Tag: David Simon

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FCPA Compliance Report

FCPA Compliance Report: Managing Compliance and National Security Risks When Doing Business in the DRC, Part 2

In this episode, Tom Fox welcomes David Simon, Partner at Foley & Lardner; Jack Korba, Of Counsel at Foley & Lardner; and Olivier Bustin, a Partner at Pinsent Masons, to discuss doing business in and with the Democratic Republic of the Congo (DRC). This is the second part of a two-part series on this topic, which presents a detailed approach to evaluating and managing travel to a high-risk country or region.

They discuss how companies investing in high-risk jurisdictions like the Democratic Republic of the Congo should treat diligence as ongoing risk management, using tailored controls, audits, and continuous monitoring informed by geopolitical developments and government/regulatory priorities (including signals such as announcements and sector focus, such as critical minerals). The speakers emphasize pragmatism: accepting some ambiguity while designing jurisdiction-specific compliance frameworks, rather than placing standard programs on “autopilot” and maintaining active C-suite and board engagement. They stress building and documenting a rational, risk-tolerant decision process that can be explained to regulators (e.g., DOJ/SEC), including knowing counterparties and local dynamics, implementing real controls, and escalating decisions appropriately. Key pitfalls to avoid include overcommitting to projects beyond risk tolerance and entering transactions without sufficient preparation. The panel also urges compliance leaders not to be paralyzed by fear, to shape opportunities early, and to note market opportunities and signals of U.S. engagement, such as financing for the Lobito railway corridor.

Key highlights:

  • Ongoing Risk Controls
  • Pragmatism In High Risk
  • Regulator Ready Diligence
  • Mistakes To Avoid
  • Where To Start

Resources:

David Simon

Jack Korba

Olivier Bustin

Foley & Lardner

Pinsent Masons

The Democratic Republic of the Congo as a Near-Term Strategic Opportunity for U.S. Companies Part 1

Part 2

Part 3

Tom Fox

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To learn about the intersection of Sherlock Holmes and the modern compliance professional, check out my latest book, The Game is Afoot-What Sherlock Holmes Teaches About Risk, Ethics and Investigations on Amazon.com.

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FCPA Compliance Report

FCPA Compliance Report: Managing Compliance and National Security Risks When Doing Business in the DRC, Part 1

In this episode, Tom Fox welcomes David Simon, Partner at Foley & Lardner; Jack Korba, Of Counsel at Foley & Lardner; and Olivier Bustin, a Partner at Pinsent Masons, to talk about doing business in and with the Democratic Republic of the Congo (DRC). This is the first part of a two-part series on this topic. The guests present a detailed approach to evaluating and managing travel into a high-risk country or region.

The three argue that while governance and logistics risks remain, improved infrastructure and heightened strategic importance of the DRC’s critical minerals (including cobalt, coltan, lithium, manganese, and rare earths) make risks more manageable and the market more relevant, with noted U.S. government continuity across administrations. They discuss opportunities beyond mining, including power, logistics, banking/insurance, tech, entertainment, and education, while emphasizing infrastructure and bankability constraints. Korba outlines national security, sanctions/export controls, and supply chain “adjacency” risks, as well as the need for sector-specific analysis. The panel highlights “choke points” stemming from concentrated power and weak institutions, and Bustin explains why local content/ownership rules and patronage dynamics require diligence that goes beyond nominal ownership. They conclude by applying a risk-based compliance approach, devoting enhanced resources to higher-risk projects and counterparties.

Key highlights:

  • Why DRC Now
  • Beyond Mining Opportunities
  • National Security Risks
  • Choke Points Explained
  • Local Ownership Diligence
  • Risk-Based Compliance

Resources:

David Simon

Jack Korba

Olivier Bustin

Foley & Lardner

Pinsent Masons

The Democratic Republic of the Congo as a Near-Term Strategic Opportunity for U.S. Companies Part 1

Part 2

Part 3

Tom Fox

Instagram

Facebook

YouTube

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To learn about the intersection of Sherlock Holmes and the modern compliance professional, check out my latest book, The Game is Afoot-What Sherlock Holmes Teaches About Risk, Ethics and Investigations on Amazon.com.

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A Yank at Oxford

A Yank at Oxford: Episode 10 – David Simon Looks Forward, Part 2

Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigated the ancient world of Oxford University in pursuit of an MBA. David is a partner at the white-shoe law firm Foley and Lardner and has dedicated his career to white-collar compliance with a heavy international focus. In A Yank in Oxford, David and host Tom Fox talk about what inspired his decision to pursue an executive MBA and where his journey may lead. Today concludes a two-part final episode as David has graduated with a Master’s from Oxford. He discusses some of the insights he garnered and how they might be used going forward.

In this final episode of the A Yank at Oxford podcast, Tom Fox and David Simon discuss some of the insights Simon had from his time in the Oxford MBE program and how he might use some of his new-found skills going forward. Fox and Simon both believe that law firms and other professional services firms need to improve their management practices, drawing on modern business theory. They also acknowledge the potential disruption that technology, particularly AI, can bring to the traditional law firm model.

