Podcasts about hughes hubbard

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR lawyers Mike DeBernardis and Sean Reilly to discuss the new HHR Task Force. In this award-winning All Things Investigations podcast episode, host Tom Fox converses with Hughes Hubbard and Reed partners Mike De Bernardis and Sean Reilly about the firm's strategic reorganization. Responding to the U.S. administration's fresh focus on cartels and foreign terrorist organizations, Hughes Hubbard has built a cross-disciplinary task force. This team combines expertise from compliance, sanctions, and dispute resolution practices to address companies' heightened risks and compliance obligations, particularly in Mexico and Latin America. The discussion also covers implications for multinational corporations, the importance of reassessing risk, how the administration's prioritization of certain enforcement actions can influence corporate strategies, and the emerging dangers surrounding tariffs and the False Claims Act. Key highlights: Hughes Hubbard's New Task Force Implications of Cartel Designations National Security and Voluntary Disclosure Cross-Functional Task Force Benefits Tariff Evasion and False Claims Act Resources: Mike DeBernardis Hughes Hubbard & Reed website Sean Reilly

El Ministerio Público sugiere suspender preventivamente el proceso de contratación con la firma internacional Hughes Hubbard.

Gaela and Nicole – along with special guest, Diego Duran de la Vega of Hughes Hubbard & Reed – interview Mexican Federal Judges Angelica Ortuño Suarez, Hilda Elizabeth Plascencia Carrasco, Marlene Angeles Tovar about the sweeping judicial reform that is planned for the Mexican judiciary over the next years. Perhaps the most striking aspect of the reform is subjecting all of Mexico's Federal Judges to election by popular vote. While there are many unknowns with respect to the exact implementation of the reform, one thing is certain: uncertainty. We dive into the uncertainty, what this means for the current judicial bench, the future of the Mexican courts, and whether this might signify a great shift away from Mexican courts and toward international arbitration. With special thanks to Andrea Rodriguez Escobedo, Director of International Programs at Georgetown University Law Center for providing translation during this episode. Please note, the positions and opinions expressed by the speakers are strictly their own, and do not necessarily represent the views of their employers, nor those of the D.C. Bar, its Board of Governors or co-sponsoring Communities and organizations. To learn more about or join the D.C. Bar International Law Community, ⁠⁠⁠CLICK HERE.⁠⁠⁠

Welcome to the Hughes Hubbard & Reed Anti-Corruption & Internal Investigations Practice Group's podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm's always popular and annual FCPA and Anti-Bribery Alert. In this third podcast of the 5-part series, host Tom Fox is joined by Dan McLaughlin on the key lessons learned in anti-corruption compliance and from FCPA enforcement in 2024. In this episode, they explore the recurring lessons learned regarding third-party agents, the importance of due diligence, and the implications of the DOJ's new policies. The conversation also highlights the significance of understanding ultimate beneficial ownership and the resurgence of gifts and entertainment as compliance risks. The discussion emphasizes the need for robust compliance programs and proactive risk management strategies. Key highlights: The Continuing Risks from Third Parties M&A Safe Harbor The Ongoing Challenges from Gifts, Travel and Entertainment Resources: Hughes Hubbard & Reed website 2024 Fall FCPA and Anti-Bribery Alert Dan McLaughlin

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm's always popular and annual FCPA and Anti-Bribery Alert. In this first podcast of the 5-part series, host Tom Fox is joined Mike DeBernardis to introduce the Alert and some of the key themes and highlights from the FCPA and anti-bribery in 2024.  In the inaugural episode celebrating the Hughes Hubbard & Reed FALL 2024 FCPA and Anti-Bribery Alert, Tom is joined by Mike DeBernardis. They delve into the significance of Hughes Hubbard & Reed being the first major firm to release their FCPA alert each year and discuss the creative introduction themed around 1999 movies, including a quote from 'The Matrix.' The alert is segmented into four comprehensive chapters covering analysis, policy developments, corporate resolutions, international focus, and updates from multilateral development banks. Key trends such as the treatment of past misconduct and encouraging whistleblowing are highlighted, along with an ongoing issue of gifts and hospitality in corporate resolutions. For more detailed insights, the audience is encouraged to access the report on the firm's website. Key Highlights ·      Overview of the FCPA and Anti-Bribery Alert ·      The Matrix Quote and Its Relevance ·      Detailed Breakdown of the 2024 Alert ·      Key Highlights and Trends ·      Focus on Gifts and Hospitality Resources: Hughes Hubbard & Reed website  2024 Fall FCPA and Anti-Bribery Alert Mike DeBernardis

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast, All Things Investigation. In this episode, Anna Hamati, a Hughes Hubbard & Reed LLP lawyer, joins host Tom Fox to discuss the historic anti-money laundering (AML) enforcement action involving TD Bank. Anna outlines her professional background in compliance and offers a deep dive into the top five takeaways from the extensive consent order related to the TD Bank case. These takeaways highlight key compliance failures, including inadequate resource allocation, insufficient testing and auditing, a weak culture of compliance, poor training programs, and failures in filing accurate and timely CTRs and SARs. The discussion provides critical insights and practical advice for compliance professionals seeking to improve their AML programs. Anna underscores the importance of allocating sufficient resources to compliance functions, conducting proper testing and auditing, fostering a strong compliance culture from the top, providing comprehensive training, and ensuring the timely and accurate filing of CTRs and SARs. She illustrates the real-world implications of these compliance failures through detailed examples and offers practical guidance for banks and financial institutions to avoid similar pitfalls. This episode is a must-listen for anyone involved in AML and regulatory compliance. Key highlights: Overview of the TD Bank Case Importance of Adequate Resources Testing and Auditing Culture of Compliance Training Programs Filing Timely and Accurate Reports Resources: Hughes Hubbard & Reed LLP Website Anna Hamati

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike explore the Barings Bank scandal The focus is on the actions of Nick Leeson, a trader who single-handedly bankrupted the historic institution. The discussion highlights the critical mistakes made by the bank, including a lack of oversight and the dangerous combination of trading and settlement roles. The podast also explores the broader implications for compliance and risk management in financial institutions, emphasizing the importance of segregation of duties and the pressures that can lead to unethical behavior. Key Highlights: The Rise and Fall of Barings Bank The Role of Oversight in Financial Institutions Lessons Learned from the Barings Bank Scandal How does the Fraud Triangle apply? Segregation of Duties-as basic a control as you can have in place Memorable Quotes (all from Mike DeBernardis) “Nick single-handedly bankrupted the oldest merchant bank.” “He was a golden boy trader making tons of money.” “Barings Bank was sold for one pound.” Resources: Mike DeBernardis on LinkedIn Hughes Hubbard & Reed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike explore the infamous Crazy Eddie scandal, one of the most audacious corporate frauds in history. The scheme, orchestrated by Eddie Antar and his family during the 1980s and 1990s, involved tax evasion, inventory inflation, and money laundering through a method known as the ‘Panama Pump.' They defrauded various stakeholders, including customers, bankers, investors, and governmental bodies, ultimately leading to Eddie's extradition from Israel and imprisonment. This episode dissects the scandal's rapid unraveling post-IPO, focusing on flawed corporate governance and oversight. By examining the pitfalls of family-controlled businesses and the lack of transparency exemplified by the Crazy Eddie and Boar's Head Listeria scandals, the hosts underscore the critical importance of checks and balances in corporate structures. Key Highlights: The Audacious Fraud of Crazy Eddie Tax Evasion and Inventory Inflation The Panama Pump Scheme The Whistleblower: Sam Antar Lessons in Corporate Governance Resources: Mike DeBernardis on LinkedIn HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company's journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart's FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment. Highlights in this Episode: The First Deferred Prosecution Agreement (DPA) The Second DPA and Lava Jato Investigation Compliance as a Competitive Advantage Detecting and Addressing Misconduct Remediation and Strengthening Compliance Financial Benefits of Compliance Comparing with Walmart FCPA Case Resources: Nicolas Tollet at Hughes Hubbard & Reed Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the full 3-book series, The Compliance Kids on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike explore a unique corporate scandal from early 2000s Hong Kong involving Hutchison Whampoa Limited. Unlike typical cases, there were no allegations of bribery, corruption, or significant financial penalties. Instead, the scandal revolved around the complex corporate governance issues and the control wielded by billionaire Li Ka-shing. The conversation delves into the importance of robust corporate governance, particularly in safeguarding the interests of minority shareholders in companies dominated by powerful individuals or families. Tom and Mike highlight the expanding role of compliance professionals in overseeing corporate governance, especially with the rise of Environmental, Social, and Governance (ESG) criteria. They discuss the importance of board independence, the need for effective internal controls, and how compliance professionals can aid in board training. With compelling examples, such as the interlock of directors in the energy sector and the Bluebell Ice Cream scandal, the episode provides a thorough insight into how corporate governance issues can impact reputations and operational integrity. Key Highlights: Corporate Governance and Compliance The Role of Boards in Risk Management Compliance Professionals and Corporate Governance Importance of Independent Board Members Internal Controls and Compliance Training Boards for Effective Governance Resources: Mike DeBernardis on LinkedIn HughesHubbardReed Tom Fox Instagram Facebook Texas Tax rate at 80% of 8.25%

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike take a deep dive into the Bre-X mining scandal of the mid-1990s. Tom and Mike explore the fraudulent gold discovery announced by the Canadian company in Indonesia, which led to a massive media frenzy, skyrocketing stock prices, and eventually, a colossal financial collapse. The discussion includes the scandal's sensational aspects, lack of individual prosecutions, and the regulatory responses that followed. Fox and DeBernardis also examine the greed and desperation driving the fraud and draw vital compliance lessons for today's professionals. Key Highlights: Overview of the Bre-X Mining Scandal The Sensational Details of the Fraud The Aftermath and Lack of Prosecution Regulatory and Legal Responses Compliance Lessons for Today Resources: Mike DeBernardis on LinkedIn HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike take a deep dive into the Savings and Loan (S&L) crisis of the 1980s. This scandal, which cost the U.S. between $150 and $200 billion, serves as a powerful case study on the consequences of deregulation. Factors like legislative changes, poor management, fraud, and economic pressures all contributed to the collapse of over a thousand S&Ls. Notable cases, such as the Lincoln Savings and Loan scandal involving Charles Keating, highlight the systemic issues that plagued the industry. The episode emphasizes the importance of regulatory oversight, ethical leadership, and strong internal controls to prevent future financial crises. Key Highlights: Overview of the SNL Crisis Factors Leading to the Crisis Major Scandals and Key Players Lessons Learned and Regulatory Changes Comparisons to Other Financial Crises Resources: Mike DeBernardis on Linkedin HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike take a deep dive into one of the seminal scandals of the 20thcentury, the Teapot Dome scandal. The infamous Teapot Dome scandal occurred during Warren Harding administration. Tom and Mike take a deep dive into a historical overview of the event, detailing steps taken by key figures like Albert Fall, who leased federal oil reserves to his associates without competitive bidding, resulting in massive corruption and eventual convictions. The discussion highlights the scandal's significant impact on U.S. governance, including the first conviction of a former cabinet member, and underscores enduring compliance lessons relevant to modern-day corruption cases. Key Highlights: Historical Context of the Teapot Dome Scandal The Scandal Unfolds: Key Players and Actions Investigations and Revelations Legal Consequences and Fallout Lessons and Reflections Resources: Mike DeBernardis on Linkedin HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

Miyako Ikuta is a partner at Kitahama Partners in Tokyo registered to practice in France, New York, and Japan. Miyako shares her journey across multiple countries and legal systems and discusses her diverse roles, including serving as an auditor and outside director.  and shares valuable tips for preparing for board roles. Additionally, she delves into her passion for privacy and data law, her experiences with the EU Court of Justice, and her advocacy for human rights. Miyako is truely making a big impact on the legal landscape in Japan, listen to hear the full story. If you enjoyed this episode and it inspired you in some way, we'd love to hear about it and know your biggest takeaway. Head over to Apple Podcasts to leave a review and we'd love it if you would leave us a message here! In this episode you'll hear: How an early frustration with a lack of privacy from her family set Miyako on the path to become a lawyer How a one year exchange in France led to Miyako becoming one of a few Japanese Advocat (Lawyer) Miyako's passion for the law and her efforts to bring about positive changes in Japan  What you need to study up on when you get shoulder tapped for a board role Her restaurant and other fun facts  About Miyako Miyako is a Partner in the Tokyo office of Kitahama Partners. As a qualified lawyer in Paris, New York, and Tokyo, her main practice areas are corporate law, IP law, and data privacy law.  She has extensive experience in court proceedings in France and Japan, so she is very able to handle litigation matters including cross-border arbitrations when requested. Most recently, she has been advising on and handling various cross-border matters in Europe, especially in regard to the EU regulations including the GDPR.  From the start of her career she has always been active in cross-border transactions between Japan and France. Miyako studied an LL.B. in Japan (at Ritsumeikan University) and furthered her study of law in France (at Ecole Supérieure de Commerce de Tours and the University of Paris II). She started her career as a French attorney at Baker & McKenzie, Paris, then moved to Mandel, Ngo, and Partners in the nineties.  She lived in France for about 10 years including 1.5 years of living in Vietnam.  Miyako then moved to the US in 1999, went to Columbia Law School where she studied for an LL.M. and then spent half a year at the EU Court of Justice (TFI) in Luxembourg.  She moved to New York and joined Hughes Hubbard and Reed LLP and then returned to practice in Japan. Outside of the firm she is an auditor of the Environmental Restoration and Conservation Agency (a Japanese public agency under the governance of the Ministry of Environment) and is a corporate auditor of PCA Corporation (also listed on the Prime Market of the Tokyo Stock Exchange).  She was previously a corporate auditor at Renaissance Inc. (listed on the Prime Market of the Tokyo Stock Exchange), Miyako is also an outside director of kaonavi, inc. (listed on the Growth Market of the Tokyo Stock Exchange). Outside of work, Miyako is active, serving on the Data Issues Committee and the Working Group regarding Attorney-Client Confidential Communication at the Japan Federation of Bar Associations (JFBA), and on the Attorney Mediation Committee at the Daini Tokyo Bar Association. In the spring of 2024, Miyako restarted doing “Kokyo runs”, jogging with her colleagues around the Imperial Palace.  She also completed a full marathon at the Tokyo Marathon in 2019. Miyako's favorite pastimes are listening to the radio, watching sumo and kabuki, and going to operas. Connect with Miyako  Website: https://www.kitahama.or.jp/english/professionals/miyako-ikuta/  Links Namamugi Fish Market: https://www.kanagawa-kankou.or.jp/spot/369  Connect with Catherine  Linked In https://www.linkedin.com/in/oconnellcatherine/ Instagram: https://www.instagram.com/lawyeronair YouTube: https://youtube.com/@lawyeronair 

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast, All Things Investigation. In this podcast, host Tom Fox welcomes back Mike DeBernardis to discuss recent corruption convictions involving individuals connected to Venezuela, as highlighted in Hughes Hubbard & Reed's ‘Month in a Minute.' We use these criminal matters as a starting point to discuss how companies can effectively manage compliance in high-risk areas by assessing risks, crafting risk management strategies, implementing specific controls, documenting processes, and training employees. We emphasize the importance of maintaining thorough documentation to meet regulatory requirements and auditing standards. Key Highlights: Month-in-a-Minute Overview Compliance in High-Risk Areas Risk Management Strategies Documenting and Presenting Compliance Resources: Hughes Hubbard & Reed website Mike DeBernardis

