Publications
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08.03.2023FTC Finalizes Updated Guidance for Influencer and Consumer Review ProgramsUpdatesThe Federal Trade Commission recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address the FTC’s latest thinking about how the truth-in-advertising standards under the FTC Act apply to endorsement and review-related issues.
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02.16.2022Eight Ways Businesses Can Stop Child Labor in Their Supply ChainsArticlesFor the first time since 2000, child labor is on the rise, according to the International Labour Organization (ILO) and United Nations Children’s Fund (UNICEF). A staggering 160 million children were victims of forced labor in 2020.
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12.2021Assessing ESG Risks for Businesses in the COVID-19 EraArticlesCOVID-19 disrupted business operations, supply chains, and economies around the globe. In response, businesses had to respond to multiple crises throughout their operations. Companies sought to make good choices concerning procurement, logistics, HR, and go-forward strategies.
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12.28.2021Child Labor and COVID-19—It’s Time to Make Meaningful New Year’s Supply Chain ResolutionsUpdatesWith the new year approaching, this is an excellent time to turn over that new leaf and commit to starting, or reestablishing, good habits. Businesses should be no different.
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09.28.2021World Bank Should Add Sanctions To Curb Human TraffickingArticles
Law360
In its Sept. 13 report titled "Groundswell Part 2: Acting on Internal Climate Migration," the World Bank Group warns that climate change could displace 216 million people by 2050. Where migration and poverty collide, those willing to exploit human suffering for personal gain see great opportunities.
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06.25.2021Supply Chain Compliance: Products From ChinaUpdatesThere has been much attention focused on Beijing’s labor policies and practices toward the Uyghur Muslim population and other minority groups in China. Given that the western Xinjiang region is responsible for approximately one-fifth of the world’s cotton supply, many industry players are finding compliance issues a challenge.
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01.06.2021Leyla Seka: The Next Right Action for Gender Equality and Racial Equity in TechPodcasts
White Collar Briefly - Episode 20
In this episode, Paul Hirose, former president of the National Asian Pacific American Bar Association and co-chair of Perkins Coie’s Supply Chain Compliance and Corporate Social Responsibility practice, speaks with Leyla Seka about her leadership in confronting gender equality and racial equity issues in the tech industry. -
10.13.2020Stuffing the Holiday Stockings with Two Handy Supply Chain Disclosure Charts ... and One Top Five Mistakes List!Updates
[Warning: The juxtaposition of joyous holiday festivities and forced labor is not intended to make light of human rights violations, but to assist companies in avoiding common mistakes in their anti-human trafficking disclosure statements.]
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04.03.2019Understanding the UK’s Impending “Name and Shame” Approach for Ridding Supply Chains of Forced LaborUpdatesThe U.K. Modern Slavery Act of 2015, which was modeled after the California Transparency in Supply Chains Act, requires companies falling under its jurisdictional hook (and there are many) to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains.
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04.01.2019UK's New 'Name And Shame' Approach To Anti-TraffickingArticles
Law360
This article unearths a little-known U.K. Home Office tender announcement underscoring why and how companies falling under the U.K. Modern Slavery Act of 2015’s jurisdiction (and there are many) must get their supply chain disclosures ready for prime-time, lest they risk receiving a starring role on the U.K. Home Office’s contemplated “naming & shaming” list of non-compliant companies and be otherwise subjected to official enforcement actions. -
06.12.2018Ninth Circuit Reinforces Need for Due Diligence When Doing Business With the Cannabis IndustryUpdatesIn recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies.
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06.05.2018Ninth Circuit Ruling Reinforces Necessity of Due Diligence When Doing Business in the Cannabis IndustryArticlesIn recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies.
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04.20.2018Minimizing the Risks of Doing Business With Companies in the Cannabis IndustryUpdates
What is the current state of federal enforcement as to cannabis? Are there ways that companies not directly involved in the cannabis industry may still do business with companies in the industry, while minimizing potential exposure to federal criminal penalties under the CSA?
A version of this article was originally published by Bloomberg BNA White Collar Crime Report on April 18, 2018.
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12.19.2017We Trust Santa’s Factory Is Free of Forced Labor and Corruption—Your Supply Chains Should Be Too.UpdatesImagine the public relations nightmare poor Santa Claus would face if forced labor or corruption was found in his factory.
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05.03.2017The ABA Compliance Officer’s DeskbookLawyer PublicationsThe ABA Compliance Officer's Deskbook equips today's compliance professionals from private sector companies and organizations, nonprofits, hospitals, and all other entities whose funds and reputation might be jeopardized by failure to comply with the law with a practical, comprehensive understanding of the regulatory and enforcement landscape in a manner that is thorough and easily-digestible.
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01.11.2017Avoiding A New Wave Of Deceptive Price Advertising ClaimsArticles
Law360
Los Angeles City Attorney Mike Feuer recently announced the filing of lawsuits against some of the largest retailers in the United States. -
12.13.2016How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising LawsuitsUpdatesLos Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside an inflated “original price.”
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12.09.2016The Secret Ingredient Guaranteed to Spoil Retailers’ Holiday Cheer: Forced Labor (and Bribery) in Your Supply ChainArticles
The article notes that the holiday retail season is an ideal time to check that forced labor and bribery—the two top and interconnected supply-chain threats—do not undermine the success of your critical sales period.
