Categories
Corruption, Crime and Compliance

Episode 238 – 2022 FCPA Enforcement Trends . . . So Far


In following the Justice Department and the Securities Exchange Commission FCPA enforcement actions, I am always reminded of the popular phrase — “reading the tea leaves.” (or “tasseography,” a fortune-telling method based on tea leave patterns in tea sediments). Despite a slow initial year in 2021, the Biden Administration’s stamp and push on FCPA enforcement is becoming clear. Keep in mind, DOJ and SEC officials have promised a new, tougher approach to FCPA enforcement. Change in government enforcement policies, and results take time. However, no one expected the changes to take this long. In addition, the initial enforcement push has raised some interesting questions concerning the specific steps taken by enforcement officials. In looking at the most recent FCPA enforcement actions (i.e., Stericycle, Glencore, and Tenaris), there are significant new trends and some important issues. In this episode, Michael Volkov reviews the important trends and issues surrounding FCPA Enforcement in 2022.

Categories
Never the Same

ESG Will Never Be the Same

After the Russian invasion of Ukraine, the business world will never be the same again. Deputy Attorney General Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is, of course, Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate. Over this five-part podcast series, I will consider how the business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, CEO of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and ESG. In this concluding Part 5, we look at perhaps the business area with the greatest changes from the Russian invasion, ESG. Highlights include:

·      Why ESG will never be the same.

·      Companies must have a holistic approach to ESG.

·      Reputational damage as a top-line expense.

·      ESG must be managed proactively.

·      Does your corporate ethical values stand for freedom and democracy or something less.

Categories
The Woody Report

Caremark Claims, Part 1

Welcome to The Woody Report, where Washington & Lee School of Law Associate Professor Karen Woody and host Tom Fox discuss issues on white-collar crime, compliance issues, international corruption, securities and accounting fraud, and internal corporate investigations. From current events to topical issues to academic research and thought leadership, Karen Woody helps lead the discussion of these issues on the new and exciting podcast. Today Tom and Karen are an exploration of the Board of Directors’ role in a compliance program through an exploration of the Caremark decision, some of its progeny and then the modern era of Caremark litigation, which began with Marchand, the Bluebell Ice Cream case.

Resources

Karen Woody on LinkedIn

Karen Woody at Washington & Lee, School of Law

Categories
FCPA Compliance Report

Erica Salmon Byrne on The Sphere


In this episode of the FCPA Compliance Report, I welcome back Ethisphere President and Chair of the Business Ethics Leadership Alliance, Erica Salmon Byrne, who talks about an exciting new innovation and service offering called The Sphere. Through this offering and for the first time, Compliance  Professionals can easily benchmark against the practices of companies with exceptional programs to identify gaps, benchmark and access a wealth of insights and resources to guide improvements.
Key areas we discuss on this podcast are:

  •  What is The Sphere?
  •  The data and resources are built into it.
  • The ease of access.
  • Where can listeners find this podcast?

Resources
Ethisphere
The Sphere
Erica Salmon Byrne on LinkedIn

Categories
12 O’Clock High-a podcast on business leadership

Andrew Johnson: Part 1-Early Years to VP Nomination


12 O’Clock High, a podcast on business leadership brings together stories from history, the arts and movies, research and current events to consider leadership lessons. Richard Lummis and Tom Fox return to their exploration of American Presidents as they begin a two-part series on Andrew Johnson. In this Part 1, they discuss Johnson’s early life up to his nomination as Lincoln’s Vice-Presidential running mate in 1864.  Highlights include:
·      Early Life
A.    Childhood
B.    Move to Tennessee
C.     Slave Owner 
·      State Political Career 
A.    Friend of the workingman?
B.    Was he a Whig or Democrat?
·      Federal Political Career
A.    US House
B.    US Senate-Homestead Act 
·      Up to the Civil War
A.    Nominations of 1860 and election
B.    Succession Crisis
·      Leadership Lessons
A.    Assessment of Johnson up to this point
B.    Final Thoughts
Resources
Andrew Johnson-UVA Miller Center
Is Andrew Johnson the worst president in American history?
Andrew Johnson: The most-criticized president ever?