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike take a deep dive into the sordid history of the Bank of Credit and Commerce International (BCCI) (AKA Bank of Crooks and Criminals International). BCCI was founded in 1972 to facilitate banking for developing countries. BCCI quickly devolved into a hub for money laundering, terrorism financing, and regulatory evasion. They discuss the bank's complex web of shell companies and insider loans and how a 1991 investigation led by Senator John Kerry exposed these illicit activities. The episode also highlights the involvement of notable figures like Clark Clifford and Robert Altman in BCCI's operations and the subsequent legal battles they faced. Finally, the hosts examine the long-lasting impact of the BCCI scandal on global and U.S. banking regulations, including the establishment of stricter anti-money laundering laws and enhanced international cooperation. Key Highlights: The Rise and Fall of BCCI BCCI's Regulatory Evasion Tactics BCCI's Involvement in Terrorism and Illegal Activities The Congressional Investigation and Shutdown BCCI's U.S. Operations and Legal Troubles High-Profile Trials and Acquittals Modern Parallels  Resources: Mike DeBernardis on LInkedIn HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this episode of Season 2, Tom and Mike take a deep dive into the historical case of Tyco, a quintessential example of dot-com era excess. Tom and Mike discuss Tyco's journey from a small semiconductor company to a corporate giant under CEO Dennis Kozlowski. Kozlowski's aggressive growth strategies and extreme personal expenditures, such as a $6,000 shower curtain, became infamous. The discussion covers fraudulent activities, including unauthorized bonuses and misuse of loan programs, ultimately leading to Kozlowski and CFO Mark Swartz's convictions. The episode also examines the implications for corporate governance and the sweeping changes in third-party risk management prompted by the scandal. Key Highlights: The Rise of Tyco Dennis Kozlowski's Leadership and Excesses Uncovering the Fraud The Loan Programs and Misconduct The Trial and Conviction Compliance Lessons from Tyco Board Oversight and Final Thoughts  Resources: Mike DeBernardis on LInkedIn HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Mentioned in Podcast Taking Down the Lion by Catherine Neal How Compliance Saved Tyco by Joe Mont Texas Tax rate at 80% of 8.25%

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast All Things Investigation. In this podcast, Tom Fox is joined by Jan Dunin-Wasowicz a partner at Hughes Hubbard & Reed, who is a leading figure in trade sanctions and Jeff Nielsen, International Sanctions & Export Controls Lawyer at Rambol, for a deep dive into current issues in export control and economic sanctions. In Part 2 of a special two-part series on All Things Investigations, host Tom Fox is once again joined by Jeff Nielsen and Jan Dunin-Wasowicz to discuss trade sanctions from a global perspective. In this Part 2, Jeff and Jan provide their expertise on the EU Directive on Harmonization of Criminal Sanctions, detailing its implications and the challenges faced in its implementation across the 27 member states. They explain the mechanics of EU sanctions, enforcement disparities among member states, and the directive's focus on setting minimum standards for criminal offenses. The conversation also delves into future outlooks on the EU's stance towards the Russian invasion of Ukraine and the evolving profession of trade sanctions compliance. Key Highlights: Understanding the EU Directive on Harmonization of Criminal Sanctions Challenges and Implications of the Directive Future of Trade Sanctions and Compliance Career Advice for Aspiring Trade Sanction Experts Conclusion and Final Thoughts Resources: Hughes Hubbard & Reed website Jeff Nielsen on LinkedIn Jan Dunin-Wasowicz on LinkedIn HHR client alert on The Dawn of a New Era for EU Sanctions Enforcement? EU Adopts Directive on the Definition of Criminal Offences and Penalties for the Violation of EU Sanctions

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws. In this first episode of Season 2, Tom and Mike review the Lockheed corruption scandal which led directly to the passage of the FCPA.  The discussion covers the significant bribery and corruption charges that led to the creation of the Foreign Corrupt Practices Act (FCPA). The hosts explore the international political fallout from the scandal, its impact on various countries including Japan, Italy, and the Netherlands, and the consequences for Lockheed. The episode highlights how the case influenced the development of anti-bribery laws worldwide and the roles played by figures like Stanley Sporkin in shaping these regulations. The conversation also touches on the ongoing challenges in combating corruption in the aerospace industry and its global implications. Key Highlights ·      The Lockheed Scandal: An Overview ·      High-Level Corruption and Its Unveiling ·      International Repercussions of the Lockheed Scandal ·      The Birth of the FCPA ·      Modern Implications and Compliance Resources Mike DeBernardis on LInkedIn HughesHubbardReed Tom Fox Instagram Facebook YouTube Twitter LinkedIn Texas Tax rate at 80% of 8.25%

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast All Things Investigation. In this podcast, I joined by Jan Dunin-Wasowicz and Jeff Nielson, International Sanctions & Export Controls Lawyer at Rambol, for a deep dive into current issues in export control and economic sanctions.   Jeff Nielsen, an American lawyer with expertise in US and European Union sanctions, currently works at a prominent Danish engineering firm, having transitioned from practicing law in the US to navigating the complexities of international sanctions. Jan​​​​ Dunin‑Wasowicz, a partner at Hughes Hubbard & Reed, is a leading figure in trade sanctions, operating globally out of the Paris office. Nielsen's perspective on trade sanctions is shaped by his direct experience with US and European Union regulations, viewing the field as dynamic, challenging, and necessitating an understanding of both legal frameworks and international relations. Similarly, Dunin-Wasowicz emphasizes the industry's complexity, dynamism, and the importance of staying informed about global affairs to anticipate risks. His work underscores the increasing role of the private sector in dealing with sanctions, highlighting the need for a proactive and adaptable approach to risk assessment in this evolving field. Key Highlights ·      Private Sector Role in Evolving Trade Sanctions ·      Dynamic Compliance Strategies in Trade Regulations ·      Sanctions Enforcement Disparity: EU vs US ·      Global Landscape Risk Assessment in Trade Compliance  Resources: Hughes Hubbard & Reed website  Jeff Nielsen on LinkedIn HHR client alert on The Dawn of a New Era for EU Sanctions Enforcement? EU Adopts Directive on the Definition of Criminal Offences and Penalties for the Violation of EU Sanctions

Healthcare technologies continue to see innovation faster than ever before. But as technologies change to ideally improve healthcare for everyone, we cannot have the only minds in the space be white men. Michele Colucci is here today to talk about the shift towards more women getting involved in venture funding for healthcare technologies. This week's episode 111 of How Women Inspire Podcast is about women-led healthcare innovation and investment! In this episode of How Women Inspire Podcast, Michele Colucci is sharing the importance of collaboration in heathcare and actionable steps you can take right now to invest in women-led ventures. Michele Colucci is the CEO and Managing Partner of DigitalDx Ventures, a majority woman-owned impact fund investing in early-stage health technology companies that deliver innovative solutions using artificial intelligence (AI) to better diagnose + treat illness. Michele has authored six patents in the technology space and founded companies in the legal, technology, retail, and entertainment spaces.She has worked at law firms including Hughes Hubbard & Reed, run her own media production company, owned and operated a chain of retail stores in the political space, run a political fundraising venue, and founded a legal technology company.Some of the talking points Julie and Michele go over in this episode include:How experience working across different vertices leads to unique problem-solving abilities.The importance of collaboration in the development of healthcare technologies.Three uses for AI in healthcare.Why it is important for women to participate in venture investing.Thank you for listening! If you enjoyed this episode, take a screenshot of the episode to post in your stories and tag me!  And don't forget to follow, rate, and review the podcast and tell me your key takeaways!Learn more about How Women Inspire at https://www.howwomenlead.com/podcast CONNECT WITH MICHELE COLUCCI:LinkedInEmail MicheleDigitalDx VenturesCONNECT WITH JULIE CASTRO ABRAMS:LinkedIn - JulieHow Women LeadHow Women InvestHow Women GiveInstagram - HWLLinkedIn - HWLFacebook - HWL

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast, All Things Investigation. In this podcast, Hughes Hubbard & Reed LLP partner Mike Huneke and I speak with Mei Li Zhen, Head of Ethics & Compliance, Commercial Operations & Subsidiaries, Airbus, about her role in the organization's compliance department. Mei Li Zhen and Michael Huneke are two accomplished professionals with extensive backgrounds in compliance programs and company culture, having both transitioned from external counsel to in-house counsel roles at Airbus. With her experience working with diverse international backgrounds, Zhen believes that a strong, company-wide, embraced compliance program is not just about avoiding fines but is a competitive advantage that attracts young talent and gains the trust of investors and governments. She sees integrity as beneficial for the bottom line and emphasizes the importance of everyone in the organization feeling responsible for behaving with integrity. Huneke, a US-qualified lawyer working in France, shares a similar perspective. He sees a strong compliance program as a self-reinforcing cycle that attracts the right talent and enhances the business's reputation and reliability. Like Zhen, Huneke believes that compliance should permeate the entire company culture, with every employee feeling accountable for maintaining integrity in their daily activities. Key Highlights: Airbus' Global Commitment to Compliance and Trust Ethics Ambassadors Shaping Airbus Compliance Culture Enhancing Team Trust through Transparent Communication Establishing Trust Through Empathetic Communication Practices Ethical Compliance Leadership in the Aerospace Industry Resources: Hughes Hubbard & Reed LLP Website Mei Li Zhen on LinkedIn

Today's episode of All Things Investigations is a deep dive into the 2023 FCPA Alert with Tom Fox, Laura Perkins, and Kevin Abikoff from Hughes Hubbard and Reed. They unravel the complexities of the latest updates in anti-corruption laws, focusing on the impact these changes have on companies in the U.S. and abroad. They share a detailed analysis of the current anti-corruption enforcement landscape practical advice for navigating these legal waters, and how we can draw inspiration from a rock and roll great. Laura Perkins and Kevin Abikoff, from Hughes Hubbard's Anti-Corruption and Internal Investigations Practice Group, join Tom Fox in this episode. Laura Perkins is the former Assistant Chief for FCPA enforcement at the DOJ, and Kevin Abikoff is a prominent attorney specializing in compliance, anti-corruption law, and internal investigations. Their combined insights provide a unique perspective on the challenges and strategies in compliance and anti-corruption, crucial for businesses operating globally. In this episode, you'll hear Tom, Laura, and Kevin discuss: Why the FCPA Alerts from Hughes, Hubbard, and Reed always start with a quote from a popular artist – this year's from Jimmy Buffet: “Go fast enough to get there but slow enough to see.” The guidance that was originally issued in 2021 has evolved as the Department of Justice gains experience with the policies and how they want companies to follow them.  Empowering compliance officers who are on the front lines of protecting companies and shareholders, and how doing so is ultimately good for business. What it can mean for companies to self-report to the DOJ and whether or not all of the implications have been considered. For years, the DOJ has been talking about compliance incentives, repercussions, and compensation, and this year, they have taken it a step further by allowing companies to benefit via reductions in fines based on their efforts to bring repercussions to individuals involved in misconduct. Company boards are obliged to exercise business judgment, which includes taking into account financial repercussions or pursuing bad actors. The new guidance may open the floodgates for private plaintiffs to sue boards that do not. Lessons learned from specific enforcement actions from DPA's, NPA's, and Declinations, specifically the Ericsson and ABB resolution.  The scope of anti-bribery and anti-corruption enforcement outside of the US, looking at France, Brazil, and China. A growing number of countries are entering the sphere of FCPA enforcement actions in the US and elsewhere. Resources Hughes Hubbard & Reed website  Laura Perkins on LinkedIn  Kevin Abikoff on LinkedIn Tom Fox Instagram Facebook YouTube Twitter LinkedIn

This episode of All Things Investigations explores the recent EU Corporate Sustainability Due Diligence Directive that could transform compliance programs and corporate governance globally. Tom Fox and Nicolas Tollet analyze the Directive's provisions mandating human rights and environmental risk management across company value chains. Nicolas explains how the law builds on France's pioneering 2017 Duty of Care legislation and its impact on corporate accountability for both EU and non-EU multinationals. Nicolas Tollet is a Partner at Hughes Hubbard. He previously served as Vice President for Compliance at Technip, an oil and gas service firm. With over 20 years of experience in compliance and internal investigations, he has worked on significant cases like Alcatel, TSKJ, and Lava Jato. Nicolas has expertise in monitorships, having been involved in the first one imposed on a French company by the DOJ and the SEC. He helps companies worldwide with compliance programs, audits, and M&A due diligence.  You'll hear Tom and Nicolas discuss: The new EU Directive on Corporate Sustainability Due Diligence will require companies above certain revenue thresholds to implement human rights and environmental compliance programs, not just for their operations but across their entire value chain. France has been at the forefront of such legislation with its 2017 Duty of Care law. The EU directive builds on this, with more expansive requirements and penalties of up to 5% of worldwide turnover for non-compliance. The directive explicitly links human rights risks to corruption risks, recognizing their interconnection. It has the potential to drive even broader risk coverage than typical anti-bribery programs. By mandating due diligence across the value chain, the directive will necessitate contract terms like audit rights as standard procedure. Financial institutions may also need to evaluate the human rights impacts of clients they fund. The directive allows each EU country to determine how to specifically transpose and enforce the law's obligations. This could lead to a complex web of overlapping inspection regimes applied to multinationals. Even companies not based in the EU will fall under the law if they meet certain revenue thresholds in Europe. Non-EU companies should tap French expertise since France is about 6 years ahead in implementing similar mandates. Required public sustainability reporting adds another layer reinforcing the need for concrete compliance actions.  While the US led historically on anti-corruption compliance, the EU is now at the vanguard of expanding into human rights, environment, and sustainability. France in particular has established itself as a leader in advancing corporate compliance expectations. KEY QUOTES: “There is a direct link within the directive between human rights compliance and anti-corruption compliance, which the compliance community in the world has been seeing for years now.” - Nicolas Tollet “So we shouldn't expect one member state to be reluctant to enforce the legislation. The EU will make sure that every member state issue and then enforce the legislation in each country.” - Nicolas Tollet “Fortunately, we are still linked in how we work in the business field, and we have to take both into account. So there is a certain pride indeed, because there is real expertise in France now on compliance, but it's mixed between the French and the American compliance community, I would say. So it's working together that we've managed to improve compliance.” - Nicolas Tollet Resources: Hughes Hubbard & Reed website  Nicolas Tollet on LinkedIn EU Directive on Corporate Sustainability Due Diligence: Navigating the New Landscape of Corporate Accountability

How can companies effectively remediate after uncovering misconduct? In this episode of All Things Investigations, Tom Fox discusses with Mike DeBernardis the lessons learned from the recent Albemarle FCPA enforcement action and settlement. They analyze the company's self-disclosure timeline, the credit received for holdbacks, and the overall cooperation and remediation efforts that led to a favorable NPA. Mike DeBernardis is a partner in Hughes Hubbard's Washington office and a member of the firm's Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. He assists clients with internal investigations relating to high-stakes matters, including corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy.  You'll hear Tom and Mike discuss: The DOJ deemed Albemarle's self-disclosure untimely, even though it was voluntary and unknown to the government. The 16-month delay from learning of allegations to disclosing crossed the line per updated standards. Companies should carefully evaluate timing when self-disclosing misconduct if they want to maximize credit. Even voluntary disclosures can be considered untimely under an evolving reasonableness standard. Albemarle discovered allegations in Vietnam in 2016, confirmed misconduct in early 2017, and then disclosed in January 2018 when FCPA Corporate Enforcement Policy permanence was still uncertain.  $780,000 in total bonuses were held back from employees directly involved, those with supervisory responsibility, and other relevant staff. Albemarle received a full 1:1 penalty offset. Contractual ability to withhold bonus payments is easier to execute than clawbacks of compensation already disbursed, especially across regions. Settlement dynamics were shifting during Albemarle's decision timeline, but current standards still applied for judging timeliness. Pandemic delays also won't change future judgments.   The egregiousness and duration of Albemarle's schemes across multiple countries involving high-level executives would typically warrant a DPA or plea deal. Their cooperation and remediation directly led to the NPA result. Albemarle thoroughly investigated, cooperated, remediated, and self-disclosed even though the misconduct was not yet government-known. This approach clearly benefited them.   Implementing data analytics was called out in the settlement documents specifically. Even basic initial steps were still recognized and rewarded by the DOJ. Resources Hughes Hubbard & Reed website  Mike DeBernardis on LinkedIn