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11.28.2016Don’t Let Forced Labor and Bribery in Your Supply Chain Spoil the HolidaysUpdates
The holiday retail season is an ideal time to check that forced labor and bribery—two top and interconnected supply-chain threats—do not undermine the success of your critical sales period.
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03.18.2016Importing Goods Made with Forced Labor Now Under Stricter ScrutinyArticles
The week of Feb. 22, the federal government took a significant step in the fight against forced (that is, slave, trafficked, child, and indentured) labor. President Barack Obama signed into law the ‘‘Trade Facilitation and Trade Enforcement Act of 2015.” As explained in this BNA-Bloomberg article, this enactment, which takes effect March 10, 2016, critically closes a loophole by amending the Tariff Act of 1930 (Tariff Act) to remove the long-standing ‘‘immunity’’ for broad classes of goods made with forced and prison labor.
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03.03.2016New Law Increases Scrutiny for Importing Goods Made with Forced LaborUpdatesThe federal government took another step in the fight against human trafficking and forced labor. President Obama signed into law on February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA).
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11.2015Human Trafficking Laws Impacting BusinessesSupply Chain Practice Co-Chairs Funk and Hirose’s chart compares human trafficking laws impacting businesses.
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08.10.2015Doing Business in the U.K.? Modern Slavery Act £36M Threshold IssuedUpdatesCompanies doing business in the United Kingdom take note: the U.K. government just made the not-so-long-awaited announcement that businesses with an annual turnover of 36 million British pounds (£36M) will be subject to the reporting requirements of the U.K. Modern Slavery Act of 2015 (U.K. Act).
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07.2015/08.2015Developing a CSR Supply Chain Compliance ProgramArticles
Practical Law
This article examines issues a company should consider when, designing a CSR program; drafting CSR program documents; implementing a CSR program and enforcing a CSR program. -
05.27.2015A New Compliance Challenge for Companies Doing Any Business in U.K.Articles
This article, written by partner T. Markus Funk, senior counsel Paul Hirose and associate Elizabeth Breakstone, examines the U.K. Modern Slavery Act of 2015 and how it will affect companies doing business in the U.K.
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03.2015Developing a CSR Supply Chain Compliance ProgramArticles
Practical Law
A Practice Note describing key points to consider when developing and implementing a corporate social responsibility (CSR) supply chain compliance program. -
02.14.2013The Devil Is In 'Where To Disclose' Supply Chain DetailsArticles
Law360
The article examines the California Transparency in Supply Chains Act’s oft-confused website homage disclosure requirements. -
11.01.2012“Turning Compliance on Its Head: It’s Time to Focus On the Chronic ‘Bad Actor’ (and Not Just the Bad Act)”Articles
BNA-Bloomberg
Denver Partner T. Markus Funk and colleagues Paul O. Hirose and Elizabeth M. Banzhoff survey today’s key compliance challenges - from the recently-signed Executive Order on strengthening protections against trafficking in persons in federal contracts, the Business Transparency in Trafficking and Slavery Act, and the Securities and Exchange Commission’s rules on conflict minerals, to perennial compliance ‘‘hot topics’’ such as the Foreign Corrupt Practices Act, U.S. Travel Act, U.K. Bribery Act, and carbon copy prosecutions - point out that a small number of “risk aggregators” are responsible for the greatest risk exposure, and argue that compliance professionals, to be effective, increasingly must break out of their narrow subject-matter expertise.
Presentations
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03.09.2022Strategically Negotiating the Changing Retail Landscape—2022 and Beyond: Utilizing Technology and Contracts to Navigate Supply Chain ChallengesWebinarsThis program addressed utilizing technology and contracts to navigate supply chain challenges in the retail and real estate sectors.
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06.08.2021
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10.20.2016Social Responsibility: Labor, Anti-Corruption and Other Challenges to Going GlobalSpeaking EngagementsModerator
GetGlobal Expo / Los Angeles, CA
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08.04.2016Business and Human Rights: Effective Global Supply Chain Management Is An Important Critical Risk Mitigation Tool for BusinessesSpeaking EngagementsPanelist
ABA Annual Conference / San Francisco, CA -
06.30.2016Human Trafficking Exposed: Protecting Your Supply Chain with Data and AnalyticsSpeaking EngagementsDun & Bradstreet Webinar
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05.17.2016Using Data to Disrupt the Human Trafficking IndustrySpeaking EngagementsPanelist
Gartner Supply Chain Executive Conference / Phoenix, AZ
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12.09.2015Updating: The Changing Legal Landscape of Supply Chain Social ResponsibilitySpeaking EngagementsEthical Sourcing Forum, West Consortium / West Hollywood, CA
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11.06.2015Human Trafficking: Your Corporate Clients Have Exposure What You Need to Know About CSR and Supply Chain Compliance RequirementsSpeaking EngagementsModerator
National Asian Pacific American Bar Association (NAPABA) Convention / New Orleans, LA -
05.07.2015The Changing Legal Landscape of Supply Chain Social ResponsibilitySpeaking EngagementsIntertek Webinar
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03.26.2015 - 03.27.2015The Changing Legal Environment for CSRSpeaking Engagements
Ethical Sourcing Forum 2015 / New York City, NY