Tag: HHR

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All Things Investigations

All Things Investigations – Mike DeBernardis on Considerations for FCPA Trials

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR partner Mike DeBernardis on the considerations of trying an FCPA case.

Tom and Mike deeply dive into the complexities of preparing for and trying an FCPA case. It includes negotiating with corporate and individual clients involved in criminal cases. It is often easier to convince corporate clients to cooperate with government entities and engage in negotiation processes. Conversely, individual clients, driven by strong convictions of their innocence, can be resistant unless negotiation results in a non-prosecution decision. We highlight the challenging conversations defense counsels must have with individual clients regarding realistic outcomes, including discussing the strengths of the prosecution’s case and potential plea deals. Establishing early discussions about acceptable outcomes and strategies is vital to navigating these difficult negotiations.

Key highlights:

  • Corporate vs. Individual Clients
  • Challenges in Defense Counsel
  • Discussing Plea Deals
  • Importance of Early Negotiation

Resources:

Mike DeBernardis

Hughes Hubbard & Reed Website

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All Things Investigations

All Things Investigations – Implications of Trump’s FCPA Executive Order with Mike DeBernardis

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR Partner Mike DeBernardis to discuss the recent executive order by the Trump administration to pause the enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days.

They take a deep dive into the potential implications for compliance programs, the continuing relevance of the FCPA, and the broader legal and business effects of this temporary halt. The conversation also explores how companies might navigate this hiatus, consider the long-term implications, and maintain robust compliance standards despite the pause in enforcement. Highlights include Mike’s insights on the intersection of compliance and business efficiency and the potential for non-US authorities to fill any enforcement void created by the U.S. Department of Justice’s pause.

Key highlights:

  • Executive Order on FCPA Enforcement
  • Implications for FCPA Compliance
  • SEC and Business Implications
  • Compliance Programs and Business Practices
  • Future of FCPA Guidance
  • Opportunities for Compliance Officers

Resources:

Hughes Hubbard & Reed website

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All Things Investigations

All Things Investigations – CFIUS: Balancing Security, Investment and Innovation with Sean Reilly

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by Sean Reilly to explore the Nippon Steel/US Steel transaction.

We begin with an in-depth explanation of the Committee on Foreign Investment in the United States (CFIUS) and its role in scrutinizing foreign transactions for national security risks. The conversation highlights the complex and detailed CFIUS filing process, stressing the importance of early compliance counsel involvement to avoid potential roadblocks. The discussion extensively covers the Nippon Steel and US Steel transactions, pointing out key developments and underlying political influences and analyzing how President Biden eventually barred the potential acquisition.

In an addendum, the conversation also touches on recent changes under the Trump administration, emphasizing the need for companies and compliance officers to adapt dynamically amidst rapidly evolving regulations. Sean advises on practical steps for businesses considering transactions that might trigger CFIUS involvement, underscoring the importance of engaging with the committee early and thoroughly. The episode is an essential guide for corporate compliance professionals navigating the complexities of cross-border transactions and national security considerations.

Key highlights:

  • Understanding CFIUS
  • Nippon Steel and U.S. Steel Acquisition
  • CFIUS Concerns and Political Implications
  • Advice for CFIUS Compliance
  • Developments under Trump and Future Outlook

Resources:

Hughes Hubbard & Reed website

Sean Reilly

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All Things Investigations

All Things Investigations – Mike Huneke on Navigating Uncharted Waters: Compliance Strategy in a Changing Administration

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox joined Mike Huneke to explore the impact of the recent election on corporate compliance and enforcement.

Key topics include the continuity of corporate enforcement, the focus on national security in anti-corruption efforts, and the implications of U.S. policies on business operations in China. The dialogue also highlights the importance of a holistic and multidisciplinary approach to risk management and the need for corporations to engage in public policy discussions proactively. Mike provides a nuanced perspective on how businesses can navigate the evolving regulatory environment through detailed analysis and real-world examples.

Key highlights:

  • Corporate Enforcement Trends
  • FCPA Enforcement Policies
  • China Policy and Business Implications
  • Holistic Risk Management Framework
  • Proactive Public Engagement

Resources:

Hughes Hubbard & Reed website

Mike Huneke

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All Things Investigations

All Things Investigations: FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In part 5 of the 5-part series, host Tom Fox is joined by Sam Salyer on some key trends and highlights in enforcement and compliance from 2024.

Tom and Sam explore the smaller number of corporate enforcements and the significance of four individual trials, including the notable Myrta and Aguilar cases. Sam elaborates on the DOJ’s updated Evaluation of Corporate Compliance Programs (ECCP), emphasizing the importance of emerging risks and technology. They also delve into the DOJ’s new whistleblower program, its implications for internal compliance professionals, and the potential effects of the recently signed Foreign Extortion Prevention Act. This episode is a comprehensive wrap-up for compliance officers and legal professionals aiming to stay ahead in 2024.

Key highlights:

  • Enforcement and Compliance in Brazil
  • Enforcement in France and the Success of the Paris Olympics in Compliance
  • ESG for US companies under the Trump Administration

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Sam Salyer

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All Things Investigations

All Things Investigations: FCPA Alert Week Tamara Kraljic on International Lessons Learned in 2024

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In this fourth podcast of the 5-part series, host Tom Fox is joined by Tamara Kraljic on the key lessons learned in anti-corruption compliance and from international enforcement in 2024.