Both suggest that junior lawyers should aim to become strategic business advisors, capable of solving broader problems, to remain valuable in the face of technological advancements. Fox and Simon also express interest in sharing their insights through writing and potentially developing a course for law students that combines MBA learnings with their experience in a law firm. Join Tom Fox and David Simon on this episode of the A Yank at Oxford podcast for an enlightening discussion on these critical issues.

Key Highlights

  • Expanding Legal Expertise Beyond Traditional Boundaries
  • Expanding Global Networks: Broadening Perspectives and Building Connections
  • Transformative Insights: Navigating the Global Business World
  • The Impact of AI on Law Firm Models

Resources

David Simon at Foley and Lardner

 Tom Fox

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A Yank at Oxford

A Yank at Oxford – David Simon Reflects, Part 1

Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigated the ancient world of Oxford University in pursuit of an MBA. David is a Partner at the white shoe law firm Foley and Lardner, who has dedicated his career to white-collar compliance with a heavy international focus. In A Yank in Oxford, David and host Tom Fox talk about what inspired his decision to pursue an Executive MBA, and where his journey may lead. Today begins a two-part final episode as David has graduated with a Master’s from Oxford. He details the final casework and reflects back on his time at Oxford and in England.

Key Highlights:

  • The Power of Anchoring in Negotiations
  • Collaborative and Client-Centered Legal Services Approach
  • The Value of Doubt in Leadership
  • The Power of Listening in Speak Up Culture
  • Connecting Through Rowing at Oxford

Resources:

David Simon at Foley and Lardner

Tom Fox

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A Yank at Oxford

A Yank at Oxford – Episode 7 – May 2023, Nearing the Finish Line

Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigates the ancient world of Oxford University in pursuit of an MBA. David is a Partner at the white shoe law firm Foley and Lardner, who has dedicated his career to white-collar compliance with a heavy international focus. “My practice touches a lot on some of the sanctions and international trade issues that typically come up on international matters,” he says. In A Yank in Oxford, David and host Tom Fox will discuss what inspired his decision to pursue an Executive MBA and his hopes for where the journey may lead.

In Episode 7, David talks about his courses, including private equity and innovation electives, and his involvement in an exciting entrepreneurship project. With only two modules left, the end-of-term ceremony is fast approaching, and David eagerly awaits the reception at the divinity school. The podcast also covers the evolution of legal advisory roles and the need for a holistic, strategic approach in the age of artificial intelligence. With discussions on disruptive technology, generative AI, and innovative strategies, this episode is to be noticed. Tune in to learn from David’s insights and energize for the final push.

Key Highlights:

  • David’s Oxford Update and Future Plans
  • Professional Growth and Application of New Perspective
  • Evolution of Strategic Advisory Roles
  • Effective strategic advising for lawyers
  • Revolutionizing the Law Firm Model with Disruptive Technology
  • Challenges of implementing open strategy in law firms
  • Innovating with Generative AI in Law Firms

Resources

David Simon at Foley and Lardner

 Tom Fox

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A Yank at Oxford

David Simon on Systems Thinking for Lawyers

Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigates the ancient world of Oxford University in pursuit of an MBA. David is a Partner at the white shoe law firm Foley and Lardner, who has dedicated his career to white-collar compliance with a heavy international focus. “My practice touches a lot on some of the sanctions and international trade issues that typically come up on international matters,” he says. In A Yank in Oxford, David and host Tom Fox will discuss what inspired his decision to pursue an Executive MBA and his hopes for where the journey may lead.

In this Episode 6, we deep dive into a paper Simon wrote entitled Personal Action Plan: How Can I Bring Systems Thinking Into My Legal Practice? We also reviewed his trip to Vietnam and what is left for Simon in the final 9 months in the Oxford program.

1.         Systems Thinking

·      What is Systems Thinking?

·      How is it different from the traditional delivery of legal services?

·      How could it be used in the practice of law?

·      What is Systems Leadership?

2.         Vietnam

·      Current business status in Vietnam.

·      Is corruption a manageable problem?

·       Geopolitical role of Vietnam in the 2020s.

Resources

David Simon on Foley and Lardner

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Innovation in Compliance

The Meta Contract with David Simon

David Simon is a Partner at Foley & Lardner in the firm’s litigation department and a member of their Government Enforcement/Compliance/White Collar Defense Practice Group, Antitrust Practice Group, and Health Industry Team. He specializes in investigations, corporate governance, and government enforcement defense law. He and Tom Fox discuss David’s article “The G in ESG” and the role of compliance in ESG, specifically in the governance aspect of compliance.

The Meta Contract, Governance & Company Culture

An organization’s meta contract represents what the company is truly about to the public. David tells Tom the meta contract is what the company does, who the company is, and what the company isn’t. Governance comes into play by keeping the company on the right track and making sure that it operates in the way it said it would. Culture informs the way an organization adheres to its meta contract, and it starts from the corporate level. Who you hire, who you promote, policies, and internal protocols and procedures all play key parts in this.  

