Categories
The Ethics Experts

Episode 127 – Blake Wilson

In this episode of The Ethics Experts, Nick welcomes Michael Duran. Michael is the Senior Vice President and Chief Ethics & Compliance Officer at 3M. Michael leads 3M’s global Ethics & Compliance Department, driving innovations and enhancements to the program to identify, mitigate and address risk and build upon 3M’s strong ethical culture of Be 3M.

Categories
All Things Investigations

All Things Investigations: Episode 7 – Anti-Corruption Issues in International Arbitration with Laura Perkins and Jan Dunin-Wascowicz


 
Welcome to the Hughes Hubbard Anti-Corruption and 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 speak with Laura Perkins and Jan Dunin-Wascowicz about the intersection of international arbitration, anti-bribery, and anti-corruption compliance.
 

 
Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. Jan Dunin-Wascowicz is an expert in cross-border compliance and regulatory enforcement, multi-jurisdictional internal and government investigations, as well as transnational litigation and international arbitration in both commercial and investor-State contexts.
Key areas we discuss on this podcast are:

  • How increased attention to anti-corruption compliance led to increased arbitration.
  • The Biden administration has taken a strong position that foreign corruption and corruption, in general, can be a serious national security concern for the United States.
  • Red flags are tools that identify risk areas of inquiry.
  • The outcomes that can arise when a claim of corruption is brought up defensively or against a defendant.
  • The types of cases that tend to attract anti-robbery and anti-corruption issues.
  • Compliance professionals should properly document their due diligence activities.

Resources
Hughes Hubbard & Reed website 
Laura Perkins on LinkedIn
Jan Dunin-Wascowicz on LinkedIn
 

Categories
The ESG Report

​​Aligning Values with Capital for Purpose with Bill Davis


 
Bill Davis is the founder and Portfolio Manager of Stance Capital. This company mitigates material ESG risks, produces excess returns, and is dedicated to ensuring that public equity portfolios can align with capital and personal values, without sacrificing performance. Tom Fox welcomes him to this week’s show to talk about Stance Capital, how it helps its clients, and greenwashing. 
 

 
Greenwashing
Tom asks Bill to define greenwashing and explain why it is a major problem in ESG. According to Bill, greenwashing is when companies make promises to preserve the environment which are not actually true. Greenwashing is “a marketing claim that does not back up reality,” he tells Tom. It’s an important issue in ESG because we expect companies to be socially responsible. “There is an ethical partnership that goes beyond the basic contract and when it isn’t done it adds a level of frustration,” Bill remarks. Tom comments that he started to seriously think about the environmental aspect of ESG when he looked at his children and thought about what kind of world they were inheriting. He talks about the importance of sustainability and the “very real threat posed by climate risk”, and urges major companies to act quickly to reverse the effects of climate change. 
 
Chasing Shiny Objects
Bill believes that the surge in greenwashing today stems from the large number of companies who want to brand themselves as environmentally friendly without adequate preparation. He says, “I think it’s really just chasing shiny objects; I think lots of firms rush to the market with a product because they see that it is in demand – however, they don’t understand the product.” However, there is an even more dangerous issue of greenwashing: some companies blatantly mislead the industry or investors by marketing their product as fossil-free, although it contains fossil fuels. 
 
ESG in Russia
Tom and Bill discuss how the Russian invasion of Ukraine impacts ESG and how it ties into greenwashing. Bill points out that it’s difficult to discuss only the environmental aspect as Russia also has numerous social and governance issues. He notes that several companies that claim to be environmentally conscious and pro-ESG, do work with other businesses that have worked intimately with Russia over the years. He believes that this is the fault of ESG rating data. “They’re not doing a full job and understanding what they’re buying. And secondly, I think it’s part of the nature of the world – as things are happening so quickly – that sometimes it’s difficult to think of everything in advance.” As an ESG data analyst or fund manager, you should take current events into account so that when the next event happens you can respond more nimbly. 
 
Resources
Bill Davis | LinkedIn | Twitter 
Stance Capital 
 

Categories
FCPA Compliance Report

James Koukios on the MoFo January Int’l Anti-Corruption Newsletter


In this episode of the FCPA Compliance Report, I am joined by fan favorite James Koukios, partner at Morrison and Foerster. In this episode we consider some of the key ABC issues in the always great MoFo Monthly Top 10 International Anti-Corruption Developments for January 2022. Highlights of this podcast include:

  1. Opinion Release 22-01.
  2. Summary Judgment granted in bribery related breach of contract case-use of bribery allegations to get out of contract.
  3. FIFA defendants raise local law defense. What is it and how is it raised and why it has never been successful in a FCPA context
  4. Former CEO of Pemex charged. Is Mexico finally stepping up to ABC enforcement?
  5. South African anti-corruption commission. Will this finally help SA move past capture and a culture of corruption.

Resources
James Koukios on the MoFo website
January International Anti-Corruption Newsletter here

Categories
Daily Compliance News

July 11, 2022 the Musk Pulls Out edition


In today’s edition of Daily Compliance News:

  • Musk cancels Twitter purchase? (WSJ)
  • Defendants walk on DOJ price-fixing case. (Law360)
  • SEC wants more disclosures on Ukraine War impact. (Reuters)
  • FIFA chiefs found not guilty. (ESPN)