White Collar Briefly

JurorSearch CEO and Co-Founder Dan Johnson sits down with White Collar & Investigations Partner Markus Funk to discuss all things jury. They talk about how ever-evolving customized software solutions help prosecutors, civil litigators, and jury consultants better understand what makes their potential jurors tick, as well as help them ask the right voir dire questions to avoid bad selections. Dan and Markus also discuss how the solutions create real-time records of thinking and strategy to help ward off unforeseen jury issues down the road.

In this second episode of a Perkins Coie White Collar & Investigations series regarding False Claims Act (FCA) enforcement, firm attorneys Barak Cohen and Alex Canizares are joined by their guest, Pete Jensen, global chief compliance officer for Arthrex, Inc., one of the world’s largest medical device companies. In the podcast, Pete discusses the myriad challenges healthcare companies face when managing compliance risks, including related to whistleblowers. Barak, Alex, and Pete also discuss how current enforcement positions by the U.S. Department of Justice are especially troubling given the densely regulated muddle of law, sub-regulatory guidance, and policies that compliant healthcare companies must navigate.

In this first episode of a series that will explore emerging developments related to the False Claims Act (FCA), Perkins Coie attorneys Barak Cohen and Alexander Canizares are joined by guest Marc Bonora, general counsel of a consortium of companies in the healthcare services and nursing industries, to discuss practical issues and effective strategies for companies to mitigate risks related to FCA investigations and qui tam whistleblower lawsuits. As the general counsel of Fastaff LLC, US Nursing Corp., trustaff Management Inc., CardioSolution LLC, and Stella.ai Inc., and a former DOJ trial attorney with experience in private law practice, Marc shares his perspectives on how companies can reduce their risks of exposure to allegations of fraud, work effectively with outside counsel in FCA matters, communicate with internal company stakeholders, and develop strategies to respond to whistleblower complaints. Barak, Alex, and Marc also address emerging issues in FCA enforcement and the roles of in-house attorneys and outside counsel in handling complex government investigations and litigation.

Perkins Coie LLP White Collar & Investigations partners Lee S. Richards III and David B. Massey are joined by Eric F. Grossman, the Chief Legal Officer of Morgan Stanley, for an in-depth discussion of hot topics in the financial services enforcement area, including big banks’ readiness for another financial crisis; Environmental, Social, and Governance (ESG) investing; the “gamification” of trading; SPACs; corporate criminal investigations and resolutions; and the influence of politics on law enforcement. Mr. Grossman also reflects on the importance of diversity and inclusion in the legal profession.

In this episode, Perkins Coie White Collar & Investigations partners Gina LaMonica and Caryn Trombino are joined by Dr. Brenda Ingram, EdD, LCSW, of the University of Southern California, to discuss the use of trauma-informed investigation techniques during internal investigations at higher learning institutions and in corporate settings. Dr. Ingram, who serves as the director of relationship and sexual violence prevention and services at USC Student Health, shares her experience in conducting survivor-centered investigations in cases of sexual and racial trauma and other instances of power-based harm. She reflects on how corporate employers can deploy trauma-informed investigative techniques and foster a work environment that addresses power imbalances that can lead to employee trauma.

Perkins Coie LLP White Collar & Investigations partners Lee Richards and Margaret Meyers are joined by the Hon. Denny Chin of the U.S. Court of Appeals for the Second Circuit to discuss litigating in the federal district and appellate courts. Informed by his 26 years of federal experience, Judge Chin shares some best practices for attorneys appearing in the district and appellate courts, describes his experience sentencing white-collar criminal defendants under the post-Booker guidelines, and reflects on the importance of diversity in the legal profession.

Perkins Coie White Collar & Investigations Partner Caryn Trombino talks with Stephen Ravas, Counsel to Inspector General at AmeriCorps Office of Inspector General, about his experience in various roles at several federal Offices of Inspector General—including at the U.S. Department of Commerce, the U.S. Department of Homeland Security, and now AmeriCorps.

Stephen provides several insights for individuals (and their counsel) who may find themselves involved in an OIG investigation, including what to expect from agents and investigating attorneys, and how various strategies might lead to less favorable outcomes. Stephen also addresses some common misconceptions about OIG investigations and authorities and highlights recent work in the enforcement space that is expected to continue well into the future.

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. Kevin and Tony outline key ESG factors, describe how focusing on these factors can create value for companies, and also discuss the risks involved with failing to do so. Additionally, they offer insights into how the U.S. Securities and Exchange Commission’s creation of a new Climate and ESG Task Force within the Division of Enforcement may affect how companies evaluate and disclose ESG compliance.

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, shares his critical views on what he terms “FCPA Inc.,” and charts what he sees as future U.S. Department of Justice enforcement under the Biden administration.

Antitrust lawyers Jon Jacobs and Kevin Schock join host Markus Funk to discuss the fundamental legal principles applicable to no-poach and wage-fixing agreements, explore current government enforcement priorities related to these types of agreements, and evaluate examples of recent enforcement activity in the no-poach and wage-fixing space.