Asserted claims under the Computer Fraud and Abuse Act and filed complaint in U.S. District Court for the Western District of Washington on behalf of China-based client seeking to identify hackers and recover stolen Bitcoin and other digital assets. 
• Defended computer hardware company charged by the U.S. Department of Justice and U.S. Customer & Border Patrol with importing counterfeit goods from China in violation of the Tariff Act. Successfully negotiated resolution that included dismissal of the federal complaint. 
• Represented government contractor defending against breach of contract suit filed in Washington State Superior Court and pursued counterclaims arising out the alleged breach of subcontract issued under an IDIQ prime contract with the Navy.
• Advised client regarding enforceability of purchase order terms and potential breach of contract claims and defenses, including relevance of course of dealing and prior standard contract terms.

FCPA and Global Anti-Corruption

• Conducted internal investigation into allegations of kickbacks and bribery occurring within Southeast Asia and China sales operations of U.S. company. Analyzed facts and provided compliance advice pursuant to the Foreign Corrupt Practices Act and the U.K. Bribery Act.
• Advised U.S. government contractor under investigation by DOJ FCPA Unit for alleged bribery stemming from the actions of local agents obtaining visas and business licenses in Middle Eastern country in furtherance of federal government contract.
• Providing anti-corruption advice for U.K. company regarding recovery of stolen digital assets in China.
• Implemented FCPA third-party due diligence process for U.S. company with business units operating throughout the Middle East, Africa, and Asia.
• Review, update, and provide training on anti-corruption policies for U.S. company doing business worldwide.

Internal Investigations

• Conducted internal investigation for large energy sector client into compliance with corporate document and data retention directives.
• Conducted internal investigation related to potential product tampering.
• Conducted internal investigation for large transportation company into vendor conduct and business unit relationship with vendor.

• Led internal investigation for business division related to Executive Order 14042 and the application of federal COVID-19 vaccine and safety requirements for employees working on covered federal contracts.

• Conducted internal investigation for a Special Committee of the Board of tech company in response to allegations of roundtripping, improper revenue recognition, and other alleged wrongdoing raised by former CFO.  Developed compliance recommendations and coordinated with outside auditors.
• Provided advice to Board of Directors of food services company regarding conduct and potential breach of severance rights agreement by outgoing CFO during transition period to new leadership.  Conducted internal investigation regarding same. 

• Investigated allegations of digital token price and exchange market manipulation, including analysis of blockchain information, and advised regarding compliance procedures.

• Reviewed incident reports and investigated allegations of Medicaid billing errors. Advised regarding remediation and compliance procedures.

• Assisted company in a highly regulated industry in responding to safety allegations made by a former employee. Conducted internal investigation and prepared factual findings that were presented to federal regulatory agency. Matter was reviewed and closed with no enforcement action.
• Conducted internal investigation involving whale encounters and compliance with the Marine Mammal Protection Act and Endangered Special Act.
• Advised government contractor related to the Procurement Integrity Act and DOJ’s standards for evaluating corporate compliance plans. Conducted internal investigation related to the handling of propriety information and the federal contract bid process.
• Assisted nonprofit company in responding to allegations about former employee’s misconduct/violations of law and use of company computers. Conducted internal investigation and coordinated with law enforcement.
• Conducted internal investigation of alleged theft by employees working in company’s remote hub locations.
• Assisted company with responding to hotline complaint alleging violation of company policy and unsafe conduct by supervisor and conducted internal investigation, made factual findings, and provided recommendations for remedial steps.

Cybersecurity and Data Privacy

• Assisted non-U.S. company with responding to unauthorized email distribution, access to computers, threatened cyber attacks and the return of company data from former U.S.-based service provider. Coordinated with federal law enforcement and assessed legal remedies under the Computer Fraud and Abuse Act. 
• Advised investment management firm on response to ransomware attack, engagement of digital forensic expert and mitigating potential risks.
• Provide counsel to corporate Board regarding oversight obligations for cybersecurity and incident response, including addressing risks and response to ransomware attacks.
• Assisted company with responding to business email compromise, retaining third-party cybersecurity firm to assess potential data breach, and making breach notifications in multiple states regarding potential loss of personally identifiable information.