How can companies adequately prepare for the DOJ's aggressive new deadlines for M&A disclosures? In this episode of All Things Investigations, Tom Fox discusses the implications of the DOJ's new M&A Safe Harbor policy with Mike Huneke. They explore best practices for meeting the 6-month and 1-year deadlines, how to approach pre-acquisition due diligence, and whether this policy will lead to more or fewer disclosures. Mike Huneke is a partner in Hughes Hubbard & Reed's Washington office. He advises clients on the navigation and resolution of multi-jurisdictional criminal or Multilateral Development Bank (MDB) anti-corruption investigations. He also assists companies subject to post-resolution monitorships or other commitments and designs and executes risk-based strategies for due diligence on third parties. You'll hear Tom and Mike discuss: The 6-month post-closing deadline to disclose is extremely quick for large, complex companies. Compliance teams need to get involved very early in the M&A process to spot potential issues adequately. Sellers must also prepare for more scrutiny from buyers under this policy. They should proactively assess compliance programs in their portfolio companies, anticipate buyer due diligence questions, and address any issues to maximize sale value. The policy's criminal liability focus means boards and senior execs must now approve disclosures. This may lead to more hesitation in disclosing, as companies lose the ability to "test run" disclosures.  Companies must apply an "anti-corruption mindset" to issues like sanctions and export controls now that those areas have potential criminal penalties. Cross-train compliance and trade professionals to instill this mindset. Pre-acquisition due diligence should identify the root causes of any issues so companies can prioritize remediation post-close. Have a detailed, documented integration plan ready. Managing investigations and remediation simultaneously with tight deadlines will be challenging. A strong tone from the top will be crucial for integration. It is unclear if other agencies like the SEC will follow the DOJ's approach. Disclosers may hesitate if issues span multiple regulators. Overall, the policy adds certainty around timelines, though meeting them will be difficult. It forces compliance to have a seat at the M&A table. KEY QUOTES “And so the more that things are criminal and the larger the penalties, the more you're going to have boards get involved, the more you're going to need very senior management to be involved. And that may result in just more hesitation to make a voluntary disclosure…” - Mike Huneke. “So sellers should be looking at this and anticipating that there will be more questions from buyers and more questions from buyers' counsel.” - Mike Huneke. “So identifying the root cause is absolutely the key and then realistically you're not going to be able to integrate an entire company into your compliance program in one year. Make sure you have a plan that's well documented and based on the due diligence for prioritizing what's coming in first.” - Mike Huneke. Resources Hughes Hubbard & Reed website  Mike Huneke on LinkedIn

In this episode of All Things Investigations, host Tom Fox and Kevin Carroll discuss the alarming revelation that former President Trump allegedly shared sensitive information about nuclear submarines with an Australian civilian, as well as a peculiar court hearing involving a limited gag order on Trump. They explore the gravity of the information shared, its implications on national security, and the potential legal repercussions.  Kevin is a partner in the Washington, D.C., and New York offices of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practice groups. He also helps counsel businesses on CFIUS/FIRRMA, cyber security and data privacy, EAR/ITAR, FARA, FCPA, FISA, FMS, NISPOM, and OFAC compliance. You'll hear Tom and Kevin discuss: President Trump allegedly discussed secrets about nuclear submarines with an Australian civilian, Anthony Pratt. Kevin emphasizes the seriousness of this revelation, highlighting the crucial role submarines play in national security, including preserving Taiwan's independence and intelligence collection. Strategic missile submarines (boomers) are the ultimate nuclear guarantee, capable of retaliatory strikes against adversaries, and their secrecy is paramount. Kevin is surprised that additional charges were not laid against Trump for willfully communicating classified information to an uncleared foreign national. The disclosure of classified information poses a risk to national security, as adversaries may adapt their tactics and enhance technology based on shared information.  There is no remedy once sensitive information is released; the damage caused may be irreversible. The intelligence relationship between the United States and Australia is one of the closest, with both countries part of the Five Eyes alliance. A limited gag order was imposed on President Trump after an unusual hearing related to a motion brought by Special Counsel Jack Smith. Kevin criticizes the defense lawyers' aggressive approach and disrespectful behavior toward the federal judge during the hearing. The judge's decision to impose a limited gag order is a necessary step to prevent potential harm to individuals targeted by Trump's remarks. The broader societal implications of such unchecked criticisms from a public figure like Trump, with a significant following, are emphasized. Judges may consider escalating fines as a deterrent to gain Trump's attention and prevent further damage and incitement of violence. Trump's potential strategy may be to use incarceration as a political narrative, portraying himself as a victim. Kevin believes fines would be a more effective deterrent and expresses hope that financial penalties would capture Trump's attention. Repeated violations of the gag order is a strategy Trump may use to attempt to poison the jury pool. Such efforts might have more impact in Florida and Georgia. Venue selection in high-profile cases is crucial to ensure a fair trial. Lawyers have the responsibility to weed out jurors with preconceived notions, regardless of the case's profile. However, in some cases, it's impossible to find a jury unaffected by public awareness. Resources Hughes Hubbard & Reed website Kevin Carroll on LinkedIn

In this episode of All Things Investigation, Tom Fox and guest Kevin Abikoff discuss the Department of Justice's introduction of a CCO certification in the wake of FCPA violations. Kevin offers his unique perspective on this issue; their conversation also explores broader issues of corporate governance and the role of the Board of Directors. Kevin Abikoff is a Partner and Deputy Chair at Hughes Hubbard & Reed. He is a recognized authority in corporate governance and compliance.  You'll hear Tom and Kevin discuss: Kevin questions the necessity of the CCO certification, suggesting it addresses a problem that doesn't exist, given the absence of complaints from the Department of Justice about dishonesty during monitorships. A more practical approach, Kevin posits, is a certification 12 to 24 months after a monitorship ends to empower CCOs during periods of vulnerability truly. Measuring compliance effectiveness is subjective and may be void of vagueness in a legal context. In the broader realm of corporate governance, the board has a pivotal role in overseeing compliance. Parallels to the Caremark duty and Delaware law are drawn. Kevin raises concerns about the burden on CCOs to assess program effectiveness retrospectively, especially considering the dynamic nature of compliance programs over time. Boards should take responsibility for compliance certifications and should sign off on these certifications, mirroring similar practices in financial reporting. Innovation within compliance may be stymied if CCOs fear that enhancing a program might be used against them in the future, Kevin points out. KEY QUOTES: “I've just never heard, especially from the context of Chief Compliance Officer, that the DOJ feels like they're being lied to. If that's not the problem they're trying to solve, I think the solution they have paved is, again, a solution in search of a problem that doesn't exist…” – Kevin Abikoff “If you're going to have a certification and you want to empower the chief compliance officer, have the certification twelve months, 24 months after the conclusion of the monitorship and have the CCO certify that they continue to believe that the policies, procedures, things that have been put in place, continue to be in place.” – Kevin Abikoff “Now what you fail to investigate can kill you.” – Kevin Abikoff Resources: Hughes Hubbard & Reed website  Kevin Abikoff on LinkedIn

In this episode of All Things Investigations, host Tom Fox delves deep into the significant enforcement action by the SEC against 3M in China with guest Mike DeBernardis. The action revolves around the provision of covert trips to Chinese government officials by 3M to secure business deals. These concealed itineraries raised eyebrows due to tell-tale signs like simultaneous scheduling of tourist activities with educational events and an absence of proper translation services. Mike DeBernardis is a partner in Hughes Hubbard's Washington office and a member of the firm's Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. He assists clients with internal investigations relating to high-stakes matters including corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy.  You'll hear Tom and Mike discuss: The SEC has recently released two pertinent documents, one of which revolves around the covert operations of 3M China. 3M China had set up a clandestine system to mask their dealings, notably by offering Chinese officials fabricated travel itineraries. These itineraries emphasized tourist activities over the actual educational events. Platforms like WeChat, categorized as ephemeral messaging, are prevalent in China's business landscape. However, their misuse can project a deficiency in compliance culture. While these platforms are efficient, they can blur the lines of official and casual communication. Compliance professionals are at the frontline of ensuring business legitimacy. They should actively verify the genuineness of business-related activities. Tools such as sign-up sheets and photographs can be instrumental in documenting attendance. The penalty levied on 3M was considerable. The rigorousness of the action was evident as detailed spreadsheets calculated the return on investment of bribes. 3M's own employees in China assisted in this calculation, simplifying the process for regulators.  An interesting aspect discussed was the opinion release regarding travel costs for foreign officials visiting adopted children's families. It brings to light the nuances of these expenses and how they can be misconstrued. Companies need to ensure they don't pay for personal expenses in these situations. The opinion release procedure stands as a beacon for companies seeking clarity, offering companies an avenue to gain insights from the DOJ. Such procedures guide businesses when treading on uncertain compliance grounds.  KEY QUOTES “I think looking at this from one lens, you could say, here are the things that maybe the compliance professionals could have done to really look at this more diligently with a closer lens.” - Mike DeBernardis “We often advise clients, when they're approving donations and sponsorships from a compliance perspective, [to get] some sort of documentation to prove that the donation [they] have approved was actually given in the manner [they] thought it was going to be.” - Mike DeBernardis “I think trade companies in particular should be looking at ephemeral messaging policies, what they have in place, and how to manage this issue. This issue is extremely difficult because in certain parts of the world, ephemeral messaging, however you want to define that, is used as the main way to do business, right? So there is a business justification, a legitimate business justification for using it.” - Mike DeBernardis Resources Hughes Hubbard & Reed website  Mike DeBernardis on LinkedIn

In this episode of All Things Investigations, Tom Fox and Laura Perkins delve into the workings of the FCPA unit within the fraud section of the Department of Justice. This unit, pivotal in investigating and prosecuting Foreign Corrupt Practices Act violations, operates within a robust hierarchy and collaborates extensively with other agencies. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white collar criminal investigations. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes.  You'll hear Tom and Laura discuss: There was a recent transition in leadership within the DOJ's FCPA unit, with an acting head taking the reins. Such changes can potentially shift the direction or focus of the unit. The FCPA unit maintains a collaborative approach, liaising closely with other agencies such as the IRS, FBI, and the Department of State, ensuring a holistic investigative process. Despite being two distinct units, the DOJ's FCPA and the SEC's FCPA work closely during parallel investigations. However, certain limitations arise from grand jury issues, preventing complete sharing. Operating within the fraud section, this unit plays an instrumental role in evaluating corporate compliance programs, selecting compliance monitors, and contributing to policy developments and department-wide initiatives. The Corporate Enforcement, Compliance, and Policy Unit has the task of handling FOIA requests, underscoring its role in promoting transparency and information access. The relationship between the chief of the FCPA unit and the head of the fraud section is important as their interactions can potentially influence the direction and outcome of cases. The fraud section provides weekly case summaries to the Deputy Assistant Attorney General's office. This demonstrates the department's diligent and ongoing monitoring and reporting system. The FCPA unit doesn't operate in isolation; it partakes in international collaborations on bribery issues, highlighting its commitment to global anti-corruption efforts. KEY QUOTES “[In] the FCPA unit, prosecutors and supervisors handle investigations and cases involving Foreign Corrupt Practices Act or potential Foreign Corrupt Practices Act violations.” - Laura Perkins “[The DOJ and SEC have] a very close relationship, and often cases are worked in parallel, not necessarily jointly, because there are potential discovery issues that can be created if it's a joint investigation.” - Laura Perkins “The [Corporate Enforcement, Compliance and Policy Unit] has a major role in assisting prosecutors in evaluating corporate compliance programs as well as overseeing any compliance monitors that are put in place.” - Laura Perkins Resources Hughes Hubbard & Reed website  Laura Perkins on LinkedIn

In this episode of All Things Investigations, host Tom Fox discusses the legal intricacies surrounding the Donald Trump indictments with legal experts Kenyen Brown and Kevin Carroll. Tearing apart the indictment against the former President, the conversation illuminates the reality of a country grappling with the unprecedented indictment of its former Commander-in-Chief. They dive deep into the evidence, the potential repercussions, and the broader implications for the legal profession and democracy itself. Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a partner in the Washington, D.C. and New York offices of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practice groups. Former U.S. Attorney Kenyen Brown is a partner in the Washington, D.C. office of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practices. You'll hear Tom, Kenyen and Kevin discuss: The indictment against Donald Trump centers around "prolific lies" used to defraud the United States citizens and election officials, aiming to overturn the 2020 election results. This has legal implications far beyond insurrection. The evidence collected against Trump is expansive, including public statements, internal campaign emails, attorney-client privilege documents, voicemails, and audio recordings. There's potential for more evidence that can prove the charges brought against Trump, as the indictment itself was written in plain English, suggesting transparency and inclusivity for all concerned citizens. The indictments were carefully formulated to avoid charges of sedition or insurrection, focusing instead on a set of charges that come with very serious sentences. Some of the unindicted conspirators may potentially flip on Trump and provide crucial testimony against the former president. However, the roles of distinguished members of the legal profession in the alleged coup d'etat raise concerns about ethics training and professional discipline at the bar. The likely trial date for this case is expected to be around six to ten months in the future, depending on the course of pretrial motion practice and the scope of the issues being relitigated. The upcoming trial could potentially be the most important in American history, hence all counsel should be given adequate time to prepare. Kevin explains that the oath to the Constitution, not to the Commander-in-Chief, holds deep importance for him and his peers. This oath suggests that the co-equal branches of the government, including the federal judiciary and Congress, deserve equal loyalty. The troubling presence of veterans and a small number of active-duty personnel at the January 6 riot, was deeply disappointing to Kevin.  Kenyen says, as a prosecutor, it is a great honor to represent the United States of America. He emphasizes the weight of the responsibility and the seriousness with which he took his duties of candor and good stewardship of information. The fact that the National Guard was not deployed to aid the Capitol police during the riot, given that only the president can order their deployment in the District of Columbia, suggests that this decision was part of an attempt to pressure Congress and Vice President Mike Pence. President Trump may find it difficult to convince the public of the legitimacy of his actions. Resources Hughes Hubbard & Reed website Kevin Carroll on LinkedIn Kenyen Brown on LinkedIn

Tom Fox and guests Kenyen Brown and Kevin Carroll take a deep dive into the legal drama surrounding President Trump. On this week's episode of All Things Investigations their seasoned attorneys walk us through three major legal events that unfolded in a momentous week. They uncover the delicate balance of political and legal intrigue, explain court strategies, and reveal the ins and outs of the judicial process. Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. You'll hear Tom, Kenyen and Kevin discuss: The surprising lack of preparation on President Trump's defense team's part. They were surprised by the lack of a structured legal argument and the pleading for a trial after the election. Is there any merit to the defense's claim that the amount of information to be reviewed necessitates a delay? Kenyen and Kevin agree that the defense might be asking for too long of a delay; however, they do not rule out a timeline extension due to the volume of documents involved. Trump's defense does not have a large legal team to sift through the discovery material. They examine the defense strategy, in particular the call for the trial not to be held before the election. Such a privilege is not usually granted to typical defendants. Kevin voices his concerns over the defense's public statements, questioning the judge's hesitance in issuing gag orders. Kenyen speculates that the choice of the federal district for this case could be strategic on the part of the Justice Department, aiming for a more credible verdict. They discuss Trump's announcement about receiving a target letter from Jack Smith, and its implications. They believe that it indicates that the Special Counsel believes there is already probable cause to indict Trump. Tom wonders if Smith's motivation was to pre-empt any indictment that might have been made by the state of Georgia. Kevin speculates that the Justice Department might have been embarrassed by the January 6 Committee progressing far ahead of their investigation. He posits that it would be even more mortifying if a smaller District Attorney's office managed to build a significant conspiracy and racketeering case against the President while the DOJ was lagging behind. Kenyen emphasizes that justice should be their main focus and he would hope that the pace of Smith's actions is determined by the facts and evidence he has, rather than being influenced by a state prosecutor's progress. Would the District of Columbia be an appropriate venue for a case involving the January 6 insurrection? Kevin believes so since most of the activity relating to January 6, including the preparation and the event itself, happened in DC. Tom asks Kenyen and Kevin for their views on this matter of the recent announcement from the Attorney General of Michigan, who charged a series of persons claiming to be electors from Michigan but who were in fact fraudulent.  KEY QUOTES "I would hope that federal authorities are not motivated by what might be taking place in a parallel state jurisdiction. In other words, your master in these circumstances is supposed to be justice…" - Kenyen Brown "The only thing worse than getting a target letter from the Justice Department is when everybody else who was involved in the crime, except you, didn't get a target letter, they suggest that everybody's cooperating against you." - Kevin Carroll Resources Hughes Hubbard & Reed website Kein Carroll on LinkedIn Kenyen Brown on LinkedIn

