Tag: Hughes Hubbard

Categories
FCPA Compliance Report

Mike Huneke on The General Counsel Role in CCO Certification

In this episode, I visit Mike Huneke, a partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco.

Key areas we discuss on this podcast are:

  • What is the new CCO certification policy?
  • Why did the DOJ create the policy?
  • How has the DOJ’s thinking around recidivists 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 going forward?

Resources

Mike Huneke on Hughes Hubbard

What is the General Counsel’s role in CEO and CCO compliance certifications? On the FCPA Blog

Categories
All Things Investigations

All Things Investigations: Episode 12 – The Monaco Memo with Laura Perkins

 

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 Laura Perkins of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues in white-collar investigations, locally and internationally.

 

 

Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. She also advises clients on issues related to the FCPA, the federal securities laws, the False Claims Act, and other federal statutes.

Key areas we explain on this podcast are:

  • How the Monaco Memo instructs prosecutors to evaluate the prosecution of individuals responsible for corporate crime.
  • The Monaco Memo is guiding prosecutors to charge more foreign individuals as opposed to less.
  • Steps a company can take to show timeliness to the DOJ.
  • The Memo underscores the DOJ’s desire for companies to self-report misconduct that they become aware of.
  • Previously, in determining whether a monitorship was appropriate, prosecutors would look at what state your compliance program was in at the time of resolution.
  • The importance of clear communication in understanding the DOJ’s expectations.

Resources

Hughes Hubbard & Reed website 

Laura Perkins on LinkedIn

 

The Hughes Hubbard & Reed website has been updated with the following Anti-Corruption & Internal Investigations advisory:

Cutting Through the Noise: Take‑Aways from the DOJ’s Recent Announcements Regarding Corporate Criminal Enforcement

On September 15, 2022, Deputy Attorney General Lisa Monaco announced a series of policy revisions to the U.S. Department of Justice’s approach to criminal enforcement actions against corporations. At a high level, these new policy revisions show the Department’s desire to take an approach to criminal enforcement that targets the individuals directly responsible for corporate misconduct and encourages companies to assist in preventing misconduct by creating effective compliance programs and cultures. Companies should carefully review these policy changes and identify steps they can take to put themselves in the best position possible should they be subject to a criminal investigation in the future. 

For our discussion about these developments, follow this link to our website.

Practice Co-Chair Laura Perkins will cover this topic in-depth in an All Things Investigations podcast, which will be released on Monday, Sept. 26.

Categories
The ESG Report

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

 

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

 

Categories
All Things Investigations

All Things Investigations: Episode 8 – ABC Enforcement in Mexico and Brazil with Diego Duran and Salim Saud

 

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and Diego Duran and Salim Saud of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. 

 

 

Diego Duran is a Hughes Hubbard partner and criminal defense attorney licensed to practice in some parts of the US and Mexico, where he spent several years working for one of its top boutique law firms. Salim Saud is an attorney and partner based in Rio de Janeiro, Brazil, at Saud Advogados, in association with Hughes Hubbard. He specializes in anti-corruption and is also the coordinator of the Anti-Corruption Compliance practice at FGV.

Key areas we discuss on this podcast are:

  • The Mexican administration’s approach to anti-corruption investigation and enforcement.
  • Corporate criminal liability is a fairly recent concept in Mexican law.
  • Mexico’s National Digital Platform is anticipated to be a centralized database designed to host and process information about federal and state officials.
  • Brazil has two systems for anti-corruption enforcement; one is led by the CGU and AGU, and the other is led by the NPF.
  • Assessing the impact of COVID-19 on Brazilian anti-bribery and anti-corruption investigation and enforcement efforts. 
  • Highlights of Brazil’s recent regulations surrounding their anti-corruption law, the Clean Companies Act.

