Categories
FCPA Compliance Report

Executives at Risk Report Summer/Fall 2019

In this episode I visit with Lauren Briggerman, Member at Miller & Chevalier and Katherine Pappas, Counsel at Miller & Chevalier about the firm’s most recent edition of the publication Executives at Risk, the Summer/Fall 2019 edition. Some of the highlights include:
What is the publication “Executives at Risk”?
What were some of the noteworthy Investigations covered in the report?
Pharma Executives Charged in Second Criminal Case Involving Improper Opioid Sales. a.Are more executives in danger from the ongoing opioid trials and enforcement actions? b.What are some of the Cartel issues covered in the report?
Two Foreign Shipping Executives Charged in Ongoing Ocean Cargo Shipping Cartel Scheme. a. Why do executives need to be concerned with this Administration’s trade sanction policy?
There was one significant criminal trade secret case as a former Uber executive was charged with Trade Secrets Theft from Google. These matters are usually civil matters. Why is this case a criminal matter?
We consider the extradition matter involving a Société Générale banker living in France deemed a fugitive by U.S. Judge. What does this mean for non-US executives?
We visit about the policy developments from the DOJ-the Evaluation of Corporate Compliance Programs. I ask, what is its significant for Executives?
Resource
Executives at Risk-Summer/Fall 2019 Edition

Categories
Daily Compliance News

December 2, 2019, the Will Corruption Kill Off Venice edition

In today’s edition of Daily Compliance News:

  • Tesla, market research and risk management. (WSJ)
  • Is climate change a business risk, business opportunity or both? (Washington Post)
  • Whither Hong Kong as global hub? (NYT)
  • Will corruption finally kill off Venice? (FT)
Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 5, Evolution of Situations Requiring Monitors

In this special five-part podcast series, I have been joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. We have discussed various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships. and the continuing evolution in monitorships. Today, in this concluding Part 5, we consider the continuing evolution in monitorships. Some of the highlights include:
·       There is growth in monitoring entities that have violated data privacy laws, either because they have suffered a data breach, or have misused data they control.
·       Can you elaborate on data privacy and monitoring?
·       Can you tell us how monitorships fall into different categories based on the type of remediation effort the monitorship is meant to achieve?
·       How should companies prepare for a monitorship?
·       Does AMI take on pro-active monitorships?

Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 4, Cultural Differences in Int’l and Domestic US Monitorships

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In Part 4, we consider the cultural differences between international and US domestic monitorships. Highlights include:
·       How do cultural differences and legal process affect the structures a monitorship of an entity or individuals?
·       Differences between US and other countries related to dealing with Corporations and Individuals?
·       Why are cultural considerations important for a monitor working with multi-nationals?
·       How does working with foreign regulators impact the consideration for a monitor?

Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 3, International Teaching

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In this Part 3, we consider how Gordon’s teaching compliance and investigations at the International Anti-Corruption Academy inform her view of wide-ranging cultural differences in monitorships. Highlights include:
·       What is the International Anti-Corruption Academy?
·       Who attends?   Cultural Differences must be an interesting aspect of the Academy.
·       What do you do at the Academy?
·       How do the cultural differences come into consideration when teaching compliance at the Academy?
·       Is the subject of data/technology having an impact in building and operating entity-wide compliance programs?

Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 2, ABA Guidelines on Monitors

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In episode 2, we discuss the ABA Guidelines on Monitors. Highlights include:
·       Mikhail’s involvement with ABA
·       The ABA, via its Criminal Justice Section, issued Standards for Monitors.  What are they and why are they important?
·       Use of Monitors by more than DOJ
·       The ABA Standards extend into civil and criminal proceedings.
·       Monitors are known by a variety of names including external compliance officers, ombudsmen, Independent Private Sector Inspectors General (IPSIGs), etc

Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 1, Why Independence in a Monitor Matters

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. Today, in Part 1, we consider why independence in monitors is so critical. Highlights include:
·       Regulator Considerations
·       Former Collogues:  Appearance of Conflict
·       Informal Sympathies
·       The value of an independent to a company that needs a monitor