Mike Huneke and Jan Dunin-Wasowicz join Tom Fox on this episode of All Things Investigation, to shed light on key ideas and challenges faced by companies and compliance professionals in the evolving landscape of trade sanctions and anti corruption compliance. They explore the shift from traditional know your customer (KYC) practices to a more comprehensive anti-corruption mindset, the impact of sanctions on various sectors in Europe as well as the convergence of anti-evasion practices. Focusing on the recent emphasis on trade sanctions and their impact on global business, Mike and Jan offer valuable insights and practical guidance for companies navigating these complex regulatory landscapes. Mike Huneke and Jan Dunin-Wasowicz are partners at Hughes Hubbard and Reed. They are both anti-corruption lawyers with a passion for bridging the gap between ABC and trade sanctions compliance. Mike and Jan provide valuable expertise to companies seeking to align their risk management strategies with the evolving regulatory landscape. You'll hear Tom, Mike and Jan discuss: The impact of the Russian invasion of Ukraine and the subsequent trade sanctions imposed by the US and Europe. Companies need to move beyond traditional KYC analysis and adopt an anti-corruption mindset when dealing with trade sanctions compliance. Mike emphasizes that this shift requires companies to proactively identify and address high-risk countries, red flags, and evasion techniques. The challenges posed by sophisticated evasion schemes and the importance of adopting a holistic approach that combines the expertise of anticorruption and export controls teams. A new geography of sanctions risks has emerged, with companies having to navigate potential risks not only directly linked to Russia but also arising from the global ripple effects. It's therefore important to incorporate a dynamic and flexible framework that can adapt to changing geopolitical dynamics and future risks beyond the current focus on Russia. Jan points out that with the imposition of Russia sanctions, entire segments of the European economy are affected by controls and measures. This extends beyond financial institutions and requires operators in different sectors to learn about and navigate sanctions compliance, leading to a steep learning curve. In-house compliance departments need to address trade sanctions risks, with a focus on collaboration between anti-corruption and export controls teams to identify and address the highest risks of evasion. The convergence of anti-corruption and trade sanctions compliance: The focus is on combating evasion techniques, such as the use of third parties and assessing risks to prevent bribery and sanctions violations. Compliance professionals and companies face increasing pressure and find themselves in complex situations. The goal is to develop frameworks and methods that help professionals navigate and operate in a world that is becoming more complicated by the day. KEY QUOTES: "KYC is dead, and you have to apply an anti-corruption mindset to trade sanctions compliance." - Mike Huneke "If those two teams work together, I think you can identify very defensible and well-documented ways to identify what are the highest risks of evasion and then taking that skepticism and maybe paranoia that we develop in the anticorruption space and applying it to those select transactions." - Mike Huneke "Two-thirds of the world population live in countries that haven't imposed sanctions on Russia or simply don't really care for the sanctions in Russia." - Jan Dunin-Wasowicz "The goal here, really, in this exercise is to formulate a framework, formulate a method to look at this problem, to make the life of an in-house lawyer compliance professional a little easier." - Jan Dunin-Wasowicz  Resources: Hughes Hubbard & Reed website Mike Huneke on LinkedIn Jan Dunin-Wasowicz on LinkedIn

In this award-winning All Things Investigations episode, Tom Fox hosts Benjamin Britz to unpack two high-profile wire fraud cases reshaping how fraud convictions are viewed. Their conversation explores the Cuomo administration cases – Percoco and Ciminelli – providing in-depth analysis of the unanimous Supreme Court decisions and highlighting their broader implications on applying the wire fraud statute. Ben Britz is a partner at Hughes Hubbard & Reed and an expert in the legal complexities regarding financial fraud. His analysis helps shape a clearer understanding of legal precedents, providing invaluable context to legal practitioners and interested observers. You'll hear Tom and Ben discuss: Ben recently wrote a “client alert” article, Hanging by a Thread: Unanimous Supreme Court Snips Back Two Wire Fraud Convictions. The article discusses two high-profile wire fraud cases related to the Cuomo administration in New York, the Percoco and Ciminelli cases. These cases examine the legality of influence exerted in government and the implications of bid rigging. In the Percoco case, Joseph Percoco, a senior advisor to Governor Cuomo from 2011 to 2018, was charged with honest services fraud after he was paid $35,000 to lobby an arm of the New York state government on a labor dispute related to a real estate holding. The case raises questions about the legality of such actions when the individual is technically not in government service. The Ciminelli case involves bid rigging, where Ciminelli and a third party manipulated the qualifications for a project's bidding process so that only Ciminelli's company could win. The case raises questions about the “right to control” theory and whether withholding information influencing decision-making amounts to fraud. The Supreme Court has demonstrated a trend of a strict interpretation of wire fraud statutes, often reigning in attempts to expand the application of these laws. Tom and Ben discuss two Supreme Court decisions that pushed back on the expansion of wire fraud statutes, emphasizing a focus on the statutory language. The Department of Justice's positions in the Percoco and Ciminelli cases were unusual, as they only partially defended the charges. The DOJ admitted that the right-to-control theory was misapplied in the Ciminelli case and agreed that the jury instructions in the Percoco case were based on outdated law. The Supreme Court rulings in these cases put a greater onus on prosecutors to charge cases correctly according to the specific wording of the statute. This includes ensuring the facts align with the charge and not pursuing novel interpretations of the wire fraud statute. The ramifications of these rulings may impact future cases and how prosecutors and defense attorneys approach wire fraud charges. Understanding where the legal boundary lies is crucial, especially for those engaged in political activities, lobbying, and public bidding processes. KEY QUOTES: “But I think it's also these are two weird cases in that in both of them, the DOJ takes a very odd position where it only sort of half defends its case.” – Benjamin Britz “The Court is getting fairly tired of it, and they want these statutes to be read and interpreted as they're written and charged in that way.” – Benjamin Britz “Isn't it possible that someone can be not in government but still have enough control over what the government is doing that bribing them is illegal?” – Benjamin Britz Resources: Hughes Hubbard & Reed website Benjamin Britz on LinkedIn Hanging by a Thread

The new French Investigative Guidance, jointly introduced by the AFA (Agence Française Anticorruption) and PNF (Parquet National Financier), discusses the appropriate methodology for carrying out internal investigations, specifically concerning corruption-related instances. In this episode of All Things Investigations, law experts Anne Gaustad and Bryan Sillaman join hosts Tom Fox and Mike DeBernardis to provide a detailed overview of the guide, contrasting the similarities and differences with US guidelines and the implications it holds for US companies. Anne Gaustad is an accomplished French lawyer and an authority in white-collar crime and compliance matters. With over 15 years of professional experience, Anne's practice focuses on cross-border investigations and compliance matters, notably regarding corruption, fraud, and money laundering.  Bryan Sillaman is a seasoned American lawyer based in Paris. As a partner at Hughes Hubbard & Reed, Bryan has worked extensively on matters related to the US Foreign Corrupt Practices Act (FCPA), French anti-corruption law (Sapin II), and other international anti-corruption laws.  You'll hear Tom, Mike, Anne, and Bryan discuss: The French Investigative Guidance is not covered by secret professional or French legal privilege, making its contents publicly accessible. The new guide was jointly issued by the AFA and PNF agencies to provide comprehensive guidance on conducting internal investigations. While there are similarities to US guidelines, the French guide incorporates the civil law tradition, stringent labor requirements, data privacy considerations, and whistleblower regimes. The French legal privilege holds an absolute character, and it's a criminal violation for French lawyers to breach it. The new guide underscores the importance of transparency in data collection during internal investigations. French blocking statutes and GDPR regulations may pose potential challenges to US-based companies. The French guide, while non-binding, provides practitioners with comprehensive instructions for conducting internal investigations. The guide puts a strong emphasis on understanding the nuances of French labor law. The guide also encourages informing interviewees of the voluntary nature of their participation in investigations. KEY QUOTES: “The French Investigative Guidance represents a significant shift in the internal investigations landscape." - Anne Gaustad "It's crucial for American lawyers to grasp the nuances of French labor law and privilege issues." - Bryan Sillaman "Transparency in data collection during internal investigations is key to avoiding legal repercussions." - Anne Gaustad Resources: Hughes Hubbard & Reed website Anne Gaustad on LinkedIn Bryan Sillaman on LinkedIn Guide (in original French)

Félix de Belloy, un homme d'engagement, un avocat passionné : un modèle pour la profession !Le podcast du jour est agréable à entendre et à imaginer. Félix de Belloy, est un grand avocat en pénal des affaires. Il a défendu Edouard Balladur, Premier Ministre sous le gouvernement de François Mitterrand, devant la cour de justice, il est partner dans l'un des plus grands cabinets américains et en plus de ça, c'est un homme très engagé dans la vie associative. Vous aurez de quoi vous inspirer.Il est très rapidement épris du pénal des affaires, une spécialisation qu'il a vu grandir, évoluer et changer. Sans réellement planifier sa carrière, maître de Belloy se retranche instinctivement vers ce qui l'inspire. Il se voit attribuer des dossiers de tous genres. Ce qui lui plaît fondamentalement, c'est cette diversité à laquelle il a affaire. Après avoir fondé son propre cabinet et l'avoir revendu, il occupe aujourd'hui une place plus qu'importante au sein du fameux cabinet Hughes Hubbard & Reed LLP. Et même si en apparence, ce poste pourrait impliquer une certaine « stabilité » et une certaine « routine », Félix de Belloy nous affirme qu'il ne serait pas allé dans un cabinet qui ne lui aurait pas laissé la liberté dont il avait besoin.Président de l'Ilot et fondateur de Proxité, il continue ses prises de positions à travers son métier.Encore un grand merci à Félix de Belloy pour nous avoir partagé sa passion. Chers auditeurs, nous vous souhaitons une belle écoute ! Hébergé par Acast. Visitez acast.com/privacy pour plus d'informations.

Did you know about a powerful court that handles investigations of products imported into the US? On this episode of All Things Investigations, host Tom Fox sits down with Andrew Kopsidas to discuss the International Trade Commission (ITC). Andrew walks Tom through the ins and outs of the ITC, including its broad definition of unfair trade practices, the plaintiff and defendant roles, and the power of the agency to bar products from entering the US. He also shares insights on the speed of ITC cases, the role of administrative law judges, and the importance of having good ITC counsel. Andrew Kopsidas is a litigation and strategic consulting expert with over 20 years of experience in intellectual property (IP) matters. He graduated from George Washington University Law School in 1999, after earning a degree in aerospace engineering from the University of Maryland. Kopsidas is a partner at Hughes Hubbard & Reed, where he advises clients on litigation and strategic counseling matters related to IP. You'll hear Tom and Andrew discuss these ideas: The ITC is a federal agency that investigates unfair trade practices related to international trade, with the power to bar products from entering the US. Any company that has a domestic industry in the US and is facing imports of products made in a foreign country using unfair trade practices can file a complaint with the ITC. Unfair trade practices can include patent and trademark infringement, trade secret misappropriation, false advertising, and more. ITC cases move quickly, with only 30 days to prepare for discovery and respond to requests, making it crucial for in-house counsel to act fast and get management buy-in. Administrative law judges are the fact-finders in ITC cases, and their credibility determinations can be influenced by the reputation of the lawyers involved. ITC lawyers must have knowledge of the nuances of ITC practice and be able to work with the Office of Unfair Import Investigations and persuade them that their side of the case is right. Andrew emphasizes early assessment of cases. He recommends organizing a scrub session with the outside litigation team and employees to go through the merits of the case. He points out that it's important to consider the client's objectives to find the best solution for their business. The ITC litigation process is strictly one way, with no counterclaims, and the respondent is always on the receiving end. The government attorneys at the ITC are neutral and trained to represent the public interest. They participate in discovery and give their opinion right before the trial. Going on the offensive is an essential strategy for a defendant in an ITC case. For example, a defendant can file their ITC action as a counteraction, file district court actions, or refuse to stay the district court case. Trials in the ITC can be a lot like a district court, but without a jury. The rules of evidence are not as stringent as in district court. Companies should take ITC cases seriously and avoid hiring inexperienced counsel as there is a lot of nuance to ITC practice. KEY QUOTES "I've seen a lot of good lawyers stumble in the ITC because they just weren't familiar with the nuance of practice." - Andrew Kopsidas “If a company isn't taking things seriously, the case can be lost before it's practically even begun.” - Andrew Kopsidas "The first question I like to ask clients is, What's your business objective here? We, as litigators, a lot of times want to think that what we do is the be-all and end-all. Really we're just a tool for these companies that have broader business objectives, and we need to keep that in perspective." - Andrew Kopsidas Resources: Hughes Hubbard & Reed website Andrew Kopsidas on LinkedIn ITC Spotlight You've Been Sued - Part 1 You've Been Sued - Part 2

Can Congress investigate a local prosecutor's ongoing investigation and prosecution? This is the question that has been sparked by the purported potential congressional investigation of Manhattan District Attorney Alvin Bragg. In this episode of All Things Investigations, hosted by Tom Fox, guests Kevin Carroll and Kenyen Brown share their thoughts on the unprecedented matter and discuss the potential constitutional and legal issues that may arise. Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a professor, and former Assistant Attorney General for the U.S. Department of Justice. He has also served as a senior counsel to the House Homeland Security Committee. Kenyen is a former federal prosecutor and currently serves as the President of the National Bar Association. You'll hear Tom, Kenyen and Kevin discuss: Congress has never before tried to use its subpoena power or investigative powers to interfere with an ongoing investigation and prosecution by a state or local prosecutor.  There are many potential problems with congressional subpoenas of an ongoing criminal investigation and prosecution by a state or local prosecutor. False accusations, grand jury confidentiality, and potentially ruining a meritorious criminal investigation are just a few examples. The congressional committee's request for grand jury material is unlikely to be successful and would be very unpopular due to the privacy of individuals and the sacrosanct nature of the grand jury. Members of Congress weighing in on local prosecutions could unduly destroy the separation between the different branches of government and the respective functions of the executive and judicial branches. This could also be a recipe for disaster in terms of creating political investigations that are subject to the whims of different constituencies. Prosecutors' offices regularly receive false allegations about prominent people, especially politicians, and potential investigations should remain within the confidences of that office or committee. There is potential for people to be slimed by the revelation under oath of false accusations. The Manhattan DA's office is a first-class operation, staffed by some of the brightest legal minds in the country. They have responded appropriately to the congressional committee's request by citing relevant law and their area of authority. Public theater is likely driving much of the debate around congressional oversight of the Manhattan DA's investigation. The Republicans may attempt to use this issue to score political points with their base, even though the legal basis for such oversight is questionable at best. Alvin Bragg, the Manhattan DA, is acting properly by refusing to comply with any congressional subpoenas. He should continue to resist any attempts by Congress to interfere with his ongoing investigations. There may be interesting news in the coming weeks and months regarding this issue, and it is worth keeping an eye on as it unfolds. KEY QUOTES "Congress has never before tried to use its subpoena power or investigative powers generally to get in the weeds of an ongoing investigation and now prosecution by a state or local prosecutor." - Kevin Carroll “Why should Congress decide how a local prosecutor spends his resources or what the policy is on a local level? I just think that excuse is paper thin.” - Kenyen Brown Resources: Hughes Hubbard & Reed website Kein Carroll on LinkedIn Kenyen Brown on LinkedIn

