Publications
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03.22.2024Corporate Compliance, Professional Perspective - Federal Enforcement Priorities & Emerging Corporate RisksArticlesIn March 2024, the American Bar Association's (ABA) 39th Annual National Institute on White Collar Crime provided a forum for significant insights into federal enforcement priorities and emerging risks facing companies and their executives.
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03.18.2024 (UPDATED 04.05.2024)The SEC’s Climate Disclosure Rule Has Arrived: Scope 3 Is Out—But What Is In?UpdatesAfter nearly two years of public comments and deliberation, the U.S. Securities and Exchange Commission adopted a Final Rule on Mandatory Climate Disclosures. Most notably, the Final Rule requires companies to report certain greenhouse gas emissions and material climate impact information in their registration statements and annual reports.
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01.19.2024COP28: Takeaways for Businesses and InvestorsArticles
The 28th United Nations Climate Change Conference of the Parties wrapped up in Dubai in mid-December 2023. This Article summarizes key takeaways and describes the potential implications for businesses and investors.
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10.19.2023California Enacts Broad Climate Disclosure LawsUpdatesCalifornia Governor Gavin Newsom signed two climate disclosure bills into law on October 7, 2023. They will impose significant reporting obligations on thousands of companies doing business in California.
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03.16.2023DOJ Issues New Guidance on Use of Personal Devices and Third-Party Messaging ApplicationsUpdatesThe U.S. Department of Justice announced significant new guidance on March 3, 2023, regarding the use of personal devices and the retention of corporate communications.
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02.2023A Roadmap for Advanced Investigation Interview TechniquesArticles
Bloomberg Law
Most of us would consider it unwise to head out on an important and uncertain journey with no prior planning or preparation. -
02.2023Avoiding Inertia, Resistance & Reactance in Investigation InterviewsArticles
Bloomberg Law
When coming to an interview, several studies show that most witnesses have not yet decided on a specific strategy for the interview or whether they will be cooperative. -
02.06.2023Corporate Boards Are Ramping up These Sustainability PrioritiesArticlesSustainability remains a top priority for corporate boards this year as industries field growing demand from investors, consumers, and governments for more accountability, transparency, and responsiveness.
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12.22.2022COP27: Four Takeaways for Business LeadersUpdates
The 27th United Nations Climate Change Conference of the Parties was held in Sharm el-Sheikh, Egypt, in November 2020. While much was discussed during the conference, this Update includes key takeaways that may be of greatest interest to business leaders.
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11.11.2022ESG Helps Emerging Companies Add Value and Reduce RiskArticlesPerkins Coie attorney Kevin Feldis explains how effective ESG plans give startup companies a competitive edge. This includes recruiting top talent, communicating priorities, and other factors that increase long-term value.
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05.06.2022To Meet ESG Goals, Cos. Must Scrutinize Carbon OffsetsArticles
Law360
Seemingly every other week, another company pledges to reduce greenhouse gas emissions, and to achieve net-zero emissions by 2050 or sooner. These efforts are to be applauded. -
04.04.2022Law Enforcement Zeroes in on Russian Sanction Evasion SchemesArticlesPerkins Coie attorneys predict a historic push by the DOJ among other regulators to find and stop companies and individuals from evading sanctions imposed against Russia in their business dealings.
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03.30.2022What Companies Should Know Now About the SEC’s Proposed Rule on Mandatory Climate Disclosures—and How to Plan AheadUpdatesThe U.S. Securities and Exchange Commission on March 21, 2022, proposed detailed and wide-ranging requirements for publicly traded companies to disclose their greenhouse gas (GHG) emissions and climate risks in their registration statements and annual or other periodic reports.
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01.10.2022ESG Resolutions for 2022Articles
Bloomberg Law
Perkins Coie partners Kevin Feldis, David Daniels, and Jamie Schafer offer environmental, social and governance corporate resolutions for the new year and highlight key action steps to take, starting with prioritizing ESG and conducting an assessment. -
11.22.2021COP26: Corporate Impacts and OpportunitiesUpdatesThe 26th United Nations Climate Change Conference of the Parties, wrapped up earlier this month in Glasgow, Scotland, after two weeks of negotiations. This update discusses how international agreements and U.S. policy announcements coming out of COP26 will affect businesses and provide opportunities in the months and years ahead.
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11.09.2021Crypto and ESG Both on the Radar: SEC Outlines a Strong Enforcement ApproachUpdatesU.S. Securities and Exchange Commission (SEC) Chair Gary Gensler outlined a vigorous enforcement approach in his keynote remarks at the annual Securities Enforcement Forum.
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10.08.2021DOJ’s New National Cryptocurrency Enforcement Team Portends Wave of Criminal ScrutinyUpdatesDeputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) is stepping further into the cryptocurrency fray by creating the National Cryptocurrency Enforcement Team.
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07.13.2021Sustainability Disclosures: What Is Material?UpdatesIn this issue of the Perkins Coie Summer Sustainability Series, we discuss the debate over the materiality of ESG disclosures to investors and suggest action items for companies considering increased disclosures on these topics.
