Day: September 12, 2022

All Things Investigations: Episode 11 – The GC Role in CCO Certification with Mike Huneke

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Post date September 12, 2022
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Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Mike Huneke of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white collar investigations, locally and internationally.

Mike Huneke is a partner in the firm’s Washington office. Among many other things, Mike advises clients on the navigation and resolution of multi-jurisdictional criminal or Multilateral Development Bank (MDB) anti-corruption investigations, assisting companies subject to post-resolution monitorships or other commitments, and designing and executing risk-based strategies for due diligence on third parties.

Key areas we discuss on this podcast are:

Explaining the new CCO certification policy the DOJ has released.
The DOJ has likely made changes to CCO certification policy due to a significant feeling of mistrust about the adequacy of some companies’ compliance with the terms of settlements.
How has the DOJ evolved?
Reasonableness is not a factual basis.
Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification.
What is the role of the monitor?

Resources

Hughes Hubbard & Reed website

Mike Huneke

Tags CCO Certfication, DOJ, General Counsel, Mike Huneke

The ESG Report

Hughes Hubbard & Reed’s New ESG Resource Guide, Part 2

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Post date September 12, 2022
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Tom Fox welcomes Alexandra Poe, Andrew Fowler, and Bryan Sillaman of Hughes Hubbard & Reed (HHR) to part two of this series of the ESG Report. Hughes Hubbard & Reed released their newest ESG guide with practical guidance about the most common issues in establishing an ESG program. It also gives companies resources to help them comply with the evolving ESG expectations of regulators and investors.

Key ESG Topics In the Resource Guide

Tom asks Andrew and Alexandra to highlight the key ESG topics seen in the corporate sector that are covered in the resource guide. Alexandra says that before companies tackle any technical compliance concerns they must first understand that “[technical compliance] is a topic that involves governance strategy and mission and culture questions”. This chapter of the resource guide urges corporations to focus on the current trends.

Andrew explains that there are many evolving ESG topics in this new social and political climate, so it may be difficult to choose umbrella topics for the corporate sector. However, he explains that most topics can fall into the category of risk assessment. Stakeholders and investors always need to ensure they’re investing in a safe business, so risk and mitigation planning is always a main issue.

The Regulatory Environment

Tom asks Bryan how he assesses the regulatory landscape. Bryan says that the regulatory environment is constantly and rapidly evolving and it varies from region to region. The EU is more advanced than the US when it comes to regulatory efforts: they have several laws in place to limit greenwashing and identify environmentally friendly activities and sustainable economic activities. However, with the SEC rules in the final stages of being implemented, the US is on pace to become an ESG-friendly landscape.

ESG From An Investor’s Perspective

Tom asks Alexandra to discuss how ESG is viewed by funds and investment advisors. Alexandra explains that ESG is viewed as an expensive commodity within the US. ESG regulations are better implemented by the private sector. The private sector is more likely to urge itself and government-based companies to make better disclosures and examine their practices better. She points out that companies always follow through with the ESG regulatory efforts they implement because it boosts their public image and aligns with their mission statement.

Resources

Alexandra Poe | LinkedIn

Andrew F. Fowler | LinkedIn

Bryan Sillaman | LinkedIn

Hughes Hubbard & Reed | How to ESG: A Resource Guide for Establishing an ESG Program for your Company

Tags Alexandra Poe, Andrew Fowler, Bryan Sillaman, ESG, Hughes Hubbard

FCPA Compliance Report

2023 World’s Most Ethical Companies Applications Open

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Post date September 12, 2022
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In this episode of the FCPA Compliance Report, I am joined by Erica Salmon Byrne, President of Ethisphere and Chair of the Ethisphere’s Business Ethics Leadership Alliance. Some of the highlights include:

1. Ethisphere announces the 2023 World’s Most Ethical application process.

2. What is the application process?

3. What is the Ethics Quotient and why is it such a useful measure?

4. What are the 5 categories of evaluation?

5. Why is going through the application process itself so useful?

6. How can a company use it as a benchmarking exercise?

7. How does the Ethisphere “The Sphere” interact with the application process?

8. What are the 6 archetypes of value creation?

Resources

Erica Salmon Byrne

Ethisphere

World’s Most Ethical Companies application process, here