In this episode of All Things Investigations, host Tom Fox talks with Benjamin Britz, partner at Hughes Hubbard, about the recent Delaware Court of Chancery decision regarding the NRA McDonald's case. Ben explains the court system in Delaware and the background facts of the case involving sexual misconduct and harassment allegations against McDonald's CEO and his Chief People Officer, David Fairhurst. The court's decision focuses on whether Fairhurst had an oversight duty as an officer, and Ben and Tom discuss the legal rationale for the duty of oversight and the duty of information and compliance information systems.  Benjamin Britz is a partner at the law firm Hughes Hubbard and has extensive experience in internal investigations, securities litigation, and white-collar defense. He graduated from Columbia Law School in 2004 and went on to clerk for Judge Jim Carr in the Northern District of Ohio before joining Hughes Hubbard. He has remained with the firm ever since.  You'll hear Tom and Ben discuss: The Delaware Court of Chancery is a specialized forum for disputes regarding the operations and governance of Delaware corporations, and it has very knowledgeable judges who are confirmed by the Delaware State Senate. The duty of oversight applies to corporate officers and is based on the same fiduciary duties as directors. The duty of oversight includes the duty of information and compliance information systems, as well as the duty of red flag, where officers need to take action if they become aware of misconduct. The court's decision in this case was based on the duty of red flag and a finding of bad faith due to inaction on the part of Fairhurst, who ignored red flags and was allegedly engaged in misconduct himself. The court's opinion was comprehensive, possibly to ensure a basis for upholding the decision on appeal, and the duty of oversight applies to the chief compliance officer as well. The court's decision in the case discussed does not extend beyond corporate officers. The decision does, however, elevate the role of the chief compliance officer to the level of the CEO or CFO in terms of the breadth of their duties. This decision serves as a reminder that courts take the position of the compliance officer very seriously, regardless of their formal designation within the company. While the case may not be appealed, it is important because it sketches out areas where basic tenets of corporate governance law are still undeveloped. The court's breach of loyalty claim against Fairhurst for committing sexual harassment could open up a can of worms and expand the traditional duty of loyalty into areas where it hasn't been before. The duty of loyalty claim for engaging in affairs that are against the code of conduct or other policies and procedures could be a backdoor violation of honest services. KEY QUOTES "What's called a red flag duty, if you become aware of misconduct that you have to do something about it." - Ben Britz "If you are the CCO your duties are very broad, because this whole thing is basically your job. Because of that, it does very much put the compliance officer on the level with the CEO or the CFO..." - Ben Britz "The expectations from the board certainly are going to be that whoever holds that position is executing it to the absolute fullest." - Ben Britz Resources: Hughes Hubbard & Reed website Ben Britz on LinkedIn

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Today, we have a special edition of the FCPA Compliance Report. On Wednesday, February 22, 2023, Hughes Hubbard & Reed and BGR Group co-hosted a virtual panel discussion on the U.S. House of Representative's recent resolution to establish a Select Committee on Strategic Competition Between the United States and China as well as major changes in U.S.-China trade policy and its impact on U.S. and Chinese businesses with operations in both jurisdictions. The panel was moderated by Hughes Hubbard partner and head of the Sanctions, Export Controls & Anti-Money Laundering practice group, Ryan Fayhee, who is joined by fellow international trade partner and chair of Hughes Hubbard's China Practice, Roy Liu, as well as former staff director of the Senate Foreign Relations Committee, Lester Munson, co-head of the International Practice at BGR Group. This is a recording of their presentation. Key Highlights U.S. Export Control Regulations and Restrictions [00:04:51] The Effectiveness of the China Select Committee in the House of Representatives. [00:09:19] The Role of Bipartisanship in Overlapping Authorities [00:12:51] Impact of U.S. Computer Chip Industry Subsidies [00:16:37] The Presidential Authority and the US-Taiwan Relationship [00:20:19] The Potential of Retaliatory Measures in China [00:23:42] Navigating Chinese Investment in the US Amid Changing Protocols[00:28:14] The Impact of Commerce on Bilateral Relationships [00:32:13]  Impact of China on Western Companies and Semiconductor Industry [00:40:01] Exploring Business Opportunities in Changing China-US Relations [00:44:11] US-China Relations and Their Impact on Global Politics [00:48:02] The Impact of Congressional Hearings on Chinese Companies and Businesses Partnering with China [00:51:53] Reforming the NDAA Process in 2024[00:56:00] Original Source: HHR House Committee on Strategic Competition.mov from Hughes Hubbard & Reed LLP on Vimeo. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the Hughes Hubbard Anticorruption and Internal investigation Practice Group's podcast, where host Tom Fox and members of the Hughes Hubbard Anticorruption and Internal Investigation Practices Group delve into the legal issues surrounding white-collar and other investigations, both domestically and internationally. Laura Perkins and Mike Huneke join Tom on this episode to discuss the changes to the Department of Justice's Corporate Enforcement Policy. Laura Perkins is the Co-Chair of the Anti-Corruption & Internal Investigations practice group and Co-Managing Partner of the Washington, DC office at Hughes Hubbard & Reed. Prior to joining the firm, Laura worked for nearly ten years at the Criminal Division of the U.S. Department of Justice, where she served as Assistant Chief of the FCPA Unit and oversaw some of the largest individual and corporate FCPA cases in the U.S. Laura now advises corporations, boards of directors, and senior executives on high-stakes government and internal investigations, crisis management, white-collar criminal defense, and cross-border compliance counseling. She has particular expertise in FCPA/anti-corruption, healthcare fraud, financial fraud, and money laundering cases. Mike Huneke is a partner at Hughes Hubbard & Reed, specializing in Anti-Corruption & Internal Investigations. His work involves advising clients on navigating complex international anti-corruption investigations, implementing compliance risk assessments and program enhancements, and conducting due diligence on third parties. He has received several awards, including Lexology's Client Choice Award for Investigations-USA in 2022 and recognition from Global Investigations Review for his work representing Airbus in resolving bribery and corruption allegations. Key ideas you'll hear in this episode: The Department of Justice's corporate enforcement policy has been expanded to a broader range of white-collar crimes. Prosecutors can use it to evaluate possible criminal violations against a company when investigating potential criminal violations. It's also an unofficial guide for companies on how to position themselves to avoid prosecution or mitigate consequences. The new policy offers up to a 75% discount for self-reporting, which is a significant change and an additional incentive for companies to self-report. The discounts offered can stack up quickly, and the range of penalties for non-compliance can be large, so the discount can make a marked difference in the amount of criminal penalty under the sentencing guidelines. There may still be apprehension about self-reporting, as there is uncertainty about the actual penalties and the reputational harm that can result from a public criminal resolution. The definition of extraordinary cooperation is subjective and largely depends on the speed and fulsomeness of the material that is going from the company to the department. KEY QUOTES: “One of the major [changes to the Corporate Enforcement Policy is] increasing the maximum potential fine reduction that a company can get for self-reporting. It's a further effort by the Department to incentivize self-reporting.” - Laura Perkins “I think the more that the government is able to show examples of the application of this increased benefit for exceptionally cooperating recidivists and ABB is actually a great example of that.” - Mike Huneke Resources: Hughes Hubbard & Reed website Laura Perkins on LinkedIn Mike Huneke on LinkedIn

Welcome to the Hughes Hubbard Anticorruption and Internal investigation Practice Group's podcast, where host Tom Fox and members of the Hughes Hubbard Anticorruption and Internal Investigation Practices Group delve into the legal issues surrounding white-collar and other investigations, both domestically and internationally. John Wood, Investigative Counsel on the January 6 Committee, joins Tom and Mike DeBernadis on this week's show. They delve into the inner workings of the January 6 Committee. John Wood is a former Hughes Hubbard partner; he serves as Investigative Counsel on the January 6 Committee. He is well known for his work with the Bush administration, where he worked at the Justice Department, White House and Department of Homeland Security. Key ideas you'll hear in this episode: The January 6th attack on the Capitol investigation was conducted by five teams, with a bipartisan committee and one staff. Documents were crucial to the investigation and legal strategies were used to obtain them. The National Archives produced a significant number of documents, while electronic documents were quickly obtained from witnesses through subpoenas, text messages and email accounts. Some witnesses were less compliant or refused to cooperate and the House held some in criminal contempt. The Fifth Amendment was respected, but the investigation was frustrated by some who claimed it as a defense.  The public hearing was divided into topical sections and used video and live and deposition testimony to create a compelling story for the American people.  John questioned Judge Ludic, a former clerk and conservative expert witness. The hearing was more structured and scripted, but with surprises and led by members of Congress and senior investigative counsel. The report was intentionally detailed with specific citations to documents and transcripts for backup, time-consuming to write, but important to have as buttoned up as possible to prevent denial by the former President or his allies.  The hope for the legacy of the committee is to prevent something like January 6 from happening again, and to put partisanship and politics aside to work for the country.  John recommends a book, "Scavenger Hunt" by Chad Boudreaux, as a fun and informative read. KEY QUOTES: “In terms of the [January 6 Committee] investigation, while obviously there were differences of opinion on how to proceed with certain things with strategy or tactics to use, it was never based on political or party affiliation.” - John Wood  Resources Hughes Hubbard & Reed website John Wood on LinkedIn Scavenger Hunt - Chad Boudreaux

Welcome to the Hughes Hubbard Anticorruption and Internal investigation Practice Group's podcast, where host Tom Fox and members of the Hughes Hubbard Anticorruption and Internal Investigation Practices Group delve into the legal issues surrounding white-collar and other investigations, both domestically and internationally. In this episode, Tom sits down with Amina Hassan, a litigator in the Hughes Hubbard litigation department. Tune in as they discuss the FTX scandal, one of the most unbelievable stories in recent fraud history. Amina has been with the firm since graduating law school and has a wealth of experience in the crypto world, handling cross-action security litigation and helping clients navigate the uncertain regulatory and enforcement landscape in the US.  Key ideas you'll hear in this episode: FTX was the second largest crypto exchange. It was a sprawling group of over 100 entities headquartered in the Bahamas. It offered a crypto derivatives exchange for trading futures on a margin, but not available to US customers. Sam Bankman-Fried was the founder of FTX. Alameda Research was a sister company and one of FTX's biggest customers, but also borrowers. Money seemed to flow between and through all of the entities in an unusual way which led to the failure and lack of control. The collapse of FTX has brought scrutiny on the SEC's role in regulating crypto. However, the SEC's position is that they already have a regulatory structure in place and will continue to enforce it. The SEC has been the most active regulatory agency for crypto enforcement, but other agencies, such as the CFTC, FTC, and CFPB, will likely become more active in enforcing regulations in the crypto space. Sophisticated investors such as pension funds, hedge funds, and large wealth management funds invested nearly a billion dollars in FTX despite having fewer financial statements than the average individual. The FTX scandal is a wake-up call for institutional investors to improve their due diligence in the crypto space. This should include understanding the technology and asking the right questions, such as how wallets are kept and stored. The aftermath of the collapse of FTX may mean challenges for its competitors, such as Coinbase or even Bitcoin. The SEC has taken an enforcement-centric approach towards crypto and has not indicated any plans for rulemaking in 2023. There have been calls for more clarity in existing regulations for the crypto space and for possible specialized agencies like FINRA to be created for the crypto industry. KEY QUOTE: "One of the key takeaways from the FTX scandal is really the complete failure and lack of controls." ~ Amina Hassan Resources Hughes Hubbard & Reed website  Amina Hassan on LinkedIn

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Kevin Abikoff of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white collar investigations, locally and internationally. Kevin Abikoff is partner and Deputy Chair at Hughes Hubbard, and Chairman of the firm's Anti-Corruption & Internal Investigations Practice Group. He specializes in securities and white-collar criminal litigation, enforcement, regulation and counseling with an emphasis on the representation of entities in anti-corruption (including FCPA) matters. Key ideas we discuss in this podcast: The DOJ has instituted a new requirement for CCOs to certify that their programs are "reasonably designed" to detect and prevent violations of the law. The potential for liability as a CCO. How this new requirement may pressure CCOs to go beyond their usual duties in order to make the certification. Corporate governance as a remediation of the CCO certification requirement. The board of directors should be responsible for overseeing corporate compliance programs, rather than just nominally doing so. The DOJ listens to commentators and evolves in their own thinking. KEY QUOTE “Part of the narrative [for CCO certification] is that it gives CCOs a seat at the table. If you don't have a seat at the table after you've gone through a FCPA enforcement action, I think there are bigger problems.” - Kevin Abikoff Resources Hughes Hubbard & Reed website  Kevin Abikoff on LinkedIn

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and guests Laura Perkins and Kevin Abikoff of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues in white-collar investigations, locally and internationally. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes.  Kevin Abikoff is partner, deputy chair at Hughes Hubbard, and Chairman of the firm's Anti-Corruption & Internal Investigations Practice Group. He specializes in securities and white-collar criminal litigation, enforcement, regulation, and counseling, emphasizing the representation of entities in anti-corruption (including FCPA) matters. Key ideas we discuss in this podcast: The DOJ's recent discussions about requiring Chief Compliance Officer (CCO) certifications. The Monaco Memo is a guidance document from the DOJ that sets expectations for prosecutors when investigating and prosecuting companies.  How the Monaco Memo is taking a different approach to monitoring. The Monaco Memo gives companies flexibility in how they approach compliance, demonstrating they take it seriously.  The DOJ can now successfully prosecute internal controls in a criminal context. Assessing the past year in FCPA. Resources Hughes Hubbard & Reed website  FCPA & Bribery 2022 Fall Alert Laura Perkins on LinkedIn Kevin Abikoff on LinkedIn

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Tyler Grove of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Tyler Grove has worked at Hughes Hubbard for over 10 years, starting as a paralegal and then working his way up to full-time associate before taking the position of counsel. Tyler's specialties include sanctions and export controls in addition to anti-money laundering and foreign investment issues. His practice has three main areas: compliance counseling, enforcement and investigations, and corporate diligence and filings. Key areas we explore on this podcast are: The genesis of Executive Order 14083 relating to CFIUS, and what it entails. It's become a standard follow-up question when making CFIUS filings to ask about a US business' cybersecurity policies. What is excepted foreign state?  The Biden administration has conducted a holistic approach to business issues that may not have been considered national security issues in the past.  CFIUS has been a flexible tool for the Biden administration to apply foreign policy. How companies should be prepared to respond when asked to provide information or assistance in a CFIUS review. Resources Hughes Hubbard & Reed website  Tyler Grove on LinkedIn

In this episode, I visit with Mike Huneke, partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco. Some of the highlights include: Key areas we discuss on this podcast are: What is the new CCO certification policy? Why did the DOJ create the policy? How has the DOJ thinking around recidivists evolved? Reasonableness is not a factual basis. Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification. What is the role of the monitor going forward? Resources Mike Huneke on Hughes Hubbard What is the General Counsel's role in CEO and CCO compliance certifications? On the FCPA Blog Learn more about your ad choices. Visit megaphone.fm/adchoices

In this special 5 part podcast series, I am taking a deep five into the Monaco Memo and analyzing it from a variety of angles. In this episode of the FCPA Compliance Report, I am joined by Hughes Hubbard partner Laura Perkins to take a deep dive into the Monaco Memo. Some of the highlights include: 1.     Determination of Monitor Need.  2.     Roadmap to proa-active compliance.  3.     Timely self-disclosure as criteria for monitorship? 4.     Monitor selection criteria. 5.    Monitor review and oversight. Resources Laura Perkins on HughesHubbard.com Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog 1.     A Jolt for Compliance 2.     Timely Self-Disclosure 3.     Corporate Compliance Programs 4.     Monitors 5.     Polite Speech Monaco Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest, Laura Perkins of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes. Key areas we explain on this podcast are: How the Monaco Memo instructs prosecutors to evaluate the prosecution of individuals responsible for corporate crime. The Monaco Memo is guiding prosecutors to charge more foreign individuals as opposed to less. Steps a company can take to show timeliness to the DOJ. The Memo underscores the DOJ's desire for companies to self-report misconduct that they become aware of. Previously, in determining whether a monitorship was appropriate, prosecutors would look at what state your compliance program was in at the time of resolution. The importance of clear communication in understanding the DOJ's expectations. Resources Hughes Hubbard & Reed website  Laura Perkins on LinkedIn The Hughes Hubbard & Reed website has been updated with the following Anti-Corruption & Internal Investigations advisory: Cutting Through the Noise: Take‑Aways from the DOJ's Recent Announcements Regarding Corporate Criminal Enforcement On September 15, 2022, Deputy Attorney General Lisa Monaco announced a series of policy revisions to the U.S. Department of Justice's approach to criminal enforcement actions against corporations. At a high-level, these new policy revisions show the Department's desire to take an approach to criminal enforcement that targets the individuals directly responsible for corporate misconduct and encourages companies to assist in preventing misconduct by creating effective compliance programs and cultures. Companies should carefully review these policy changes and identify steps they can take to put themselves in the best position possible should they be subject to a criminal investigation in the future.  For our discussion about these developments, follow this link to our website. Practice Co-Chair Laura Perkins will cover this topic in-depth in an All Things Investigations podcast, which will be released on Monday, Sept. 26.

