Tag: Mike Volkov

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Compliance Into the Weeds

Mike Volkov on Antitrust Issues in Microsoft Acquisition of Activision Blizzard

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. This week, Matt and Tom are pleased to host Mike Volkov, host of the Corruption Crime and Compliance podcast on the Compliance Podcast Network. Mike formerly worked in the DOJ, Antitrust Division. We consider the current evolution of antitrust enforcement by the DOJ and FTC and how it might impact the Microsoft acquisition of Activision Blizzard. Some of the issues we consider include:

·      Is the focus of antitrust enforcement changing from consumers to others?

·      What is a Section 2 Sherman Act claim?

·       What are structural v. behavioral remedies?

·      Have partial divestitures fallen out of favor?

·      How might all this play out in the Microsoft acquisition of Activision Blizzard?

·      What is the role of compliance going forward?

Resources
Matt in Radical Compliance
Mike Volkov in  Corruption Crime and Compliance

Categories
FCPA Compliance Report

Mike Volkov on FCPA Enforcement and Compliance from 2021 and into 2022

In this episode of the FCPA Compliance Report, I am joined by Mike Volkov to take a look back at FCPA enforcement and compliance from 2021 and prognosticate to where it may be going in 2022. Highlights of this podcast include:

  1. Three FCPA enforcement actions.
  2. DAG Lisa Monaco’s October Speech to the ABA White Collar Defense Conference.
  3. The Biden Administration’s Strategy on Countering Corruption.
  4. Where will FCPA enforcement head in 2022.
  5. Where will ABC compliance go in 2022?

Resources

Tom in the FCPA Compliance and Ethics Blog

FCPA Year in Review

Compliance Year in Review

Categories
This Week in FCPA

Episode 283 – the Tribute to Madden and Harry edition


With Jay on a holiday assignment, Tom is joined by Mike Volkov to look at some of the week’s top compliance and ethics stories this week in the Tribute to Madden and Harry edition.
Stories
1.     We lost two greats this week, one in sports and gaming and one from politics. John Madden and Harry Reid. Tom and Mike reflect.
2.     No poaching in the Defense Industry. Jay DeVecchio and Lisa Phelan in a MoFo Client Alert.
3.     What is a ‘Bump Up’ provision in an E&O policy. Barry Buchman and Michael Scanlon in D&O Diary.
4.     Reflections on 2021 in Compliance. Lisa Schor Babin in CCI.
5.     Should lawyers file SARs? Jason Morris in Compliance Week (sub req’d).
6.     Fraud in the taxi business? (This is my shocked face.) Matt Kelly in Radical Compliance.
7.     Making ESG 2nd nature in asset allocation. Sara Rosner and Jess Gaspar in Harvard Law School Forum on Corporate Governance.
8.     An app for ESG investment. Lawrence Heim in PracticalESG.
9.     Thoughts for the Board from 2021. Marty Lipton in Harvard Law School Forum on Corporate Governance.
10.  Tom and Mike look back at 2021 in compliance. Tom in FCPA Compliance and Ethics Blog.
 Podcasts 
11.  Want some fun? Join Tom and One Stone Creative co-founder Megan Dougherty for an exploration of the full MCU. In their most recent posting, check out Episode 3, Iron Man.
12.  In December on The Compliance Life, I visit with Matt Silverman, Director of Trade Compliance at VIAVI. Matt is the first Trade Compliance Director I have hosted on TCL. In Part 1, Matt details his academic career and early professional life. In Part 2, Matt moves into trade compliance. In Part 3, Matt moves into the Director’s chair. In Episode 4, Matt looks down the road for trade compliance.
13.  The Compliance Podcast Network welcomes Professor Karen Woody and her new podcast, Classroom Insider. In this most unique pod, Karen interviews some of her student to tell the history of insider trading. Check out Episode 1 where they discuss the history of insider trading. In  Episode 2, the disclosure or abstain rule. On Episode 3, they will take up narrowing the scope of the disclose or abstain rule.
14.  On EMBARGOED!, Brian and Tim run through a Lightning Round-style discussion of the top economic sanctions and export controls stories of 2021.
15.  Looking to enhance your compliance program? Check out 31 Days to a More Effective Compliance Program returns, which runs for the month of January, from January 1 to January 31. Available on the Compliance Podcast Network, Megaphone, iTunes, and all other top podcast platforms.
Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Mike Volkov is the founder of the Volkov Law Group and can be reached at mvolkov@volkovlaw.com.

Categories
The Compliance Handbook

The Compliance Handbook -The Role of Boards and Compliance with Mike Volkov


The Board’s overarching intention is to maintain a company’s growth and success by overseeing its affairs while fulfilling its owners and critical parties’ appropriate needs. On a case-by-case basis, it is for the Board to judge which participants it treats as ‘important’ and which of its concerns is necessary to comply with, keeping in view the legislation, the relevant laws, and market considerations. A board of directors does a uniquely challenging range of obligations and obstacles in fulfilling this core objective and often faces a set of contradicting set of priorities. These Pandora’s boxes motivated Tom Fox to take a leap and do something to educate and provide valuable resources for board members and those in the same field. In todays’ episode of The Compliance Podcast, Tom is joined by the legendary Mike Volkov of the Volkov Law Group. Tune in to the episode as Tom and Mike share a meaningful discussion about the “The Role of Boards and Compliance.”
Key Takeaways Discussed in the Episode:

  • Be reminded of the crucial roles of the Board as accentuated by Mike Volkov. According to Mike, at all times, the Board should;
  • Promote the goodwill of clients and related stakeholders.
  • Bear the accountability for overseeing the company and its operations through a management structure and entrepreneurial leadership.
  • Be mainly accountable for authorizing the organization’s strategic goals and working to ensure that the human and financial capital required to achieve such objectives are made available.
  • Continually evaluates the risk assessment and internal control activities of the organization through the Audit Committee.
  • Recognize any weaknesses or shortcomings to accomplish its ultimate aim. Therefore, the Board is advised to reflect on specific duties that it must or intends to conduct itself and determine if the top leadership can execute further in the correct way.
  • Have you heard of the “High-minded Nondisclosure Route“? If not, tune in to the episode, as this might help when things get rough.
  • Recognize the importance of having a Board of Directors’ Compliance Committee and why there should be a Compliance expert on the Board.
  • Hear more about what leads to a successful Board investigation and the compliance metrics a Board should look for.
  • Be informed of recent Board failures in compliance and learn from these failures to not walk on the same path.
  • Explore the promising outcomes of incorporating compliance into long-term Board strategy.

The Compliance Handbook, 2nd Edition
The Second Edition incorporates the most current government pronouncements governing best practices compliance programs including: the 2019 Evaluation of Corporate Compliance Programs released by the Fraud Section of the Department of Justice, and its 2020 Update; the updated FCPA Resource Guide 2nd edition; the Framework for OFAC Compliance Commitments; and the 2019 DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust.
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Categories
FCPA Compliance Report

Mike Volkov on Changes in FCPA Enforcement


The FCPA Compliance Report is the longest running podcast in compliance, airing on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Mike Volkov, founder and principal of the Volkov Law Group. We take a look back at the evolution of FCPA enforcement over the past 10 years.
Some of the highlights include:

  • Volkov looks all the way back to the Father of the FCPA, Judge Stanley Sporkin to see the beginnings of cooperation credit under the current FCPA Corporate Enforcement Policy.
  • Why was the Parker Drilling enforcement action a seminal moment in FCPA enforcement?
  • Why the 2012 version of the FCPA Resource Guide was such an important step forward in FCPA compliance. Why the 2020 FCPA Resource Guide, 2nd edition was so welcomed.
  • The continued evolution of the DOJ on both FCPA enforcement and best practices compliance.
  • From reading the tea leaves to the 2020 Update to the Evaluation of Corporate Compliance Programs.

The Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.

Categories
FCPA Compliance Report

Episode 452, the Hoskins Jury Verdict

In this episode I visit with Mike Volkov about the Hoskins verdict, which was announced on Friday, November 8. In it Lawrence Hoskins was found guilty on six counts of violating the FCPA, three counts of money laundering, and two counts of conspiracy. Hoskins was acquitted on one money laundering count. We explore this case from the trial perspective. Some of the highlights include:

  • What was the significance of the verdict?
  • What evidence did the prosecutors have to put forward to prove agency?
  • How do prosecutors think through jury presentations?
  • Did the fact that Hoskins basic defense was that he was in charge of a criminal conspiracy and not an agent play poorly in front of the jury ?
  • What might all this mean for FCPA prosecutions going forward? How about internal investigations?
  • What does this case say about being the first to cooperate?
  • What signal does this case say about DOJ prosecution of individuals under the FCPA?
Categories
The Ethics Movement

Mike Volkov on the Nuts and Bolts of Sanction Compliance

CONVERGE19 is in its 4th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. You will leave the conference with new resources and best practices allowing you to continue the hard work of driving ethics to the center of your business. In today’s episode I visit with Mike Volkov, founder of the Volkov Law Group about his talk at Converge19, the Nuts & Bolts of Sanction Compliance.
It seems like not a week goes by where there is not a headline highlighting a company coming up short with OFAC regulations. Is your compliance program equipped to comply with the US Treasury Department’s new guidance on building an effective sanction compliance program? In this session, one of the top compliance practitioners around, Mike Volkov will provide to you up to date information on the changing regulatory landscape of sanction compliance and how to build an effective sanction compliance program.
For more information on Converge19, click here. For more information on the Volkov Law Group, click here.

Categories
FCPA Compliance Report

Bonus Episode-Mike Volkov’s Interviews the Compliance Evangelist for 100th Episode of Corruption Crime and Compliance

This special bonus episode is a cross-post of Mike Volkov’s 100th episode podcast, where he interviewed me. It was a ton of fun and Mike was gracious enough to allow me to post on the FCPA Compliance Report. Click here for the post on Corruption Crime and Compliance.
Some of the highlights include:
Where is the vast Compliance Podcast Network, and what is coming in the future?
The genesis of for Trekking through Compliance and how were you able to pull together and synthesize all of the Star Trek episodes?
My perspective on this recent DOJ and OFAC Guidance and how should compliance professionals use this guidance?
Given all of this recent government guidance, where does the FCPA Guidance from 2012 fit into the picture?  Does it still have value to the compliance professional?
What do you see, over the next five years, and how should compliance professionals prioritize compliance?
We always hear about automation, blockchain, artificial intelligence, data analytics and machine learning – how do we sift through these, find valuable compliance applications and then prioritize the use of these technologies?
When Trump first assumed the presidency there was concern about his commitment to FCPA enforcement.  What is my view of how this has turned out?
Where DOJ will be over the next few years on enforcement and compliance?
As compliance continues to evolve and increase its influence, where is the compliance profession growing?