Day: October 24, 2022

Great Structures Week I: Vitruvius, the Brooklyn Bridge and Compliance

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Post date October 24, 2022
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Welcome to the Greetings and Felicitations, a podcast where I explore topics that might not seem directly related to compliance but influence our profession. In this special series, I consider many structural engineering concepts are apt descriptors for an anti-corruption compliance program. In this episode 1, I consider the Roman architect Vitruvius and what makes a structure great. Highlights include:

· The Vitruvius Triad.

· Compliance Program formulations.

· What are form, function, and structure

· Continuous risk and continuous risk management.

· Risks assessments after Covid 19.

Resources

“Understanding the World’s Greatest Structures: Science and Innovation from Antiquity to Modernity,” taught by Professor Stephen Ressler from The Teaching Company.

Tags Brooklyn Bridge, compliance, compliance programs, FCPA, FCPA Resource Guide, risk, Vitruvius

All Things Investigations

All Things Investigations: Episode 14 – Observations on January 6 Committee with Kevin Carroll & Kenyen Brown

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Post date October 24, 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, returning guest Kevin Carroll and Kenyen Brown of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues in white-collar investigations, locally and internationally.

Kevin Carroll is a partner in the firm’s Washington and New York offices, in its white collar and investigations practices. He represents businesses, senior executives, and government officials in congressional and criminal investigations, conducts internal investigations, and litigates national security claims. Kenyen Brown, a partner in the firm’s Washington office, focuses primarily on white-collar criminal litigation and compliance counseling, including matters involving the Foreign Corrupt Practices Act (FCPA) and internal and government investigations. With his extensive white-collar litigation experience and refined judgment, Kenyen served as U.S. Attorney for the Southern District of Alabama to which President Barack Obama appointed him.

Key areas we explore on this podcast are:

Why the Jan 6 Committee report would not be a complete investigation unless they ask former Vice President Pence about what he observed that day.
Because of the constitution of the Committee itself, there has been an absence of partisan rancor, which allowed them to tell a narrative from an investigative standpoint. The American people found this very valuable.
The influence of technology in public hearings and investigations.
The significance of the Jan 6 Committee report.
People may get down into the semantics of what the President knew and argue the policy behind whether or not it was an insurrection, but at the end of the day, people were fearful for their lives.
The clarification of the Electoral Count Act.

Resources

Hughes Hubbard & Reed website

Kevin Carroll on LinkedIn

Kenyen Brown on LinkedIn

The ESG Report

Supply Chain & ESG: Scope 3 Emissions Reporting Strategy with Devin O’Herron and Jared Connors

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Post date October 24, 2022
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In this episode of the ESG Report,Tom Fox is joined by Devin O’Herron and Jared Connors of Assent to discuss Scope 3 emissions reporting as the key to disclosure success. They talk about the importance of accounting for Scope 3 in your emissions strategy.

There are three scope levels within the emissions reporting strategy: Scope 1 refers to things like your vehicle or things you’re doing around your facility; Scope 2 is the purchased heat or electricity powering your facility; and Scope 3 is all those variables outside your four walls. The most important aspect of Scope 3 is purchased goods. This has a large impact on organizations that may not necessarily take in raw materials and directly manufacture those raw materials into a finished good. “Even if your organization designs products and influences those products, you typically will obtain your raw materials components through your supply chain,” Jared says. The supply chain is a very significant factor to consider when coming up with the emissions strategy as a company.

A recent study found that Scope 3 emissions are typically 11 times larger than an organization’s Scope 1 and 2 emissions combined. As mandatory climate disclosure legislation progresses into the future, the overall emissions strategy needs to start accounting for Scope 3 as much as possible. “When it comes to Scope 3 emissions in particular, as we think about things like carbon taxes, risk in terms of risk, if you don’t understand what exactly that applies to your organization, you are missing a big opportunity,” Devin stresses. Organizations need to get a handle on their total emissions footprint. You cannot manage what you do not measure.

Resources

Devin O’Herron on LinkedIn

Jared Connors | LinkedIn

Tom Fox’s email

Assent website

Tags compliance, Devin O'Herron, ESG, Jared Connors, Scope 3 emission, Supply Chain

FCPA Compliance Report

A Dark Day for Dechert

In this episode, I visit with Jonathan Armstrong, partner at Cordery Compliance in London. We consider the recent payment by the international law firm Dechert of £20 million for its conduct and that of its former partner Neil Gerrard in the ENCR affair. The matter was a dark day for Dechert and a black eye on the legal profession. Some of the highlights include:

Key areas we discuss on this podcast are:

· What were the failures of the law firm?

· What led to the £20 million interim payment?

· Will there be discipline against the law firm?

· What is the role of a law firm in overseeing investigations?

· How are the implications of holding investigative data under GDPR going forward?

· Who watches the watchers (and investigators)?

Resources

Jonathan Armstrong on Cordery Compliance

Hannah Walker in Law.com on the scandal