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06.08.2021ESG Leadership: Heeding the Call to ActionArticlesAn oil industry giant just lost a proxy battle that unseated incumbents and installed at least two new independent board members in a move that is expected to put a focus on the company’s approach to climate action and reducing emissions—putting to rest any doubt that the landscape in which businesses operate has been fundamentally transformed.
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03.22.2021ESG Rewards, Risks, Compliance, and TipsPodcasts
White Collar Briefly - Episode 25
White Collar Partner Kevin Feldis speaks with Tony Davis, chief executive officer and chief information officer of Inherent Group, a value-based investment company that uses environmental, social and governance factors to make investment decisions.
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11.04.2020SBA Questions Borrowers About the Necessity of Their PPP LoansUpdatesOver the course of the last week, the Small Business Administration (SBA) has reportedly begun quietly questioning borrowers who had received Paycheck Protection Program (PPP) loans about the “necessity” of their loans.
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10.29.2020World Wildlife Fund VP Discusses Corporate Supply Chain CompliancePodcasts
White Collar Briefly - Episode 17
Markus Funk and Kevin Feldis speak with Corey Norton, Vice President for Supply Chain Legality at the World Wildlife Fund (WWF), about the important role that non-governmental organizations (NGOs) can play in corporate supply chain compliance. -
09.17.2020Interview Techniques: Building Rapport and Getting in SyncPodcasts
White Collar Briefly - Episode 14
Kevin Feldis, a former federal prosecutor, talks with retired Special Agent Colton Seale about recent research on conducting interviews in way that improves results. Colton spent 22 years with the FBI, including serving as a member of the High Value Detainee Interrogation Group (HIG), interviewing suspects around the world. -
06.11.2020The New Normal With Ross MansbachPodcasts
White Collar Briefly - Episode 4
A conversation with Ross Mansbach, deputy general counsel at Avanos Medical, a publicly-traded medical device and technology company about the impacts of COVID-19, the transition to remote working, and what it all may mean for corporate legal departments and their relationships with outside counsel. -
05.15.2020INSIGHT: New SBA Safe Harbor Leaves ‘Necessity’ Ambiguity in PPP LoansArticlesA new $2 million SBA safe harbor for PPP loans appears to create a wide umbrella that substantially reduces the risk that adverse consequences will rain down and soak companies with loans in this category.
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05.15.2020New SBA Safe Harbor Leaves ‘Necessity’ Ambiguity in PPP LoansBlogs
White Collar Briefly
A new $2 million SBA safe harbor for PPP loans appears to create a wide umbrella that substantially reduces the risk that adverse consequences will rain down and soak companies with loans in this category. -
05.15.2020SBA’s Expanded “Safe Harbor” May Reduce, But Does Not Eliminate, Enforcement Risks for Businesses Seeking PPP LoansUpdatesBorrowers who, together with their affiliates, received Paycheck Protection Program (PPP) loans in an aggregate amount less than $2 million will be deemed to have made their certification that the loan was “necessary” in good faith, according to new guidance issued by the U.S. Small Business Administration (SBA).
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05.05.2020Navigating “Necessity” Under the Paycheck Protection Program: Avoiding Risky BusinessUpdates“Trust, but verify.” This has gained new currency in the context of the Department of Treasury and the Small Business Administration’s April 23 and April 28 guidance concerning “necessity” certification of Paycheck Protection Program loans and a new interim final rule issued April 30 limiting loans to corporate groups.
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05.01.2020INSIGHT: Navigating ‘Necessity’ Under the Paycheck Protection ProgramArticlesCompanies seeking PPP loans must certify they have an “economic necessity” to obtain these loans.
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08.20.2019You Received One of the IRS Crypto Letters—What’s Next?BlogsOver the past month, the Internal Revenue Service (IRS) has sent letters to over ten thousand taxpayers that it believes may have failed to report virtual currency transactions (primarily Bitcoin-related) or may have omitted income derived from virtual currency transactions.
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03.18.2019Higher Ed Admissions Scrutiny—The Road AheadUpdatesThe wave of federal charges against some fifty individuals for college admissions fraud and testing bribery schemes caught numerous universities and much of the United States by surprise.
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03.14.2019An Emerging Road Map For FCPA ComplianceArticles
Law360
Enforcement of the Foreign Corrupt Practices Act has firmly entered a new era of transparency under U.S. Department of Justice Assistant Attorney General Brain Benczkowski with incentives for companies to have robust compliance programs and rewards of avoiding prosecution for self-disclosure and cooperation. -
02.19.2019Blockchain Attacks and the Fight for ImmutabilityUpdatesThe Ethereum Classic blockchain was the victim of a 51% attack (often called a majority or Sybil attack) on January 5, 2019 that reorganized portions of the blockchain and allowed the attackers to double-spend 219,500 ETC ($1.1 million).
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03.08.2018FCPA Enforcement and Corporate Compliance: 3 Things to Know for 2018UpdatesLast year saw continued aggressive Foreign Corrupt Practices Act enforcement by the U.S. Department of Justice and all indicators are that investigations are not going to slow down in 2018.