Host Gary J. Ross talks with Alexandra Poe, partner at Hughes Hubbard & Reed, about considerations for Environmental, Social, and Governance (ESG) funds and investors. Topics covered include a history of ESG, recent ESG-related SEC investigations into BNY Mellon and Goldman Sachs, the SEC's proposed rule on ESG disclosures for investment advisers and investment companies, and general advice for those launching or managing ESG funds.

Tom Fox welcomes Alexandra Poe, Andrew Fowler, and Bryan Sillaman of Hughes Hubbard & Reed (HHR) to part two of this series of the ESG Report. Hughes Hubbard & Reed released their newest ESG guide with practical guidance about the most common issues in establishing an ESG program. It also gives companies resources to help them comply with the evolving ESG expectations of regulators and investors. Key ESG Topics In the Resource Guide Tom asks Andrew and Alexandra to highlight the key ESG topics seen in the corporate sector that are covered in the resource guide. Alexandra says that before companies tackle any technical compliance concerns they must first understand that “[technical compliance] is a topic that involves governance strategy and mission and culture questions”. This chapter of the resource guide urges corporations to focus on the current trends.  Andrew explains that there are many evolving ESG topics in this new social and political climate, so it may be difficult to choose umbrella topics for the corporate sector. However, he explains that most topics can fall into the category of risk assessment. Stakeholders and investors always need to ensure they're investing in a safe business, so risk and mitigation planning is always a main issue.  The Regulatory Environment Tom asks Bryan how he assesses the regulatory landscape. Bryan says that the regulatory environment is constantly and rapidly evolving and it varies from region to region. The EU is more advanced than the US when it comes to regulatory efforts: they have several laws in place to limit greenwashing and identify environmentally friendly activities and sustainable economic activities. However, with the SEC rules in the final stages of being implemented, the US is on pace to become an ESG-friendly landscape.  ESG From An Investor's Perspective Tom asks Alexandra to discuss how ESG is viewed by funds and investment advisors. Alexandra explains that ESG is viewed as an expensive commodity within the US. ESG regulations are better implemented by the private sector. The private sector is more likely to urge itself and government-based companies to make better disclosures and examine their practices better. She points out that companies always follow through with the ESG regulatory efforts they implement because it boosts their public image and aligns with their mission statement.  Resources Alexandra Poe | LinkedIn  Andrew F. Fowler | LinkedIn Bryan Sillaman | LinkedIn  Hughes Hubbard & Reed | How to ESG: A Resource Guide for Establishing an ESG Program for your Company

Tom Fox welcomes Alexandra Poe, Andrew Fowler, and Bryan Sillaman of Hughes Hubbard & Reed (HHR) to the ESG Report! Hughes Hubbard & Reed released their newest ESG guide with practical guidance about the most common issues in establishing an ESG program. It also gives companies resources to help them comply with the evolving ESG expectations of regulators and investors. The ESG Resource Guide Tom asks Alexandra to explain the genesis of the ESG Resource Guide. Andrew's previous work with renewable energy projects paved the way, she responds. It firstly led to launching the ESG practice at HHR. Eventually, they recognized the need for a guide that helps companies “unpack and understand quickly the aim of bringing ESG into their company and creating a program”. The ESG Resource Guide is the result. The guide begins by defining ESG terminology and available resources to ensure that companies understand the importance of having an ESG program. The next chapter helps companies “orient themselves to the breadth of this endeavor, about all the different types of folks who likely would … contribute to the genesis of your ESG program,” Alexandra says. ESG regulations from various jurisdictions and other hot topics like diversity, equity, climate change, and inclusion are also explored.  ESG Means Different Things to Different People Bryan explains that ESG is a broad topic that means different things to different companies within different industries. You have to determine what is most relevant for your particular company, which is based on “your sector, your industry, and your geographic footprint”. This is why the team at HHR gathered data from multiple stakeholders. This process helped them to determine which ESG topics were most relevant to the various companies and organizations.  ESG and Funding Tom asks Andrew to describe some critical issues they have identified for private equity lenders and financial institutions seeking capital investments. Andrew replies that they should ensure that they aren't falling behind in their field while still acknowledging the new regulatory environment regulations. As a company you have to ensure that your investors feel like they're not investing in a lost cause – that there is evidence and data to show why they should invest in your ESG program.  Resources Alexandra Poe | LinkedIn  Andrew F. Fowler | LinkedIn Bryan Sillaman | LinkedIn  Hughes Hubbard & Reed | How to ESG: A Resource Guide for Establishing an ESG Program for your Company 

Christine Kang is a Hughes Hubbard partner at the firm's New York office specializing in international arbitration, multilateral development banks investigation, compliance, and litigation. She has practiced in China for over 20 years, helping CEOs with compliance issues. Bryan Sillaman is Managing Partner at Hughes Hubbard's Paris office and works with French and European companies on compliance matters. Formerly, he was an attorney in the Division of Enforcement at the US Securities and Exchange Commission. Key areas we discuss on this podcast are: US companies should know the top things about anti-bribery and anti-corruption enforcement in China in 2022. What China's anti-corruption enforcement looks like in the healthcare sector. Under China's Personal Information Protection Law (PIPL), you must first pass a security evaluation under the Cybersecurity Administration of China (CAC) before transferring data overseas. The concept of companies proactively cooperating with the authorities by providing the information is still new in France.  How the French component of Airbus enforcement action affected French prosecutors. The French blocking statute was designed to force US authorities through MLAT to get information. Resources Hughes Hubbard & Reed website  Christine Kang on LinkedIn Bryan Sillaman on LinkedIn

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and Diego Duran and Salim Saud of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally.  Diego Duran is a Hughes Hubbard partner and criminal defense attorney licensed to practice in some parts of the US and Mexico, where he spent several years working for one of its top boutique law firms. Salim Saud is an attorney and partner based in Rio de Janeiro, Brazil, at Saud Advogados, in association with Hughes Hubbard. He specializes in anti-corruption and is also the coordinator of the Anti-Corruption Compliance practice at FGV. Key areas we discuss on this podcast are: The Mexican administration's approach to anti-corruption investigation and enforcement. Corporate criminal liability is a fairly recent concept in Mexican law. Mexico's National Digital Platform is anticipated to be a centralized database designed to host and process information about federal and state officials. Brazil has two systems for anti-corruption enforcement; one is led by the CGU and AGU, and the other is led by the NPF. Assessing the impact of COVID-19 on Brazilian anti-bribery and anti-corruption investigation and enforcement efforts.  Highlights of Brazil's recent regulations surrounding their anti-corruption law, the Clean Companies Act. Resources Hughes Hubbard & Reed website  Diego Duran on LinkedIn Salim Saud on LinkedIn

In conversation with Renée Chenault Fattah In The XX Edge, Patience Marime-Ball and Ruth Shaber envision a new paradigm of gender-focused investing where more women are placed in decision-making roles and able to optimize their skills across all capital markets-leading to higher returns for individual investors and greater economic growth. Patience Marime-Ball is the founder and CEO of Women of the World Endowment, an investment nonprofit focused on centralizing women changemakers as economic, environmental, and social changemakers while delivering market-rate, risk adjusted returns and impact at scale. She has more than two and half decades of investment experience across capital markets – including debt and equity financing, large scale infrastructure, distressed assets, as well as venture stage opportunities. Patience has led many ''firsts'' in the investing space; she developed the Banking on Women platform at the International Finance Corporation (IFC) and was responsible for co-designing IFC's multi-billion dollar Global Trade Liquidity Program, as well as the first-ever gender bond issued on the Uridashi market. Ruth Shaber is the founder and president of the Tara Health Foundation, a nonprofit organization that promotes and invests in programs aimed at health, well-being, and opportunities for women and girls. She is also the co-founder and board chair of Rhia Ventures, a group of foundations and investors devoted to reproductive health in the United States, and was a gynecologist and obstetrician at Kaiser Permanente for 22 years. Selected as a Forbes 2020 Impact 50: Investors Seeking Profit-and Pushing for Change for her work in impact investing, Shaber, is also the founder of the Women's Health Research Institute. A former longtime co-anchor of the WCAU NBC 10 News, Renée Chenault Fattah also worked at several other stations across the country and as a lawyer at the New York firm of Hughes Hubbard & Reed. She serves on the board of directors of Philadelphia Lawyers for Social Equity and on the board of trustees of Johns Hopkins University, and in 2020 was inducted into the Broadcast Pioneers of Philadelphia Hall of Fame. (recorded 7/20/2022)

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Laura Perkins and Jan Dunin-Wascowicz about the intersection of international arbitration, anti-bribery, and anti-corruption compliance. Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. Jan Dunin-Wascowicz is an expert in cross-border compliance and regulatory enforcement, multi-jurisdictional internal and government investigations, as well as transnational litigation and international arbitration in both commercial and investor-State contexts. Key areas we discuss on this podcast are: How increased attention to anti-corruption compliance led to increased arbitration. The Biden administration has taken a strong position that foreign corruption and corruption in general can be a serious national security concern for the United States. Red flags are tools that identify risk areas of inquiry. The outcomes that can arise when a claim of corruption is brought up defensively or against a defendant. The types of cases that tend to attract anti-robbery and anti-corruption issues. Compliance professionals should properly document their due diligence activities. Resources Hughes Hubbard & Reed website  Laura Perkins on LinkedIn Jan Dunin-Wascowicz on LinkedIn

This is Tom Fox. I'd like to welcome you to an exciting new podcast series that I'm premiering on the Compliance Podcast Network, The Corruption Files, together with my co-host Thomas Fox and Michael DeBernardis, an artist partner at Hughes Hubbard & Reed LLP. We're going to be taking a look at some of the top corruption enforcement actions in the United States and beyond.  In our first five episodes, we're going to focus on some key industries inside the United States, which had important FCPA actions. We're going to focus on the background of each of the enforcement actions.  What did it mean from the prosecutorial perspective, from both the Department of Justice and the Securities and Exchange Commission? And then what did it mean at the time of the enforcement action? What does it mean today and what does it continue to mean for the compliance professional in the future?  I know you'll enjoy this great new series, The Corruption Files. Texas Tax rate at 80% of 8.25%

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Philip Giordano, a partner at Hughes Hubbard, about the Biden administration's antitrust regulation and enforcement. Philip Giordano is a partner in the firm's Antitrust Group, focusing on a variety of national and international antitrust matters, including complex criminal antitrust investigations and litigation, civil non-merger government investigations, and mergers and acquisitions. Philip also personally practices in the area of criminal defense. Key areas we discuss on this podcast are: The biggest changes in the Department of Justice over the last 18 months.  An expected area of expanded enforcement and guidance is going to be in the area of potential competitors, and acquisition of potential competitors and of nascent competitors. It's likely that merger reviews are going to take longer. Expanding the reach of antitrust laws. You typically do not see wage agreements in no-poach clauses. Whether Philip expects the Biden administration to maintain their aggressive enforcement and review of mergers and acquisitions. Resources Hughes Hubbard & Reed website  Philip Giordano on LinkedIn

In this episode of the FCPA Compliance Report I welcome back Mike DeBernardis, a partner at Hughes Hubbard, about some of the key developments in ethics compliance and FCPA from Q1 2022. Key areas we discuss on this podcast are:  Q1 brought resolutions that were excellent examples for training and increasing understanding of compliance issues.  One of the more difficult aspects of compliance is scoping investigations. View input from your monitor as an opportunity to truly improve your processes, procedures, and controls. Having a positive relationship with them is hugely valuable. Developing an investigation plan and protocols is an iterative process. Changes to the SEC Whistleblower program. Anti-corruption implications of the Russian invasion of Ukraine.   Resources Hughes Hubbard & Reed website Mike DeBernardis  Coburn and the Attorney/Client Privilege Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Tyler Grove, counsel at Hughes Hubbard, about the Biden administration's multilateral approach to sanctions. Tyler Grove has worked at Hughes Hubbard for over 10 years, starting as a paralegal and then working his way up to a full-time associate before taking the position of counsel. Tyler's specialties include sanctions and export controls in addition to anti-money laundering and foreign investment issues. His practice has three main areas: compliance counseling, enforcement and investigations, and corporate diligence and filings. Key areas we discuss on this podcast are: The differences between the Biden administration's sanctions vs. those of the past. The US has imposed a soft embargo on any items subject to its jurisdiction and classified on the commerce control list. How soon we will be able to see the effectiveness of the Biden administration's embargo. We will likely see an expansion of the sanctions imposed for human rights. It's important that companies are aware of their suppliers, and how their products are being manufactured. Anti-boycott issues in China. Resources Hughes Hubbard & Reed website  Tyler Grove on LinkedIn

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Kevin Carroll, a partner at Hughes Hubbard, about congressional committees and investigations. Kevin Carroll is a partner in the firm's Washington and New York offices in its white-collar and investigations practices. Kevin represents businesses, senior executives, and government officials in congressional and criminal investigations, conducts internal investigations, and litigates national security claims. Kevin also helps counsel businesses on CFIUS/FIRRMA, cyber security and data privacy, EAR/ITAR, FARA, FCPA, FISA, FMS, and OFAC compliance. Kevin is a Colonel in the United States Army Reserve and a writer whose work has been published in the Wall Street Journal, Washington Post, and Bloomberg Law. Key areas we discuss on this podcast are: The role of an attorney in a congressional committee around the investigation. Lawyers in a US attorney's office are, to a degree, dependent on the cases that the FBI or district police bring them. How Kevin advises clients through congressional investigations. Congress is under no obligation to recognize attorney/client privilege.  Preparing a witness for a congressional hearing. Concerned citizens can raise issues that could lead to congressional investigations.  Resources Hughes Hubbard & Reed website  Kevin Carroll

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group's Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I visit with Mike DeBernardis, a partner at Hughes Hubbard, about some of the key developments in ethics compliance and FCPA from Q1 2022. Michael A. DeBernardis is a partner in the firm's Washington office and a member of the firm's Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. Michael assists clients with internal investigations relating to high-stakes matters including bribery and corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy. Michael has represented clients in connection with inquiries by the U.S. Department of Justice, U.S. Securities and Exchange Commission, and U.S. Senate Permanent Subcommittee on Investigations, among others. Key areas we discuss on this podcast are:  Q1 brought resolutions that were excellent examples for training and increasing understanding of compliance issues.  One of the more difficult aspects of compliance is scoping investigations. View input from your monitor as an opportunity to truly improve your processes, procedures, and controls. Having a positive relationship with them is hugely valuable. Developing an investigation plan and protocols is an iterative process. Changes to the SEC Whistleblower program. Anti-corruption implications of the Russian invasion of Ukraine.   Resources Hughes Hubbard & Reed website Mike DeBernardis  Coburn and the Attorney/Client Privilege

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group's podcast All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I visit with Kenyen Brown on his journey from the US Attorney's office to bring ESG programs and initiatives to clients to improve their businesses. Kenyen Brown is a partner in the Washington, D.C. office of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practices. He is the former US Attorney for the Southern District of Alabama. He also served on the Senate Ethics Committee. Kenyen's practice focuses primarily on white-collar criminal litigation, and compliance counseling, including matters involving internal and government investigations. In this area, Kenyen has performed compliance program reviews, audits, and risk assessments. Key areas we discuss on this podcast are: Role as the US Attorney for the Southern District of Alabama. Role on the Senate Ethics Committee? Key accomplishments. Working with police departments and their communities to identify systemic racial and gender discrimination issues. The ‘S' in ESG in racial and gender discrimination issues. The important of managing reputational through a robust ESG program.  Resources Hughes Hubbard & Reed website Kenyen Brown bio Anti-Corruption and Internal Investigations Practice Group

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations practice group's podcast All Things Investigations. In this podcast host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. In this first episode, I visit with Mike Huneke on discovery dispute in the US v. Coburn criminal action.   Mike Huneke is a Hughes Hubbard & Reed partner who has spent his career in both Washington, DC and Paris, France. For his entire 17-year career Mike has been practicing in the anti-corruption space, on everything from investigations and government resolutions, acting as “buffer counsel” to companies subject to compliance monitors, third party and M&A due diligence, and proactive risk assessments and second-level compliance reviews. Most recently, Mike and his Hughes Hubbard colleagues were recognized for their role on the Airbus case by Global Investigations Review.   Key areas we discuss on this podcast are: Individual defendants are wildcards in matters involving privilege claims in FCPA investigations. The dangers of the over-assertion of privilege to the DOJ and to the Courts. The false comfort of “oral” disclosures. The “personal jurisdiction” discussion by the Court. Beware civil discovery in criminal cases.    Resources Hughes Hubbard & Reed website Mike Huneke bio Anti-Corruption and Internal Investigations Practice Group US v. Coburn, Judge McNulty decision

