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MoForecast

MoForecast: Predictions on U.S. Attorney’s Offices


In this episode of MoForecast, Morrison & Foerster partner James Koukios speaks with fellow partner s Josh Hill and Christine Wong about what to expect from US Attorney’s Offices under the new Biden Administration.

Morrison & Foerster LLP (MoFo) · MoForecast: Predictions On US Attorney’s Offices

James Koukios is co-chair of Morrison & Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group and serves as co-head of the FCPA + Global Anti-Corruption Practice. James represents companies and individuals in high‑stakes government enforcement actions and complex internal investigations. He previously served as a federal prosecutor at the U.S. Department of Justice (DOJ), where he was the lead prosecutor in two landmark FCPA related trials: United States v. Esquenazi and United States v. Duperval. While at DOJ, James also served as lead prosecutor in United States v. AEY Inc., a defense procurement fraud and export licensing case that served as the basis for the 2016 film War Dogs. He also previously served as Special Counsel to then-FBI Director Robert S. Mueller, III.
About the Speakers
 James Koukios is co-chair of Morrison & Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group and serves as co-head of the FCPA + Global Anti-Corruption Practice. James represents companies and individuals in high‑stakes government enforcement actions and complex internal investigations. He previously served as a federal prosecutor at the U.S. Department of Justice (DOJ), where he was lead prosecutor in United States v. AEY Inc., a defense procurement fraud and export licensing case that served as the basis for the 2016 film War Dogs. He also previously served as Special Counsel to then-FBI Director Robert S. Mueller, III.
James is joined in this episode by:

  • Josh Hill, partner in Morrison & Foerster’s San Francisco office and former federal prosecutor
  • Christine Wong, partner in Morrison & Foerster’s San Francisco office and co-chair of the Securities Litigation, Enforcement and White Collar Defense group

The Morrison & Foerster team is made up of talented defense lawyers, including many who once served as prosecutors and regulators. The team helps firm clients resolve their legal issues by immersing themselves in how their clients think and operate. Learn more about the firm’s Investigations + White Collar Defense group.
 

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Life with GDPR

The Experian Enforcement Notice Case


In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the Experian enforcement action. Recently, the UK Data Protection Authority, the Information Commissioner’s Office (ICO), slapped Experian with an enforcement notice requiring the company to make major changes to how it processes personal data in its UK marketing services business. The main themes in the investigation, which targeted various players in the credit referencing industry, centered on “invisible processing”, “over processing”, providing insufficiently clear privacy information and using certain lawful bases incorrectly for processing people’s data. Some of the highlights are:

  1. Background to the case.
  2. Why did the other credit rating agencies agree to the ICO terms?
  3. This matter is about the Enforcement Notice and not fines and penalties.
  4. Why is transparency essential in data processing?
  5. How does big data make all this more difficult?
  6. What are ‘legitimate interests’?

Check out the Cordery Compliance, client alert on the Experience matter, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

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The Walden Pond

Your Employees Will Expect to be Paid Daily in 2021 – Here’s what you need to know from a legal perspective


In this episode, Vincent Walden welcomes back Jason Lee, CEO of DailyPay to the Pond to discuss the earned-wage access business model and how major employers like Kroger, Target, Dollar Tree, and many others are rethinking how employees get paid in an efficient, compliant manner.

Covid has changed how we think about work and the people who do it, and Jason Lee believes that this new understanding of our reliance on the hourly workforce is going to create the impetus to serve and honor them more effectively. One of the ways this is going to be happening is through the earned-wage access. Rolling this out is a meaningful and valuable benefit for employees, but there are compliance issues that companies need to be aware of.
Jason says that it is incumbent upon employers to make sure that they are in compliance on three key issues: when taxes are owed and paid, wage and hour compliance and payroll deductions, and the issue of whether earned-wage access is being treated like a loan.
Resources:
Jason Lee at DailyPay / LinkedIn

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Everything Compliance

Episode 70, the Holiday Edition


Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Jonathan Armstrong, Jay Rosen, Jonathan Marks, Matt Kelly and Mike Volkov for a deep dive into plethora of topics in this special holiday edition. We end with a veritable mélange of rants and shouts outs.

  1. Jonathan Armstrong data privacy issues related return to work in the new year after most employee spent 2020 working from home. Armstrong shouts out the scientist who spearheaded the research which has led to the Covid vaccines.
  1. Jay Rosen looks at what a company needs to do to get through a monitorship. Jay rants about the San Francisco 49ers leaving California to play in one of the country’s biggest Covid-19 hot spots, Arizona.
  1. Matt Kelly considers the changes in enforcement, policy and focus in the SEC and other regulatory agencies under the Biden Administration. Matt shouts out to Georgia Secretary of State Brad Raffensperger who has withstood criminal actions by the Trump Administration to secure a fair vote from Georgia.
  1. Mike Volkov looks at the Vitol FCPA settlement and how it may portend greater inter-agency cooperation in corruption and anti-competitive enforcement actions. Volkov rants about Gary Cohen, former head of Goldman Sachs and his refusal to allow the Goldman mandated clawbacks for the firm’s 1MDB corruption and fraud.
  1. Jonathan Marks looks at Board of Directors and sees the Dunning-Kruger Effect of over confidence and lack of self-awareness in many areas of corporate governance. Marks rants about the NLF not giving a flip about player safety around Covid-19 all the while moving games without any thought to competition.
  1. Tom Fox gives a bittersweet shout out David Prowse who recently died. Prowse was the first actor to play Darth Vader albeit voiced by James Earl Jones. 

The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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Daily Compliance News

December 10, 2020-the Facebook Sued edition


In today’s edition of Daily Compliance News:

  • US and States sue Facebook? (WaPo)
  • How bad was PPP fraud? Very bad. (NYT)
  • Chinese corruption sanctioned. (WSJ)
  • GE agrees to fine for misleading investors. (WSJ)