Publications
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04.02.20245 Takeaways From SAP's Foreign Bribery ResolutionsArticles
Law360
The U.S. Department of Justice's and the U.S. Securities and Exchange Commission's recent settlements with SAP SE to resolve alleged violations of the Foreign Corrupt Practices Act provide insights into how the DOJ and the SEC are enforcing the FCPA, and how corporations can reduce their FCPA liability. -
06.02.2023US Supreme Court Clarifies Knowledge Requirement in False Claims Act Cases—Raising New Interpretive IssuesUpdatesA defendant’s knowledge of and subjective beliefs about the meaning of legal requirements—not what an objectively reasonable person may have believed—are what matters when determining whether a defendant “knowingly” submitted false claims for payment in violation of the False Claims Act, the U.S. Supreme Court ruled on June 1, 2023.
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03.20.2023DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation ProgramsUpdates
The U.S. Department of Justice unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs regarding corporate compensation incentives and clawbacks.
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02.10.2023The Number of False Claims Act Cases Reaches Record High, But DOJ’s Recoveries Drop to $2.2 Billion in Fiscal Year 2022Updates
The U.S. Department of Justice obtained more than $2.2 billion in civil False Claims Act judgments and settlements in fiscal year 2022, the lowest such annual total since 2008 and a significant drop from a jump in FCA recoveries in the prior year. But the DOJ’s announcement of its FY 2022 FYA recoveries also discloses that the DOJ is increasingly bringing FCA cases on its own, and the total number of settlements and judgments in FCA matters increased to near-record highs in FY 2022, signaling a robust enforcement climate ahead.
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08.10.2020Protecting Internal Investigation Materials From DisclosureUpdatesIn United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., No. CV 15-11890-ADB, 2020 WL 4352915 (D. Mass. July 29, 2020), yet another district court agreed with the U.S. Court of Appeals for the D.C. Circuit’s decision in In re Kellogg Brown & Root, Inc., 756 F.3d 754, 760 (D.C. Cir. 2014), holding that, although the defendants waived it here, attorney-client privilege applies to internal investigations.
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07.09.2020Remote Depositions and Other Remote Testimony: Representing Clients in the New NormalUpdatesThis update provides some recent lessons learned with remote depositions that apply to both those who take and defend remote depositions.
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01.27.2017Washington High Court Curtails Businesses' Privilege Protection for Communications with Former EmployeesArticlesThe Washington State Supreme Court ruled that the attorney-client privilege does not extend to a former employee's post-employment communications with the employer's counsel in Newman v. Highland School District No. 203, 381 P.3d1188 (Wash. 2016). Read the full letter.
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01.27.2017Washington High Court Curtails Businesses’ Privilege Protection for Communications with Former EmployeesArticlesIn Newman v. Highland School District No. 203, 381 P.3d 1188 (Wash. 2016), the Washington State Supreme Court addressed an issue of first impression concerning whether the attorney-client privilege protects from disclosure a corporate counsel’s communications with former employees.
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06.17.2016SCOTUS Decision on Implied Certification Theory of Liability Under FCA Leaves Many Questions UnansweredUpdatesThe U.S. Supreme Court handed down an important decision on June 16, 2016 that expands the scope of liability under the False Claims Act, 31 U.S.C. §§ 3729-3733.
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04.21.2016Supreme Court Poised to Resolve Circuit Split on False Claims Act Liability Under Theory of Implied CertificationUpdatesThe U.S. Supreme Court is poised to resolve a circuit split over the False Claims Act (FCA) that could have broad implications for those that do business with the federal government.
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05.28.2015Supreme Court’s Mixed Decision on False Claims Act DefensesUpdatesThe United States Supreme Court handed False Claims Act (FCA) defendants a mixed decision on May 26, 2015. In a win for defendants, the Supreme Court held that the statute of limitations for False Claims Act lawsuits was not suspended for the duration of the Iraq and Afghanistan conflicts.
Presentations
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2024The Compliance Collective Webinar SeriesWebinarsPerkins Coie WebinarsThe webinar series will be hosted by a team of cross-disciplinary Perkins Coie lawyers providing a monthly overview and discussion forum on a critical hot topic in ethics and compliance.
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07.18.2024
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12.06.2023A "Brunch" of Ethics Considersations for In-House CounselSpeaking Engagements
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04.20.2022Preserving Your Client’s Privileges and Confidences During Internal Investigations 2022Speaking Engagements
Co-Presenter
District of Columbia Bar Association / Webinar -
12.02.2021Ethical Communications Under the Rules of Professional ConductSpeaking EngagementsWashington Chapter of the Association of Corporate Counsel
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12.02.2021Ethical Use of Data Under the Rules of Professional ConductSpeaking EngagementsPerkins Coie’s AI Week
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05.11.2021Preserving Your Client’s Privileges and Confidences During Internal Investigations 2021Speaking EngagementsDistrict of Columbia Bar Association / Webinar
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12.10.2020Ethical Obligations in the New World: How to Comply with the RPCs While Working RemotelySpeaking EngagementsWashington Chapter of the Association of Corporate Counsel
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09.15.2020Litigating in a Pandemic: How Remote Depositions Have Changed My PracticeSpeaking EngagementsPerkins Coie / Webinar
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02.27.2020Protecting Privilege: What Associates & Counsel Should Know About Preserving Attorney-Client and Work Product ProtectionsSpeaking EngagementsA practical overview of the Attorney-Client Privilege and the Work Product Doctrine, as well as common challenges to these protections. Common pitfalls facing practitioners and case examples from specific jurisdictions with unique rules regarding these protections.
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12.04.2019Legal EthicsSpeaking EngagementsWashington Chapter of the Association of Corporate Counsel
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05.26.2016Conducting Effective Internal InvestigationsSpeaking EngagementsIn-House CLE / Seattle, WA
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05.13.2015The False Claim ActSpeaking EngagementsPresentation on False Claim Act litigation
Sponsored by the Alaska Bar Association, Alaska Native Law Section