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Coffee and Regs

Code of Ethics: A Win-Win-Win for Compliance, Employees and the SEC

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EMBARGOED!

EMBARGOED! Episode 34: Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China)

Brian and Tim check in on a wide range of topics, including the newly issued Hong Kong Business Advisory, the U.S. response to the crackdown in Cuba, the fate of Nord Stream 2, and the (possibly dimming?) prospects for JCPOA 2.0. Then, in the Lightning Round, we spend a few minutes sharing our thoughts on the first six months of sanctions and export controls enforcement activity under the Biden administration.

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Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
Timestamps:
0:10 Introduction and Roadmap
The Rundown
4:30 Hong Kong Business Advisory
14:38 The Cuban People Rise Up… and Sanctions Follow
27:34 U.S.-Germany Agreement on Nord Stream 2
39:10 The Latest on JCPOA 2.0
52:45 Lightning Round: Early Trends in Biden Era Enforcement
1:05:55 Final Thoughts
***Stay sanctions free.***
 

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Jamming with Jason

Get Out of the Echo Chamber


You’re in an echo chamber and probably don’t even realize it. In this #JammingwithJason #podcast episode we look into how your echo chambers are probably holding you back in realizing your potential, and how you can break free. I’m also sharing some thoughts on the recently released 2021 North American Pulse of #InternalAudit report. Take a listen and then read the report for yourself. Choose what to believe and what not to believe. Most importantly, make your own decisions and stop letting other people tell you what to believe and what to do.

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Compliance Kitchen

New Belarus Sanctions from the UK

 
Listen in as the Kitchen takes a look at the recent Belarus sanctions news from the UK, where the government issues Belarus General License for Air Traffic Control Services and few days later Designates Belarusian JSC AGAT-Electromechanical Plant.  Across the big pond, OFAC issues General License 5G for PDVSA 8.5% Bond.

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The Ethics Experts

Amii Barnard-Bahn on the Promotability Index

In this episode of The Ethics Experts, Nick welcomes Amii Barnard-Bahn, managing principal of Barnard-Bahn Coaching & Consulting and author of the “Promotability Index,” to the show.

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The ESG Report

The SEC and ESG with Karen Woody


 
Tom Fox welcomes Karen Woody, Assistant Professor of Law at Washington and Lee University and “uber SEC watcher”, to this week’s episode of the ESG Report. They have an engaging discussion about how the SEC views its role in advancing ESG, and how ESG can impact potential investment opportunities.
 

 
Pushing ESG Forward
The SEC is driving the conversation on ESG disclosures, Karen tells Tom. Their new reporting guidelines on climate risk will be out soon, and they believe there should be more robust reporting in other ESG areas as well. Corporate America should not be surprised, Karen says, as “there’s a very clear link between climate risk and even investor risk and financial risk…” Better reporting will ensure that investors have a better understanding of their investment risk.
 
ESG Overlap
The Exxon shareholder revolt is a great example of how environmental and governance issues can overlap. This case, Karen remarks, “says a lot about governance and activists and the power you can have with what was a very small sliver of control.” Another area of overlap is between social and governance, especially regarding compensation. “It’s an interesting time to be watching this field because it hits on every aspect of life in some ways,” Karen comments. Investors are increasingly looking at ESG as a material factor in deciding where they want to invest.
 
Part of the Total Mix
More investors see ESG as part of the total mix when deciding if an investment is sound. Karen believes that the SEC will move towards more robust ESG reporting standards, but these will be qualitative rather than quantitative. They’re also becoming more strict about enforcement, she tells Tom. Tom asks her to contrast the difference in approach toward ESG between the Trump and Biden administrations. She responds that the ESG is more of a priority under Biden and explains how the SEC is helping to further that agenda.
 
Resources
Karen Woody on LinkedIn | Twitter | Washington and Lee University of Law
 
 

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FCPA Compliance Report

Mike DeBernardis on Enforcement and Oversight in Q2-2021


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:

  1. FCPA prosecutions. In the corp sphere, only one doesn’t really mean anything going forward.
  2. FCPA Individual Prosecutions. Is the Yates Memo finally leading to results?
  3. 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?
  4. FCA, Fraud in PPP and PPE. Where to you see this going?
  5. What about SEC enforcement actions? Will we see more in the areas of accounting fraud, SPACs, climate change and ESG areas?
  6. Do CCOs really need to worry about individual enforcement actions?
  7. What about environmental crime enforcement actions?

Resources 
Mike DeBernardis on the HughesHubbard website
Mike DeBernardis on LinkedIn

Categories
Daily Compliance News

August 2, 2021 the To Travel or Not to Travel? edition


In today’s edition of Daily Compliance News:

  • Did Deutsche bank fire a whistleblower. (WSJ)
  • Rethinking travel. (NYT)
  • Will there be a ‘great return’ to the office? (FT)
  • SEC cracks down on China listings. (FT)