Resources

Hughes Hubbard & Reed website 

Diego Duran on LinkedIn

Salim Saud on LinkedIn

 

Categories
The Corruption Files

Uncovering the Hidden Schemes in Pharma with Tom Fox and Michael DeBernardis

Thomas Fox and Michael DeBernardis shed light on the bribery schemes highlighted in the cases of Eli Lilly, Fresenius, and Teva and present the prosecutorial investigation, the questionable donations and expenses, preventative measures for companies to implement, and practicing due diligence to minimize risk.

Key points discussed in the episode:
✔️ Thomas Fox introduces the cases involving Eli Lilly, Fresenius, and Teva.
✔️ Michael DeBernardis breaks down the DOJ and SEC’s investigative process in uncovering Eli Lilly’s bribery schemes – by looking into other companies from similar industries and asking the pressing questions.
✔️ Thomas Fox describes the bribes made: money going to hospitals and to the doctors and nurses directly, sending individuals to five-star resorts for fake conferences and speeches, and paying for articles that were never published. Any prior SCC reinforcement action is already a red flag.
✔️ The Eli Lilly case has made companies warier of working with government officials as a Polish state-owned health organization was involved. Also, the intent of the fraudulent talks and events was fairly obvious from a prosecutorial perspective.
✔️ Michael DeBernardis and Thomas Fox share advice on how companies should approach charitable donations: Know where your money is going, do background checks on the receiving organization and publicize all donations.
✔️ Eli Lilly’s exceeding discount for a certain distributor was pushed to the spotlight. Overriding internal controls requires documenting for a business reason. Most due diligence problems can be solved by looking closer at business justifications.

Categories
The Corruption Files

Energy Violations and the Panalpina Settlements with Thomas Fox and Michael DeBernardis

Thomas Fox and Michael DeBernardis discuss energy cases considered FCPA violations, highlighting Panalpina Settlement Day, the uncovered bribery methods, and its implications on the future of compliance, the written policies, and the solutions to commerce and transactions in higher-risk jurisdictions.

Key points discussed in the episode:
✔️ Tom Fox introduces the cases involving Shell, Transocean, Tidewater, Pride International, and Noble.
✔️ Michael DeBernardis describes the company’s methods as a hub-and-spoke arrangement and lays out the Department of Justice’s investigative process. The case has planted the seeds of the pilot program and corporate enforcement policy. The DOJ has become more deliberate in announcing settlements
✔️ Due diligence requires visibility across all aspects of the business. Thomas Fox shares a snippet of advice from a shipping company executive: “If you have a vendor with a 100% success rate, you have a problem.” Any business model based on bribery and corruption never ends well.
✔️ Panalpina’s methods were an open secret across other energy companies, designing ways to circumvent Nigerian customs. Monitoring during this time was less rigorous.
✔️ Due diligence is an ongoing process of improvement. High-risk jurisdictions for particular transactions are now thrown at the forefront.
✔️ Companies outside of the oil and gas industry have started to reconsider their strategies in high-risk areas. The solution is not to stop doing business completely but to work with companies that do compliance.
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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.

Categories
All Things Investigations

All Things Investigations: Episode 7 – Anti-Corruption Issues in International Arbitration with Laura Perkins and Jan Dunin-Wascowicz


 
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Laura Perkins and Jan Dunin-Wascowicz about the intersection of international arbitration, anti-bribery, and anti-corruption compliance.
 

 
Laura Perkins is a Hughes Hubbard partner whose practice focuses on representing clients in Foreign Corrupt Practices Act and white-collar criminal investigations, including government enforcement actions and compliance counseling. Jan Dunin-Wascowicz is an expert in cross-border compliance and regulatory enforcement, multi-jurisdictional internal and government investigations, as well as transnational litigation and international arbitration in both commercial and investor-State contexts.
Key areas we discuss on this podcast are:

  • How increased attention to anti-corruption compliance led to increased arbitration.
  • The Biden administration has taken a strong position that foreign corruption and corruption, in general, can be a serious national security concern for the United States.
  • Red flags are tools that identify risk areas of inquiry.
  • The outcomes that can arise when a claim of corruption is brought up defensively or against a defendant.
  • The types of cases that tend to attract anti-robbery and anti-corruption issues.
  • Compliance professionals should properly document their due diligence activities.