Categories
Daily Compliance News

June 24, 2022 the Never the Same Edition


In today’s edition of Daily Compliance News:

  • DOJ creates unit with corporate expertise. (WSJ)
  • Nikola founder faces new fraud charges. (Reuters)
  • Why business after Ukraine will never be the same. (CCI)
  • Mexico and Brazil fall behind on ABC efforts. (BBC)
Categories
Blog

Why ESG Will Never Be the Same After the Russian Invasion

After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General (DAG) Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate.
Over this five-part series, I have considered how business will never again be the same and how a confluence of events has changed business forever. I have been joined in this exploration by Brandon Daniels, Chief Executive Officer (CEO) of Exiger. We have explored the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and environmental, social and governance (ESG). In our concluding Part 5, we consider why ESG will never be the same after the Russian invasion of Ukraine.
The pandemic led to an explosion of ESG awareness and forward movement. This was driven much more by the business world, from institutional investors, to shareholders, employees, and other stakeholders to financial institutions and even insurers, rather than through regulatory change. They are all now evaluating business prospects, targets and partners through an ESG lens. Many businesses have responded by upping their ESG game through sustainability officers, more robust ESG programs and similar efforts. However, these efforts were in many ways siloed within the three broad categories of ‘E’; ‘S’; and ‘G’. What the Russian invasion of Ukraine drove home was the need for a more holistic approach to corporate ESG.
ESG is now a key national security interest of democracy. The transparency mandated by ESG programs, through government required disclosure or private sector required disclosure also ties into the other areas of business change we have explored over this series. Obviously, the disruption in the supply chain of key minerals coming out of Russia, such as aluminum or fossil fuel, is an important issue but companies which tried to continue to use those resources faced a much greater risk and economic sanctions; that being reputational risk. Daniels remarks, “in terms of social issues, companies were forced to comply with sanctions, but then there were boycotts against companies that maintained relationships with the Russian autocracy. There were boycotts against companies that had ties to Russian oligarchs.”
It is this impact on reputational damage which has changed ESG going forward. Regulators can certainly levy and assess fines based upon violations of laws and regulations. For many businesses, however, this is simply seen as a cost of doing business, a below the line cost such as a corporate legal department of compliance function. However, hits to reputational damage are above the line costs meaning they eat directly into sales, revenue, and success. Moreover, your market cap and the valuation of your business are both based on revenue so any hit to your top line could significantly impact your organization in a very negative manner. If your organization is seen as supporting autocratic regimes who nakedly wage wars against women and children or your company purchases goods which were made by Uyghur slave labor; a very large swath of the consuming public will not want to purchase your products or even do business with you. The risk is simply too high.
This has led Daniels to reflect that consumers want to purchase and transact with purpose driven businesses. He said, “What is more purpose driven than supporting democracy and supporting the arrest, the fight against a brutal regime that is quite literally killing innocent women and children. This is not a question of risk management or risk appetite. This is a question of deciding whether or not you as a brand can stand for the ideals of freedom and the ideals that we have for an inclusive and fair and open and democratic world. When we talk about purpose driven, we have to remember that what people are demanding, is a company that aligns with their values, aligns with their ethics.”
All of these factors will change ESG forever and how companies’ approach ESG. Your organization must not only more fully integrate ESG into the overall business strategy, but your organization must integrate the ‘E’, the ‘S’ and the ‘G’ through a cohesive approach to all three all the way up to the Board level. Daniels noted that many companies were caught “flat-footed” by the Russian invasion of Ukraine. Looking across the three pillars of ESG, the Russian invasion of Ukraine forced companies to take ESG more seriously. Daniels said, “it codified and solidified in people’s minds, the need to manage ESG as a part of reputational brand value. You have to look at ESG proactively because trying to react to these situations causes so much turmoil.”