Their conversation opens with an overview of the alert’s key findings, particularly the developments in international anti-corruption enforcement. They delve into updates from Brazil, including the 10-year anniversary of the Clean Company Act and new measures by Brazil’s Office of the Comptroller General (CGU), like the ‘term of commitment’ and updated integrity program guidelines. Additionally, they touch upon France’s anti-corruption efforts, reflecting on the corporate culture of compliance and the impact of the recent Corporate Sustainability Reporting Directive (CSRD). The episode provides a comprehensive overview geared towards a corporate audience interested in anti-corruption trends and regulations.

Key highlights:

  • Enforcement and Compliance in Brazil
  • Enforcement in France and the Success of the Paris Olympics in Compliance
  • ESG for US companies under the Trump Administration

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Tamara Kraljic 

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All Things Investigations

All Things Investigations: FCPA Alert Week – Dan McLaughlin on Lessons Learned in 2024

Welcome to the Hughes Hubbard & Reed Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In this third podcast of the 5-part series, host Tom Fox is joined by Dan McLaughlin on the key lessons learned in anti-corruption compliance and from FCPA enforcement in 2024.

In this episode, they explore the recurring lessons learned regarding third-party agents, the importance of due diligence, and the implications of the DOJ’s new policies. The conversation also highlights the significance of understanding ultimate beneficial ownership and the resurgence of gifts and entertainment as compliance risks. The discussion emphasizes the need for robust compliance programs and proactive risk management strategies.

Key highlights:

  • The Continuing Risks from Third Parties
  • M&A Safe Harbor
  • The Ongoing Challenges from Gifts, Travel and Entertainment

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Dan McLaughlin

Categories
All Things Investigations

All Things Investigations: FCPA Alert Week – Jiaxing Hao on Understanding the Role of Multilateral Development Banks in Anti-Corruption

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In this second podcast of the 5-part series, host Tom Fox is joined by Jiaxing Hao on the significance and enforcement actions of Multilateral Development Banks (MDBs) like the World Bank and Inter-American Development Banks in combating corruption.

They examine key trends from 2024, including a renewed focus on complex corruption cases. Jiaxing emphasizes the importance of compliance, particularly in accurately documenting and reporting all transactions, as MDBs consider even internships, employment contracts, and additional personnel as potential bribery risks. The conversation highlights the MDBs’ lower burden of proof, making it critical for compliance professionals to be vigilant in their anti-corruption efforts.

Key highlights:

  • Understanding Multilateral Development Banks
  • Key Trends in MDB Enforcement Actions
  • Compliance Lessons for Corporations
  • Fraudulent Practices in Bid Documents
  • Burden of Proof in MDB Investigations

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Jiaxing Hao

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All Things Investigations

All Things Investigations: FCPA Alert Week – Mike DeBernardis on the FCPA & Anti-Bribery 2024 Alert

Welcome to the Hughes Hubbard & Reed Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This week, we will feature five lawyers from HHR to introduce the firm’s always popular and annual FCPA and Anti-Bribery Alert. In this first podcast of the 5-part series, host Tom Fox joined Mike DeBernardis to introduce the Alert and some key themes and highlights from the FCPA and anti-bribery in 2024.

In the inaugural episode celebrating the Hughes Hubbard & Reed FALL 2024 FCPA and Anti-Bribery Alert, Tom is joined by Mike DeBernardis. They delve into the significance of Hughes Hubbard & Reed being the first major firm to release their FCPA alert each year and discuss the creative introduction themed around 1999 movies, including a quote from ‘The Matrix.’ The Alert is segmented into four comprehensive chapters covering analysis, policy developments, corporate resolutions, international focus, and updates from multilateral development banks. Key trends such as treating past misconduct and encouraging whistleblowing are highlighted, along with an ongoing issue of gifts and hospitality in corporate resolutions. The audience is encouraged to access the report on the firm’s website for more detailed insights.

Key highlights:

  • Overview of the FCPA and Anti-Bribery Alert
  • The Matrix Quote and Its Relevance
  • Detailed Breakdown of the 2024 Alert
  • Key Highlights and Trends
  • Focus on Gifts and Hospitality

Resources:

Hughes Hubbard & Reed website

2024 Fall FCPA and Anti-Bribery Alert

Mike DeBernardis

Categories
FCPA Compliance Report

FCPA Compliance Report: Unlocking Financial Gains Through Proactive Compliance: Insights with Nicolas Tollet

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed

In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company’s journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart’s FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment.

Highlights in this Episode:

  • The First Deferred Prosecution Agreement (DPA)
  • The Second DPA and Lava Jato Investigation
  • Compliance as a Competitive Advantage
  • Detecting and Addressing Misconduct
  • Remediation and Strengthening Compliance
  • Financial Benefits of Compliance
  • Comparing with Walmart FCPA Case

 Resources:

Nicolas Tollet at Hughes Hubbard & Reed

Tom Fox

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