Resources
Hughes Hubbard & Reed website 
Laura Perkins on LinkedIn
Jan Dunin-Wascowicz on LinkedIn
 

Categories
All Things Investigations

All Things Investigations: Episode 5 – Sanctions and Controls with Tyler Grove


 
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Tyler Grove, counsel at Hughes Hubbard, about the Biden administration’s multilateral approach to sanctions.
 

 
Tyler Grove has worked at Hughes Hubbard for over 10 years, starting as a paralegal and then working his way up to a full-time associate before taking the position of counsel. Tyler’s specialties include sanctions and export controls in addition to anti-money laundering and foreign investment issues. His practice has three main areas: compliance counseling, enforcement and investigations, and corporate diligence and filings.
Key areas we discuss on this podcast are:

  • The differences between the Biden administration’s sanctions vs. those of the past.
  • The US has imposed a soft embargo on any items subject to its jurisdiction and classified on the commerce control list.
  • How soon we will be able to see the effectiveness of the Biden administration’s embargo.
  • We will likely see an expansion of the sanctions imposed for human rights.
  • It’s important that companies are aware of their suppliers, and how their products are being manufactured.
  • Anti-boycott issues in China.

Resources
Hughes Hubbard & Reed website 
Tyler Grove on LinkedIn
 

Categories
All Things Investigations

All Things Investigations: Episode 3 – Key Developments in Ethics Compliance


 
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I visit with Mike DeBernardis, a partner at Hughes Hubbard, about some of the key developments in ethics compliance and FCPA from Q1 2022.
 

 
Michael A. DeBernardis is a partner in the firm’s Washington office and a member of the firm’s Anti-Corruption and Internal Investigations and White Collar & Regulatory Defense practice groups. Michael assists clients with internal investigations relating to high-stakes matters including bribery and corruption under the Foreign Corrupt Practices Act, procurement fraud, financial and accounting fraud, money laundering, and other ethics issues and violations of company policy. Michael has represented clients in connection with inquiries by the U.S. Department of Justice, U.S. Securities and Exchange Commission and U.S. Senate Permanent Subcommittee on Investigations, among others.
Key areas we discuss on this podcast are:

  •  Q1 brought resolutions that were excellent examples for training and increasing understanding about compliance issues.
  •  One of the more difficult aspects of compliance is scoping investigations.
  • View input from your monitor as an opportunity to truly improve your processes, procedures and controls. Having a positive relationship with them is hugely valuable.
  • Developing an investigation plan and protocols is an iterative process.
  • Changes to the SEC Whistleblower program.
  • Anti-corruption implications of the Russian invasion of Ukraine.

 
Resources
Hughes Hubbard & Reed website
Mike DeBernardis 
Coburn and the Attorney/Client Privilege
 

Categories
All Things Investigations

All Things Investigations: Episode 2-From US Attorney to ESG Advocate


 
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white collar and other investigations, both domestically and internationally. In this episode, I visit with Kenyen Brown on his journey from the US Attorney’s office to bring ESG programs and initiatives to clients to improve their businesses.
 

 
Kenyen Brown is a partner in the Washington, D.C. office of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practices. He is the former US Attorney for the Southern District of Alabama. He also served on the Senate Ethics Committee. Kenyen’s practice focuses primarily on white collar criminal litigation, compliance counseling, including matters involving internal and government investigations. In this area, Kenyen has performed compliance program reviews, audits, and risk assessments.
Key areas we discuss on this podcast are:

  • Role as the US Attorney for the Southern District of Alabama.
  • Role on the Senate Ethics Committee. Key accomplishments.
  • Working with police departments and their communities to identify systemic racial and gender discrimination issues.
  • The ‘S’ in ESG in racial and gender discrimination issues.
  • The important of managing reputational through a robust ESG program.

 
Resources
Hughes Hubbard & Reed website
Kenyen Brown bio
Anti-Corruption and Internal Investigations Practice Group