Bryan Sillaman, Head of the Paris office of Hughes Hubbard & Reed LLP, returns to the show to share the breadth and scope of some of the regulatory frameworks already in place, what the green taxonomy is all about and how it relates to an overall ESG program.   ▶️ Exploring ESGs from the European Perspective with Tom Fox & Bryan Sillaman. Key points discussed in the episode: Bryan Sillaman shares his current practice and interesting evolution from a white-collar defense lawyer to an ESG aficionado. ✔️ The key differences in the regulatory approach to ESG between the EU and US. ✔️ The robust and rigorous exercise at a scientific and technical level to define sustainable activity versus not generating different opinions & viewpoints. Bryan expects this lengthy process in the EU in 2021 to become a lot more in 2022. ✔️The EU has been ahead a bit on the front where the United States is in terms of the ESG regulatory approach. Sillaman shares that this is part of what's driven by the regulatory framework, but even more so, as companies face pressure from their investors, employees, unions, NGOs and various stakeholders. ✔️ Companies claim to be involved in sustainable activities but not really involved. And it comes back to the concern of greenwashing and establishing the taxonomy set out to define at a technical and scientific level what is sustainable and what is not. ✔️The sustainable financial disclosure regulation and its operation into an overall ESG framework. It requires asset managers as financial market participants to first disclose how much of their activities are aligned with the taxonomy. ✔️The Corporate Sustainability Reporting Directive and how it fits in. ✔️With directives defined, Bryan shares where he sees EU reporting standards for ESG headed and envisioned as the technical criteria will evolve over time.  ✔️ ESG has become a really top-of-mind issue for many companies and institutions. Sillaman shares that this is part of what's driven by the regulatory framework, but even more so, as companies face pressure from their investors, employees, unions, NGOs and various stakeholders.  ✔️ Interesting trends for 2022 following the regulatory Bryan cites interesting cases and lawsuits brought by NGOs to pursue reductions in carbon emissions and other damages against companies.  ✔️ Several countries pass enhanced disclosure and due diligence requirements on the supply chain, and companies are operating in their jurisdiction focus on human rights issues.  Bryan J. Sillaman is Managing Partner of the firm's Paris office. During his time at Hughes Hubbard, Bryan has counseled clients across a range of governance and compliance issues, including the development of policies and procedures, due diligence relating to third-parties and joint venture partners, and internal reviews and audits of their global operations. Bryan has spent significant time advising clients in connection with independent corporate monitorships and has traveled extensively in connection with his activities, including to Angola, Brazil, China, Indonesia, Malaysia, the Middle East, Nigeria, Russia, Thailand and Venezuela.  Prior to joining Hughes Hubbard, Bryan was an attorney in the Division of Enforcement of the US Securities and Exchange Commission (SEC) where he earned a Division Director Award.  Connect: bryan.sillaman@hugheshubbard.com ---------------------------------------------------------------------------- Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.

In this episode of the FCPA Compliance Report, I am joined by fan favorite Mike DeBernardis, partner at Hughes Hubbard. In this episode we look at compliance and temporal timeline developments from Q4 2021. Highlights of this podcast include: A deep dive into the Lisa Monaco speech, how it impacted the compliance temporal timeline whether it was a change or recalibration. Anti-Trust developments. The Biden Administration Strategy on Countering Corruption? Compliance in 2022 and moving forward. Resources Mike DeBernardis on HughesHubbard website.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I have thrilled to have back fan favorite Mike DeBernardis, partner at Hughes Hubbard. Mike is back for our quarterly FCPA and compliance review and in this episode, we look at highlights from Q3 2021. Highlights of this podcast include: FCPA Enforcement Actions-WPP and Credit Suisse. What are the key lessons learned? What does it mean to extend at DPA? Pandora Papers-how do you think this will drive the move for greater transparency around trusts and other opaque corporate forms? SEC a.       Increased enforcement and admissions of liability in settlement docs. b.       ESG Reporting requirements-what does this mean for corps c.       Increased scrutiny for both crypto and SPACs 5. National Security Directive coming out in December. 6.HughesHubbard annual FCPA alert Resources Mike DeBernardis on Hughes Hubbard website.     Learn more about your ad choices. Visit megaphone.fm/adchoices

In this podcast episode, Gustavo Morales Oliver introduced Diego Durán de la Vega, partner at Hughes Hubbard &Reed, Giovanni Falcetta, partner at TozziniFreire Advogados, Thiago Jabor, partner at Mattos Filho, and Eloy Rizzo Neto, partner at Demarest. 

Bryan Sillaman, Head of the Paris office of Hughes Hubbard & Reed LLP, chats with Tom Fox about two articles he recently wrote in this week's show. They discuss how to establish a corporate policy for ESG, as well as the renewable energy market and what's driving its evolution. 5 Steps to Corporate ESG Policy Bryan tells Tom that Larry Fink's message about climate risk being investment risk, as well as the statement on stakeholder capitalism, helped shine a brighter light on ESG. Companies needed guidance on how to establish their own ESG policy, and his article, Five Steps to Establishing a Corporate ESG Policy for the Present Moment, provides a practical strategy for moving forward. Tom comments that it is a framework for responding to stakeholders such as regulators and investors, who are demanding more sustainability. When establishing a corporate ESG policy, start with what you can do and look at what you already have, Bryan advises listeners. It's a process that will take time, and each company's approach will differ depending on their circumstances. “This is a process, and it's important as part of the implementation, to recognize that you need to test and to modify and perhaps enhance things going forward…” he remarks. Compliance officers have skills that translate well into leading ESG, he continues: “Compliance is - at its very essence - a risk management and also a change management process.”  Clean Energy Tom asks Bryan to talk about another of his articles, Keeping the ‘Clean' in Clean Energy. The booming demand for clean and renewable energy will bring many opportunities, but also several risks, Bryan responds. This inspired him and his colleague to write the article. Tom comments that a mix of energy sources could extend the life of fossil fuels which would be good for the energy market. Traditional energy companies are investing in renewable energy to diversify and to position themselves for the evolution of the market, Bryan agrees.  RESOURCES Bryan Sillaman on LinkedIn Articles: Keeping the ‘Clean' in Clean Energy | Five Steps to Establishing a Corporate ESG Policy for the Present Moment

In this Episode of the FCPA Compliance Report, I am joined by fan fav and now Hughes Hubbard & Reed partner Mike DeBernardis. We take a look back at some of the key enforcement actions and issues from Q2-2021.    Highlights of this podcast include: FCPA prosecutions. In the corp sphere, only one doesn't really mean anything going forward. FCPA Individual Prosecutions. Is the Yates Memo finally leading to results? Anti-Trust. Will the focus on the large enforcement actions against Big Tech lead to an overall reduction or will the Division be going strong against all forms of anti-competitive behavior? FCA, Fraud in PPP and PPE. Where to you see this going? What about SEC enforcement actions? Will we see more in the areas of accounting fraud, SPACs, climate change and ESG areas? Do CCOs really need to worry about individual enforcement actions? What about environmental crime enforcement actions? Resources  Mike DeBernardis on the HughesHubbard website Mike DeBernardis on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In this Episode of the FCPA Compliance Report, I am joined by fan fav and now Hughes Hubbard & Reed partner Mike DeBernardis. We take a look back at some of the early pronouncements from the Biden Administration and consider where both enforcement and regulatory oversight may be headed into the rest of 2021.  Highlights of this podcast include: What are the 3 top areas you and Hughes Hubbard are counseling clients to be aware of over the next few years? In addition to general areas the DOJ has signaled its interest in; other federal agencies are coming to life again. What should clients think about regarding expanded FTC, CFPB and CFTC oversight and enforcement? The pandemic changed the way many investigations are conducted. Other than Zoom interviews, did your substantive work really change in the areas of document review, background ETC? What about Board and senior management risk management issues. Has it changed or are these groups now focused on a broader set of risk management strategies? To the international arena. Are there any countries/regions you are watching more carefully than others in terms of ABC enforcement? Resources  Mike DeBernardis on the HughesHubbard website Mike DeBernardis on LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Mike DeBernardis, Counsel and Hughes Hubbard. We take a look back at the FCPA world in Q3. It started off with a bang and never slowed down.  Some of the highlights include: The quarter started off with a bang-Novartis US and never slowed down.  How and why did Novartis US, First Energy in Ohio and Commonwealth Ed in Illinois change the discussion around domestic corruption? What were some of the key lessons from the Herbalife FCPA enforcement action? Why is it so important to obtain experienced White-Collar Counsel in a serious FCPA matter? What were top 3 takeaways from the release of the FCPA Resource Guide 2nd edition? Sargeant Marine was a rare criminal FCPA plea. What is the significance of the case? The Alexion SEC enforcement action in July was relatively small but had some interesting lessons. What were key takeaways from the case? Do you see continue aggressive FCPA enforcement by the DOJ/SEC? What are you telling clients about their compliance programs going into the next 12 months? Learn more about your ad choices. Visit megaphone.fm/adchoices

Ken Lefkowitz, an M&A partner at Hughes Hubbard, talks about his work for clients including Frank Lozenzo's Jet Capital and Anthony Tan, who founded Singapore-based ride-hailing company Grab, during the latest episode of the Drinks With The Deal podcast hosted by David Marcus.

No Longer the Loneliest Person in Town: After 43 years, the FCPA has come of age and countries are stepping in to lead the enforcement. Guest Kevin Abikoff, Deputy Chair of Hughes Hubbard, Co-Chair of their Anti-Corruption and Internal Investigation practice and FCPA book author https://www.amazon.com/Anti-Corruption-Law-Compliance-Litigation-White-Collar/dp/1617460052 discusses best practices in FCPA.

In the Episode, I am joined by Mike DeBernardis, Counsel at Hughes Hubbard, in the firm’s Washington office and a member of the firm’s Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. He represents corporate and individual clients in criminal, civil and administrative enforcement matters, including matters involving the Foreign Corrupt Practices Act and securities and accounting fraud. In this episode we take a deep dive into the DOJ’s 2020 Update to the Evaluation of Corporate Compliance Programs and DOJ and SEC FCPA Resource Guide, 2nd edition. Some of the highlights include: What were the top changes DeBernardis observed in 2020 Update to Evaluation of Corporate Compliance Programs? What were the top changes for you in FCPA Resource Guide, 2nd edition? How should one read the Resource Guide, 2nd with the 2020 Update? In conjunction, separately or in some other way? Is there any significance to the two documents being released so close together in time? Should you advise clients to do anything different because of these documents? Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Kevin Abikoff, partner at Hughes Hubbard and Aline Osorio, International Specialist at the firm. The co-authored a very interesting article entitled “Corruption Settlements, Coronavirus And The Road Paved With Good Intentions”. The paper considered where should the proceeds of government enforcement activity be placed and who should get to decide. It was a fascinating topic that I have long considered and wanted to podcast on.  Some of the highlights include:  What was the genesis of the paper “Corruption Settlements, Coronavirus And The Road Paved With Good Intentions”? Where do funds collected in FCPA cases go in US? Where do funds collected in anti-corruption actions in Brazil go? What was the driving force behind Brazil dedicating monies from the Petrobras settlement to benefit education and the environment in Brazil? What has the current government requested be changed? Who should decide where fines and penalties go? Prosecutors? Executive Branch? Other elected officials? Non-elected officials? You can download a copy of their white paper Corruption Settlements, Coronavirus And The Road Paved With Good Intentions by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I am joined by Mike DeBernardis, Counsel and Hughes Hubbard. We review the Foreign Corrupt Practices Act enforcement from Q1 and take a look into that veiled land of the future.  Some of the highlights include: Key highlights from the Cardinal Health SEC enforcement action. The Airbus international anti-corruption enforcement action is the largest ever. How can a CCO begin to get their arms around it or discern what it might mean for their company? What are Mike’s 3 key takeaways from Airbus? What is the significance of the individual prosecutions in Q1? What are the top questions Mike and the Hughes Hubbard team is receiving from its clients now? While investigations may slow down in Q2, Mike expects an uptick in Q3 & Q4. There will not be any Free FCPA Pass from the DOJ going forward on enforcement. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the Episode, I visit with Bryan Sillaman, Managing Partner of the Paris office of Hughes Hubbard & Reed. In this podcast we discuss the French portion of the Airbus anti-corruption enforcement action. Some of the highlights include: Describe the French enforcement authorities and the law under which they investigated and then issued the Judicial Public Interest Agreement with Airbus? What is the French Blocking Statute and what role did it play in the investigation? Why is this enforcement action a milestone in French anti-corruption enforcement? What was the final penalty assessed by the French Court? How will the monitorship over Airbus work in practice? What does the French Judgment say about or do for the PNF? Learn more about your ad choices. Visit megaphone.fm/adchoices

This week we have a special interview with Peter Goodrich on the tax ramifications of working with crypto-currencies. We packed a lot of information and debate in this quickly evolving field. PETER GOODRICH is a Manager in the Tax Department of Prager Metis CPAs, a member of Prager Metis International LLC.  He specializes in tax planning, consulting, and structuring with domestic and international businesses, whether they are mature or startups, high net worth individuals, and trusts and estates tax planning. He assists and advises on complex business transactions.  He has expertise in several industries including blockchain/ cryptocurrency, entertainment, manufacturing, defense contracting, technology, hedge funds, automotive, hospitality and real estate.  Here is a brief outline of what Peter and I covered: INTRO 1)  Peter, how did you got into accounting and where did your interest in the crypto-space come from? 2)  What we are talking about when we say "crypto"? 3)  What makes the taxation of crypto currencies interesting/controversial?  Is it a currency? Is it property? Is it a security? Is it a collectible? What rules apply? Are there meaningful differences between the different currencies? 4)  The IRS decided that Crypto is essentially property with capital gains implications.  Is there any nuance around that?  Do the same "Long Term/Short Term" concepts apply? 5)  Is there a difference in trading between crypto-currencies vs transacting for goods?  I.e. if I buy a painting with bitcoin and sell it in bitcoin, how is that treated? 6)  Everyone's situation is different, but if someone has a big gain, how should they think about it from a tax perspective?   7)  We always worry about the gains, but can you take losses? The IRS determined that Crypto incorporates "property" tax concepts, but are there wash sales (which would be more of a "security" tax concept)? 8)  Crypto-Currencies are supposed to be "off the grid"? Is this really the case? What about penalties for non-reporting!  It looks like there is a disclosure box in this year's forms? 9) What are the state implications for crypto-taxation? How does one determine and deal with nexus for state tax purposes? 10)  Vision for the future?  Will the government eventually accept payment in crypto? Or adopt their won?  Any other trends? 11)  What's the best way to stay up to date on what you are doing and the direction of crypto-taxation? OUTRO ADDITIONAL READING: Here are a couple of notices on cryptocurrency and taxation from the IRS and a good article from the American Bar Association (written by PARKER TAYLOR and his team from Hughes Hubbard and Reed) on the trustee and fiduciary issues related to cryptocurrencies and estate planning: FREQUENTLY ASKED QUESTIONS ON VIRTUAL CURRENCY TRANSACTIONS REPORT NO. 1433: IRS REPORT ON CRYPTO_CURRENCY ESTATE PLANNING ISSUES WITH CRYPTO-CURRENCY For more on this and other wealth topics, check out my book "Wealth, Actually" here: https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT

