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The Ethics Experts

Episode 119 – Christopher Michaelson

In this episode of The Ethics Experts, Gio welcomes Christopher Michaelson. Christopher Michaelson is an ethics professor and business advisor who studies how meaning and purpose in life and at work can improve our own and others’ lives. Throughout his career, Christopher has built bridges between scholarship and practice. After earning his Ph.D. in philosophical ethics and aesthetics, he was one of the first consultants in a business ethics advisory practice in the New York office of a Big Four firm.

Categories
All Things Investigations

All Things Investigations: Episode 2-From US Attorney to ESG Advocate


 
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, 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
 

Categories
The ESG Report

Greenwashing or Getting in Trouble While Trying to Do Good with Jonathan Armstrong


 
Jonathan Armstrong has been looking at ESG from a unique angle for quite some time. In this episode of the ESG Report, he and Tom Fox are taking a look at greenwashing, and how trying to do good can end badly.  
 

 
The Issue of Greenwashing 
One area where people can do wrong by trying to do good is combining the energy crisis with ESG. Corporations attempt to get with the ESG program by talking about carbon neutrality or the use of renewable power, but many have gone beyond simply saying ‘We are carbon neutral!’ to sound more like ‘We’re doing what’s best for the planet!’ Making these claims potentially subject your company to fair trading law across Europe, and can lead to fines or even prison in extreme cases, if the statement cannot be backed up. 
 
The Dark Side 
The production of solar panels, wind turbines, and biofuels are associated with a number of issues, including forced labor, armed conflict, corruption, ecosystem destruction, and allegations of fraud and money laundering. Jonathan discusses all of these, making it clear that, “We shouldn’t necessarily assume green is good.”
 
Responses of the EU & UK 
The biggest response has come from the UK parliament, which have had a specific inquiry into supply chains and proposals for new legislation, including a toughening of the UK Modern Slavery Act. Jonathan’s advice is to provide complete due diligence on who is selling the goods, and where they are coming from, to ensure a good ESG program. “A corporation does not have a good ESG program if one of its first acts is being prosecuted for abuses involved in alternative fuel source production,” he tells listeners.
 
RESOURCES 
Tom Fox’s email
Jonathan Armstrong | LinkedIn | Twitter
 

Categories
FCPA Compliance Report

Matt Galvin and Dan Kahn, Part 2-Reflections on the Monaco Speech

This episode of the FCPA Compliance Report begins a special two-part series with two well-known compliance professionals. Matt Galvin, most recently the CCO at AB-InBev and Dan Kahn, former acting Deputy Assistant Attorney General of the Criminal Division, Chief of the Fraud Section, and Chief of the FCPA Unit. Dan is now in private practice at DavisPolk. In this concluding Part 2, we take a deep dive into the Lisa Monaco Speech focusing on how the DOJ might look to access corporate culture, the Speech’s effect on the Benczkowski Memo, using the Monaco Speech and other external information for internal corporate presentations and the DOJ reviewing other corporate misconduct.

Resources

Matt Galvin on LinkedIn

Dan Kahn at Davis Polk

Categories
Daily Compliance News

April 18, 2022 the Bribes in Britain Edition


In today’s edition of Daily Compliance News:

  • Ex-BOA trader admits to spoofing. (WSJ)
  • Exxon fined in Alex Oh litigation sanction. (Reuters)
  • UK Coca-Cola boss admits to taking bribes. (BBC)
  • Former Fresenius GC claims whistleblower retaliation. (WSJ)