Presentations
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02.23.2023Sustainability & ESG in 2023: Key Developments and Hot TopicsSpeaking Engagements
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12.19.2022Compliance: DOJ Policy Updates and Best PracticesSpeaking Engagement
Corporate Training Program / Virtual -
09.28.2022Growing Your ESG Practice: Internal and External Priorities for Law FirmsSpeaking Engagement
Legal Marketing Association / Webinar -
06.08.2021
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05.25.2021 - 05.26.2021Investigative Strategies, Evidence Collection and Interviewing WitnessesLecturer
Judiciary Wildlife Crime Workshop / Suriname - Virtual
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02.07.2020Compliance and Enforcement: A Roadmap to Compliance Programs and Avoiding Enforcement Actions In 2020Speaking Engagement
Corporate Training Program - CLE / Seattle, WA -
11.11.2019Compliance Saves the Day: What You do Before, During and After Being Altered to a Problem Makes a DifferenceSpeaking Engagement
Corporate Leadership Conference / Huntsville, AL -
06.18.2019DOJ Enforcement Policies and Compliance Guidelines: Preparing Government Contractors to Avoid Costly MistakesSpeaking Engagement
National 8a Association / Alaska Regional Conference -
04.29.2019Digital Assets and Financial Action Task Force Recommendations Regarding Virtual Asset Service Providers
Speaking Engagement
DOJ Anti-Corruption Training, KPK Anti-Corruption Training Center
Jakarta, Indonesia -
04.29.2019Trends in Global Anti-Corruption Enforcement and Corporate Compliance PlansSpeaking Engagement
DOJ Anti-Corruption Training, KPK Anti-Corruption Training Center
Jakarta, Indonesia -
04.25.2019From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft
Speaking Engagement
Book Discussion of Chapter on the Indonesian Anti-Corruption Legal Framework
Jakarta, Indonesia -
06.21.2018DOJ Enforcement and Cybersecurity UpdateSpeaking Engagement
Society of Corporate Compliance and Ethics, 2018 Regional Compliance and Ethics Conference -
06.20.2018Cybersecurity and Data ProtectionSpeaking Engagement
National 8(a) Association, Alaska Regional Conference -
06.05.2018A View From InsideSpeaking EngagementsPerkins Coie Office / Seattle, WA
Perkins Coie Office / Portland, ORTopics covered include, cybersecurity, government investigations and FCPA enforcement. -
05.11.2018Cybersecurity and Data Privacy: Understanding and Responding to the Technical and Legal Risks
Speaking Engagement
Annual Conference
Alaska Native Village Corporation Association / Anchorage, AK -
05.02.2018Cybersecurity and Data Privacy: Mitigating Employee, Vendor and Third Party RisksSpeaking Engagement
Alaska Bar Association, Employment Law Section CLE -
04.2018
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04.2018New Technologies and New Risks: Data Protection and Cyber Corporate ComplianceSeminarsPerkins Coie LLP, Wispro Technology Consulting Corporation, and Fronteo Taiwan, Inc held a seminar "Legal and IP Issues in Cutting Edge Artificial Intelligence Industry and Markets"
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04.16.2018 - 04.17.2018Interpol National Training on Financial Investigations, Forest Crimes, Land Use and Related Crimes
Instructor
Interpol Training Program / Port Moresby, Papua New GuineaInterpol training program for investigators, financial analysts, forestry officials, prosecutors and judges
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03.20.2018Cyber Threats: Scoping the Project, Contract Provisions, and ResponsesSpeaking Engagement
Alaska Bar Association CLE / Anchorage, AK -
12.12.2017Cybersecurity and Data Protection: What you need to know and what you can do to prepare in 2018
Speaking Engagement
Alaska Bar Association, Ethics & Compliance Section CLE / Anchorage, AK -
08.2017Digital Evidence in Environmental Crimes CasesSpeaking Engagement
Training for Judges / Kota Kinabalu, Malaysia -
08.2017CybercrimeSpeaking Engagement
Student and Faculty Lectures / University of Surabaya, Indonesia -
07.2017What is Digital EvidenceInstructor
DOJ Training for Prosecutes and Judges / Nusa Dua, Indonesia -
06.2017Corporate Liability in the Forestry SectorSpeaking Engagement
Interpol Global Forest Crimes Conference / Lyon, France -
05.2017Respondeat Superior & Corporate ProsecutionsSpeaking Engagement
Malang, Indonesia -
04.2017Advanced Anti-Corruption Investigative and Prosecution TechniquesSpeaking Engagement
Law Enforcement Training / Bandung, Indonesia -
03.2017Cybercrime and using Digital Evidence in the CourtroomInstructor
DOJ Training for Judges and Prosecutors / Jakarta, Indonesia -
03.2017Illegal Logging, Corruption and Related Financial Crimes in the Forestry SectorInstructor
DOJ Training Program / Kalimantan, Indonesia -
02.2017Corporate Criminal Liability SeminarSpeaking Engagement
Indonesian Supreme Court of Jakarta / Jakarta, Indonesia -
06.2015When a Government Contract Goes WrongSpeaking Engagement
National 8(a) Association Conference / Anchorage, AK