This week we have a special interview with Peter Goodrich on the tax ramifications of working with crypto-currencies. We packed a lot of information and debate in this quickly evolving field. PETER GOODRICH is a Manager in the Tax Department of Prager Metis CPAs, a member of Prager Metis International LLC.  He specializes in tax planning, consulting, and structuring with domestic and international businesses, whether they are mature or startups, high net worth individuals, and trusts and estates tax planning. He assists and advises on complex business transactions.  He has expertise in several industries including blockchain/ cryptocurrency, entertainment, manufacturing, defense contracting, technology, hedge funds, automotive, hospitality and real estate.  Here is a brief outline of what Peter and I covered: INTRO 1)  Peter, how did you got into accounting and where did your interest in the crypto-space come from? 2)  What we are talking about when we say "crypto"? 3)  What makes the taxation of crypto currencies interesting/controversial?  Is it a currency? Is it property? Is it a security? Is it a collectible? What rules apply? Are there meaningful differences between the different currencies? 4)  The IRS decided that Crypto is essentially property with capital gains implications.  Is there any nuance around that?  Do the same "Long Term/Short Term" concepts apply? 5)  Is there a difference in trading between crypto-currencies vs transacting for goods?  I.e. if I buy a painting with bitcoin and sell it in bitcoin, how is that treated? 6)  Everyone's situation is different, but if someone has a big gain, how should they think about it from a tax perspective?   7)  We always worry about the gains, but can you take losses? The IRS determined that Crypto incorporates "property" tax concepts, but are there wash sales (which would be more of a "security" tax concept)? 8)  Crypto-Currencies are supposed to be "off the grid"? Is this really the case? What about penalties for non-reporting!  It looks like there is a disclosure box in this year's forms? 9) What are the state implications for crypto-taxation? How does one determine and deal with nexus for state tax purposes? 10)  Vision for the future?  Will the government eventually accept payment in crypto? Or adopt their won?  Any other trends? 11)  What's the best way to stay up to date on what you are doing and the direction of crypto-taxation? OUTRO ADDITIONAL READING: Here are a couple of notices on cryptocurrency and taxation from the IRS and a good article from the American Bar Association (written by PARKER TAYLOR and his team from Hughes Hubbard and Reed) on the trustee and fiduciary issues related to cryptocurrencies and estate planning: FREQUENTLY ASKED QUESTIONS ON VIRTUAL CURRENCY TRANSACTIONS REPORT NO. 1433: IRS REPORT ON CRYPTO_CURRENCY ESTATE PLANNING ISSUES WITH CRYPTO-CURRENCY For more on this and other wealth topics, check out my book "Wealth, Actually" here: https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT

Ericsson settles a long running FCPA enforcement action, coming at No. 2 on the all-time list. Tom lectures Jay about the need for his Patriots to stop cheating (again). They also other of this week’s top compliance and ethics stories which caught their collective eyes. Ericsson settles the second largest FCPA enforcement action of all time. Ericsson comes in the FCPA Blog’s all-time Top Ten FCPA Enforcements and also Number 2 on the all-time Disgorgement List. Jay Clayton backs off his threat to cap SEC whistleblower awards. Director of Treasury’s anti-money-laundering watchdog calls for Congress to pass corporate transparency legislation. Jay looks at the birth of the corporate integrity monitor. Did they look at petty cash? €84MM goes missing from Football Association of Ireland. Jonathan Rausch. Does better corp governance leader to better corporate agility? Kenneth Lehn. How and why should you manage your corp culture? Jim DeLoach CFIUS report to Congress. Lawyers from Simpson Thatcher. How to manage risk when the BOD is overconfident? Matt Kelly. Patriots caught cheating again. Do they even care? Max Kellerman. On the Compliance Podcast Network, Tom had a five part podcast series on the Hughes Hubbard 2019 FCPA and Anti-Bribery Alert. In Part 1, Kevin Abikoff provides and overview of the Alert and explains this year’s theme; in Part 2, Laura Perkins on the year in FCPA; in Part 3, Bryan Sallaman on developments from France; in Part 4 Mark DeBernardis on MDBs and anti-courrption enforcement and in Part 5, Salim Saud on developments in Brazil. Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 4, I visit with Michael DeBernardis, on developments from Multilateral Development Banks in the fight against bribery and corruption over the past year. Some of the highlights include: What is the role of Multilateral Development Banks in the fight against bribery and corruption? What were the key enforcement actions reported by the World Bank? What were changes in whistleblower protection over the past year in France? Why are these developments so significant? What are some key lessons for the compliance practitioner? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 5, I visit with Salim Saud, Partner at Saud Advogados, in cooperation with Hughes, Hubbard & Reed LLP, on developments in anti-bribery enforcement from Brazil from over the past year. Some of the highlights include: What is the key role the CGU has taken over the past year? How is the CGU currently assessing compliance programs? What were some of the setbacks in Brazil over the year? How can a company obtain a Leniency Agreement? What are some key lessons for the compliance practitioner? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 2, I visit with Laura Perkins, co-Executive Editor of the Alert for an overview of the 2019 Alert. Some of the highlights include: What were some of the key developments from the Department of Justice over the past year in the FCPA? What were some of the enforcement actions from the Department of Justice over the past year in the FCPA? What were some of the policy announcements from the Department of Justice over the past year in the FCPA? What were some of the DOJ tips on best practices in compliance were to be found in FCPA enforcement actions over the past year? Why are the guidance documents from the DOJ so useful to the compliance professional? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 3, I visit with Bryan Sillaman, Managing Partner of the firm’s Paris office, on developments in France regarding anti-bribery enforcement over the past year. Some of the highlights include: What were the anti-bribery prosecutions under Sapin II? What were the first decisions by the AFA on compliance programs? What were changes in whistleblower protection over the past year in France? Why are the developments of a DPA equivalent so significant in France? What the requirement for entering into a settlement agreement in France? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 1, I visit with Kevin Abikoff, co-Executive Editor of the Alert for an overview of the 2019 Alert. Some of the highlights include: Ø  When did the Alert come into existence? Ø  How has it changed over time? Ø  Why does each edition begin with lyrics from a recording artist we lost over the past? Ø  What is the significance of this year’s tribute to Steve Cash and If You Want to Get to Heaven? Ø  Why is this year-end alert different than other law firm publications of a similar nature? Resources Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I visit with Benjamin Britz, a partner at Hughes Hubbard & Reed. We review the current state of the Varsity Blues prosecutions, including the guilty pleas and those still maintaining their innocence. We consider the evidence presented and where the case may be heading. Britz advises clients on all aspects of corporate governance including government investigations, shareholder class action and derivative litigation, and corporate compliance matters. He has represented clients before all manner of domestic and international enforcement agencies, including the Department of Justice, Securities and Exchange Commission, UK Serious Fraud Office and the enforcement offices of the World Bank, Asian Development Bank and African Development Bank, among others. His practice particularly focuses on anti-corruption compliance, securities enforcement, and accounting and procurement fraud matters. He has performed internal investigations and due diligence exercises around the globe and across an array of different industries. Some of the highlights include: What is the current state of prosecutions? What evidence has been presented? Might there be ancillary issues involved? What will be the fallout for the cooperating witnesses? Is money laundering a viable prosecution strategy? Will the IRS become involved? Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the FCPA Compliance Report, I visit Michael DeBernardis, Counsel at Hughes Hubbard. We discuss the Trump Administration’s China Initiative and how it may impact FCPA enforcement efforts and spark a potential backlash against US companies. Some of the highlights include: 1.     What is the China Initiative? 2.     Why is it significant? 3.     What developments have you seen over the past 6 months since its announcement? 4.     Does the China Initiative tie into the effort for greater transparency of Chinese owned companies in America per the Senate bill on auditing? 5.     Does the China Initiative mean the FCPA is being weaponized? If so, what are the implications? 6.    What about China push back? FedEx or even GSK? You can find more information on see DeBernardis and Zygielbaum’s article  Revisiting the China Initiative: Will the Focus on FCPA Prosecutions of Chinese Companies Produce Results? Learn more about your ad choices. Visit megaphone.fm/adchoices

On this week’s episode, we talk to Fabio Bertoni, the General Counsel for the New Yorker Magazine. We discuss moving from a big law firm to becoming an in-house counsel of a major publication, the process of pre-publication review, and the current media landscape and how it has changed a lawyer’s duty to the publication. Fabio Bertoni is general counsel of The New Yorker magazine, where he is responsible for pre-publication review of all articles, website posts, videos and other content published by The New Yorker, as well as supervising legal issues surrounding The New Yorker Festival and other events.  Prior to working at The New Yorker, Fabio was assistant general counsel at HarperCollins Publishers, where he conducted pre-publication review of non-fiction books, and handled legal issues for the Children’s Division, negotiated author-publisher agreements, and advised on licensing, copyright and trademark issues.  Prior to that, Fabio was vice president and deputy general counsel for ALM Media, publisher of The American Lawyer, the New York Law Journal, and dozens of other newspapers and magazines across the United States. Fabio also serves as an adjunct professor at Fordham Law School, where he teaches a seminar on Media Law Drafting.  He began his legal career at the firm of Hughes Hubbard & Reed, after graduating from Columbia Law School and from the Columbia Graduate School of Journalism. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

In this episode I visit with Hughes Hubbard partner Michael DeBernardis on the Hughes Hubbard 2018FCPA & Anti-Bribery Alert. We look at some of the key DOJ pronouncements, key enforcement actions, key cases and key international developments.  Highlights from the podcast include: 1.    What is the Hughes Hubbard FCPA & Anti-Bribery Alert?2.    The key DOJ policy pronouncements in 2018 around the FCPA Corporate Enforcement Policy, including the anti-piling on policy, M&A safe harbor and how to avoid a corporate monitor.3.    A review of the key FCPA enforcement actions from 2018, including Petrobras, Credit Suisse, Panasonic Avionics and  Société Générale.4.    2018 saw two rare cases at the Supreme Court impacting the FCPA--Cohen& Hoskins.What do they mean for the compliance practitioner?5.    How did the final decision in the UK in the case ENRC protect internal investigations?6.    What does GDPR mean for FCPA investigations and enforcement going forward.  To see a copy of Hughes Hubbard 2018’s FCPA & Anti-Bribery Alert, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

David Shanies is a skilled litigator who started his own civil rights practice after spending ten years as an associate at Hughes Hubbard & Reed LLP. In this episode David discusses how he ended up at NYU Law School, his years at Hughes Hubbard, his experience clerking, and the pro bono case that changed his life. David also shares advice for anyone thinking about starting their own practice and gives some insight on how he finds clients.You can learn more about David here.And to learn more about Cooper and Lee visit www.bfklawoffice.com. See acast.com/privacy for privacy and opt-out information.

Building client Trust and Confidence A partner since 2007, Sarah Cave kicks off our conversation talking about digging in on tough problems, being highly organized, and listening to understand a client’s wants and concerns.  She then shares her three-pronged growth strategy: Show Up: be thoughtful about determining events and situations to participate in that allow you to meet potential clients and make connections with people who are good to know Put Up: keeps your skills toned and ready to assist clients and potential clients Shut Up: focus on listening, observing, and being keenly aware of the needs of your clients and their desired outcomes Sarah reflects on her positive experiences getting involved and showing up for events with both her local Bar and the International Bar Association.  She conveys a success story that came out of meeting a lawyer at an International Bar Association event.   She also talks about seeing clients as people and ensuring you’re aware of the goals of the person and not just the matter at hand. When asked what’s truly innovative in legal technology Sarah notes that strong communication and technical sophistication is expected by clients today.  That leveraging technology to effectively connect and respond to a client’s needs will enhance the trust and confidence a client has in you and your services. Sarah’s advice to those starting out, have a plan that’s flexible; take advantage of opportunities that present themselves.  Be informed, not just about the law but about business and industry so you can respond to your clients’ needs and requests.  Lastly, listening is critical in developing client trust and confidence. Hughes Hubbard & Reed, Partner, Sarah Cave leads a practice focused on complex securities litigation, professional liability, and bankruptcy litigation in federal, state trial and appellate courts across the country.  She’s worked on the largest financial crisis-related litigations of the past several years.  Sarah Cave Bio

Hughes Hubbard partner George Tsougarakis tells John Metaxas the fascinating story of his firm's recovery of a 9th Century handwritten copy of the New Testament that was looted from a monastery in northern Greece by Bulgarian soldiers during World War I and went missing for 99 years. But despite the Bible's return, the case is not over.

Our guest today is the wonderful Fara Tabatabai. Fara is counsel in Hughes Hubbard and Reed’s New York office and was one of the youngest lawyers in North America to pass the bar exam. Her practice focuses on complex commercial, products liability, securities, and employment litigation and arbitration. Ms. Tabatabai is also committed to providing quality pro bono legal services. She has received several awards for her pro bono work, including two Legal Aid Society awards for her role in litigation against New York State to increase housing subsidies for low-income families and a Commitment to Justice Award for her work on an immigration case for Her Justice, an organization that provides legal services to low-income women. Ms. Tabatabai currently serves as Vice President of the Iranian American Bar Association’s New York Chapter and as a Member of the Corporate Leadership Committee of the New York Women’s Foundation. In this discussion, we talk about pretending for family, the importance of talking about secretive issues, and the motivation that comes from having a child.

John Kralik is the author of "365 Thank Yous, the Year a Simple Act of Daily Gratitude Changed My Life", a book that tells the story of how when Kralik wrote 365 thank-you notes to people he encountered in his everyday life over the course of a year. He practiced law for 30 years, and was a partner in the law firms of Hughes Hubbard & Reed, Miller Tokuyama Kralik & Sur, and Kralik & Jacobs. In 2009, he was appointed a judge of the Los Angeles Superior Court. He lives in the Los Angeles area. Learn more about your ad choices. Visit megaphone.fm/adchoices

From full trade embargoes to targeted sanctions and frozen assets, sanctions are an increasingly commonplace tool used in U.S. foreign policy.  Today, a primer on the purpose and design of economic sanctions, from one of the people who helped develop Obama-era sanctions against Russia: Sean Kane, Counsel at Hughes Hubbard and Reed's International Trade Practice. 

Leslie Gittess joins Joe and Tom this week for a conversation on sports tech and sports entrepreneurship. Leslie is the CEO of Blue Sky Media NYC, a media advisory boutique firm, which she founded in 2010.  Her clients have included SnappyTV (acquired by Twitter), Ubersense (acquired by Hudl), PrePlay Sports (acquired by Fanvision), FanDuel (merged with DraftKings), TuneIn, ThePostGame, Thuuz Sports, Marlo Thomas and Narrative Science. She is also a contributor/advisor at the Columbia University Start-up Lab in Soho. Before founding Blue Sky Media NYC, Ms. Gittess spent over 16 years at Major League Baseball Advanced Media and the National Hockey League specializing in all aspects of sports media and digital rights management. Her previous positions include vice president of business development at Major League Baseball Advanced Media and vice president of TV and business affairs at the National Hockey League. Prior to her career in sports, she was an associate at the law firm Hughes Hubbard and Reed in New York City. In this episode, Leslie talks about how she helps sports entrepreneurs succeed and what she looks for in a successful company. Leslie also shares some great career stories, and she talks about her work for the Columbia Start-up Lab. You can find Leslie on Twitter @LGBlueSky and be sure to check out Blue Sky's website http://blueskymedianyc.com/ The Facts The CUSP Show is a production by the faculty of Sports Management at Columbia University. You can get in touch with the program on Twitter @CU_SPS_Sports Our presenters are Joe Favorito (@Joefav) and Tom Richardson (@ConvergenceTR).

For the next two weeks, the Fordham IPLJ Podcast will feature the Fordham IPLJ Symposium, divided into the opening presentation and three panels on various intellectual property topics. In this episode, listen to the IP Licensing & Antitrust Panel. Panelists will discuss the proposed update to the Antitrust Guidelines For the Licensing of Intellectual Property. Moderator: Professor Mark Patterson. Panelists: David Hecht, Associate at Steptoe & Johnson LLP; Frederick Juckniess, Partner at Schiff Hardin LLP; David Reichenberg, Of Counsel at Wilson Sonsini Goodrich & Rosati; Michael E. Salzman, Partner at Hughes Hubbard & Reed LLP   (Audio only file will be added next week)

Identify the best practices for conducting smart searches by listening to The ESI Report. Host and Attorney and Director of Thought Leadership at Kroll Ontrack, Michele Lange, gets expert advice for conducting smart searches and exploring advanced search options to increase the effectiveness of your search protocol from Harris T. Berenson, E-discovery Counsel for Hughes Hubbard & Reed and Alex C. Gross, Legal Consultant at Kroll Ontrack. Then on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, analyzes recent court opinions discussing the hot topic of technology assisted review.