• Coordinated with cybersecurity firm and FBI on behalf of client responding to Ryuk ransomware attack.
• Served as incident response counsel for ransomware attack on U.S. company, including coordination with FBI and assessment of data breach reporting obligations.
• Conducted investigation into business email compromise and email spoofing scam resulting in financial loss to client. Led IC3 reporting, local coordination with FBI, and advisement regarding new internal controls and cybersecurity measures.
• Investigated cybercrimes and unlawful online conduct including internet fraud, email spoofing, DDoS Attacks, Botnets, child pornography, counterfeit goods, unauthorized access to computers and other violations of the Computer Fraud & Abuse Act and federal law.*

Corporate Counseling

• Advising international company with U.S. subsidiaries regarding climate related legislation and reporting on the state and federal level in the United States.

• Advised Board of non-profit charter school management organization regarding contract, services and intellectual property agreements.

• Advised CEO of tech start-up regarding dispute with co-founder and former officer of the company.
• Counseling a variety of companies regarding the SBA PPP loan program, compliance with the necessity certification and loan forgiveness.
• Advised national university regarding third-party due diligence and compliance matters.
• Assisted financial institution with assessment of COVID-19 litigation and compliance risks.
• Reviewed and updated corporate Code of Business Conduct for corporation in the natural resources sector to include anti-corruption, anti-fraud, social media, and gift policies.
• Assisted Alaska Native Corporation with significant Section 8(a) government contracting business to review and update to corporate Code of Ethics and development of Anti-Money Laundering/Bank Secrecy Act policy.
• Advised company on the use of employee photos on social media and updating consent forms.
• Provided advice about corporate compliance plans, parent-subsidiary liability, and how DOJ evaluates corporate compliance programs.

Corporate Training

• DOJ Enforcement Policies
• Evaluating Corporate Compliance Plans
• Environmental Enforcement and Compliance
• Incident Response
• Corporate Duties and Government Investigations
• Cybersecurity and Data Protection
• False Claims Act
• Foreign Corrupt Practices Act
• Conducting Internal Investigations

Environmental Crimes

Mining*

Successfully litigated a more than two-week jury trial against a corporate chief operating officer of a mining company operating a placer mine for violating NPDES permit requirements under the Clean Water Act.

Maritime and Shipping*

Led investigations involving cargo vessels, oil tankers, bulk carriers, drilling ships, mobile offshore drilling units, and various shipping companies and ship’s officers related to oil record books, graywater and wastewater, ballast water, maritime safety, and other maritime compliance matters. Prosecuted cases involving violations of MARPOL protocol, the Nonindigenous Aquatic Nuisance Prevention and Control Act, the Act to Prevent Pollution from Ships, and the Clean Water Act.

Seafood Processing*

Investigated seafood processing facilities and managers for civil and criminal violations of the Clean Water Act and the Clean Air Act.

Oil Spill*

Led criminal investigation coordinating with multi-agency Incident Command that was activated in response to the grounding, mass casualty and sinking of the bulk cargo vessel Selendang Ayu off the coast of Alaska. Six crew members drown after a Coast Guard helicopter crashed during rescue operations, and 350,000 gallons of diesel and bunker fuel oil spilled from the vessel. The investigation resulted in the criminal conviction of the Ship’s captain and operating company.

Oil Pipeline Leak*

Investigated largest oil pipeline leak and spill in Alaska resulting in Clean Water Act conviction.

Asbestos Violations*

Prosecuted company for Clean Air Act asbestos violation arising out of improper demolition of a building.

Wastewater Treatment*

Investigated and prosecuted the falsification of sampling results required under NPDES Clean Water Act permit by an employee of municipal wastewater treatment plant.

Fish & Wildlife Statutes*

Litigated and supervised Lacey Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, Refuse Act, Endangered Species Act, and other cases with the U.S. Fish & Wildlife Service, NOAA, and the U.S. Forest Service.

*Experience prior to joining the firm.