Categories
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

Categories
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

Categories
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 

Categories
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

Categories
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

Instagram

Facebook

YouTube

Twitter

LinkedIn

For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox.

Categories
All Things Investigations

All Things Investigations: Tom Lee on Invalidation of The Chevron Deference

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, host Tom Fox welcomes back Tom Lee to take a deep dive in the Supreme Court’s invalidation of the Chevron deference and what it means going forward.

In this episode, special counsel Tom Lee joins the podcast to discuss the Supreme Court’s recent decision in the Loper Bright case, which overruled the long-standing Chevron deference. Lee explains the implications of this ruling on how courts interpret ambiguous statutory terms and provides insights into the decision’s grounding in the Administrative Procedure Act rather than the Constitution. He also discusses the potential impact on past cases decided under Chevron, future regulatory challenges, and the strategic considerations for companies navigating the new legal landscape. Throughout, Lee offers a thorough analysis of the evolving legal environment and its consequences for administrative law.

Key Highlights

  • Overview of the Loper Case and Chevron Deference
  • Supreme Court’s Decision and Its Implications
  • Consequences of Overruling Chevron Deference
  • Future Challenges and Legal Strategies
  • Administrative Procedures Act and Its Impact

 Resources:

Hughes Hubbard & Reed website

Thomas Lee

HHR Client Alert-Litigation After the Demise of Chevron Deference

Categories
All Things Investigations

All Things Investigations: Mike Huneke on French Election Highlights

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation.

In this podcast, host Tom Fox welcomes back Mike Huneke to discuss the recent French election and its implications. They explore the French electoral system, potential parallels with American and English elections, and the geographical and socio-economic dichotomies within France.

The conversation also delves into the impact of European enforcement policies on multinational companies, particularly in areas such as environmental governance, anti-corruption enforcement, and data privacy. They also touch on the potential influence of the upcoming Paris Olympics and new European sanctions and export control directives on future compliance and enforcement landscapes.

Key Highlights:

  • Understanding the French Electoral System
  • Comparing French and American Electoral Dynamics
  • Impact of Recent Elections on French Politics
  • France’s Role in European Enforcement and Governance
  • Challenges in Data Privacy and Compliance
  • Future Outlook

 Resources:

Hughes Hubbard & Reed website

Mike Huneke

Categories
All Things Investigations

All Things Investigations: ‘This Can Be Done’: Mike DeBernardis on Navigating Compliance in High – Risk Jurisdictions

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation.

In this podcast, host Tom Fox welcomes back Mike DeBernardis to discuss recent corruption convictions involving individuals connected to Venezuela, as highlighted in Hughes Hubbard & Reed’s ‘Month in a Minute.’

We use these criminal matters as a starting point to discuss how companies can effectively manage compliance in high-risk areas by assessing risks, crafting risk management strategies, implementing specific controls, documenting processes, and training employees. We emphasize the importance of maintaining thorough documentation to meet regulatory requirements and auditing standards.

Key Highlights:

  • Month-in-a Minute Overview
  • Compliance in High-Risk Areas
  • Risk Management Strategies
  • Documenting and Presenting Compliance

Resources:

Hughes Hubbard & Reed website

Mike DeBernardis