 

Being Authentic 

“One of the things that I see that I’m a little skeptical of is every organization trying to fit itself into the same ESG vision or model,” David remarks. Every organization is different so there’s no one-size-fits-all ESG model. A company’s meta contract sets the expectations on how they present themselves to the world. True value lies in “being authentic and maintaining integrity over how you’re presenting your organization, and what your values are, and who your stakeholders are, and how you rank them in terms of priority,” David remarks.  

 

ESG and Compliance

One of the great things about ESG is it allows compliance to broaden its thinking. A lot of times compliance is only focused on regulatory compliance, but David tells Tom that needs to change. “Compliance professionals need to think more broadly than just the laws and the regulatory framework, to more about what their organizational meta contract is, and they need to take steps to protect their organizations from violating it because it can be disastrous when they do,” David says. 

 

Resources 

David Simon on LinkedIn

The G in ESG

 

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FCPA Compliance Report

David Simon and Mike Walsh on Global Supply Chain Disruption and Compliance, Part 2

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply chain, which I focused on in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 2 of a two-series, we continue our exploration of the current global supply chain and focus on issues relating to China.

Some of the highlights include:

·      Why ever company should prepare for a China confrontation over Taiwan.

·      Is the UFLPA a true game changer for supply chains and compliance?

·      What is the impact of China’s Belt and Road program? It’s debt financing?

·      Why is the global supply chain and indeed the global economy of the past 30 years now dead?

·      What steps compliance functions should take now around the global supply chain of the future.

 Resources

David Simon

Mike Walsh

Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon

Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox

Categories
FCPA Compliance Report

David Simon and Mike Walsh on Global Supply Chain Disruption and Compliance, Part 1

In this episode, I visit with Foley & Lardner partners David Simon and Mike Walsh on the disruption to the global supply, which I explored in the podcast series, Never the Same. They have co-authored an article entitled,  Managing Supply Chain Disruption in an Era of Geopolitical Risk on the topic. In this Part 1 of a two-series, we begin to explore the topic of the events which have led to the disruption of the global supply chain and the impact on compliance functions. Some of the highlights include:

·      What led to the disruption in the global supply chain?

·      Will this continue for the foreseeable future?

·      Why is the global supply chain and the global economy of the past 30 years or so now dead?

·      Why the impact of this supply chain disruption is greater in the EU than in the US?

 Resources

David Simon

Mike Walsh

Managing Supply Chain Disruption in an Era of Geopolitical Risk by Mike Walsh and David Simon

Why Supply Chain Will Never Be the Same After the Russian Invasion by Tom Fox

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A Yank at Oxford

Reflections from Oxford at One Year

Tune in every quarter to learn how David Simon, a 53-year-old lawyer from the US, navigates the ancient world of Oxford University in pursuit of an MBA. David is a Partner at the law firm Foley and Lardner, who has dedicated his career to white-collar compliance with a heavy international focus. In A Yank in Oxford, David and host Tom Fox will discuss what inspired his decision to pursue an Executive MBA and his hopes for where the journey may lead.

In this Episode 5, David reflects on the one-year mark in his Oxford MBA Program.

  1. Reflections at the one-year mark.

It has been amazing in so many ways. I love my classmates, and the core value proposition is my interactions with them. I love Oxford and feel lucky to spend time soaking up the atmosphere. Riding the bus into town makes me feel smarter. And I’ve learned so much – about technical business and commercial issues like accounting, finance, and statistics- but also about the macro-level, big-picture issues that drive society and thus drive business.

  1. Favorite courses so far.

Governance and Ethics.

Global Rules of the Game.

Accounting was surprisingly good.

M&A – mini-MBA in itself.

  1. The Physical Environment

            *          Oldest coffee house in the UK is in Oxford. There’s a theory about the coffee house’s importance to the Enlightenment’s emergence. Lots of people with different ideas bouncing around but similar themes. Brilliance of being immersed in an environment of smart, curious, open people.

            *          Thinking about all kinds of issues in different ways and thinking deeply and reading deeply about big societal issues that massively affect business enterprise – my clients – and government and policy.

            *          Presentations and Papers on:

  • Supply chain and geopolitical risk.
  • US/China relations and decoupling.
  • ESG – theory, and practice.
  • Human Rights – Forced Labor/Child Labor in Supply chains and the ethics and practical compliance challenges.
  • The Beatles and the Get Back documentary and leadership lessons learned.
  • Techniques for promoting virtue and ethics in organizations.
  • CSR is a means to develop a sustainable competitive advantage for a business.
  1. What’s coming up?

Global Opportunities and Threats Oxford:  Apply systems thinking too big complex problems. We’re focusing on food security.

Vietnam – Emerging Markets course

  1. What has been some fun stuff?
  2. Rowing
  3. College dinners
  4. Wimbledon
  5. Queen’s funeral – being in the UK