Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations practice group’s podcast All Things Investigations. Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group represents many of the premier companies around the world, providing advice on issues spanning the full anti-corruption and compliance spectrum. 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. We will tackle topical issues involved in investigations as well as explore how companies can help prevent and detect issues that arise in conducting business on a worldwide basis.
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Mike Huneke on Navigating Uncharted Waters: Compliance Strategy in a Changing Administration
Episode 70
Monday, December 16, 2024 • Duration 26:22
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, host Tom Fox is 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 proactively engage in public policy discussions. Through detailed analysis and real-world examples, Mike provides a nuanced perspective on how businesses can navigate the evolving regulatory environment.
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
FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert
Episode 69
Tuesday, December 10, 2024 • Duration 17:04
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
Mike Huneke on French Election Highlights
Episode 59
Monday, July 15, 2024 • Duration 22:05
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
‘This Can Be Done’: Mike DeBernardis on Navigating Compliance in High - Risk Jurisdictions
Episode 57
Monday, June 24, 2024 • Duration 25:41
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
Jan Dunin-Wasowicz and Jeff Nielsen on The EU Directive on Harmonization of Criminal Sanctions
Episode 57
Monday, June 3, 2024 • Duration 36:36
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, Tom Fox is joined by Jan Dunin-Wasowicz a partner at Hughes Hubbard & Reed, who is a leading figure in trade sanctions and Jeff Nielsen, International Sanctions & Export Controls Lawyer at Rambol, for a deep dive into current issues in export control and economic sanctions.
In Part 2 of a special two-part series on All Things Investigations, host Tom Fox is once again joined by Jeff Nielsen and Jan Dunin-Wasowicz to discuss trade sanctions from a global perspective. In this Part 2, Jeff and Jan provide their expertise on the EU Directive on Harmonization of Criminal Sanctions, detailing its implications and the challenges faced in its implementation across the 27 member states.
They explain the mechanics of EU sanctions, enforcement disparities among member states, and the directive's focus on setting minimum standards for criminal offenses. The conversation also delves into future outlooks on the EU's stance towards the Russian invasion of Ukraine and the evolving profession of trade sanctions compliance.
Key Highlights:
Understanding the EU Directive on Harmonization of Criminal Sanctions
Challenges and Implications of the Directive
Future of Trade Sanctions and Compliance
Career Advice for Aspiring Trade Sanction Experts
Conclusion and Final Thoughts
Resources:
Hughes Hubbard & Reed website
Jeff Nielsen on LinkedIn
Jan Dunin-Wasowicz on LinkedIn
HHR client alert on The Dawn of a New Era for EU Sanctions Enforcement? EU Adopts Directive on the Definition of Criminal Offences and Penalties for the Violation of EU Sanctions
Jan Dunin-Wasowicz and Jeff Nielson on Export Control and Economic Sanctions: Current Issues and Practice
Episode 56
Tuesday, May 14, 2024 • Duration 36:36
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, I joined by Jan Dunin-Wasowicz and Jeff Nielson, International Sanctions & Export Controls Lawyer at Rambol, for a deep dive into current issues in export control and economic sanctions.
Jeff Nielsen, an American lawyer with expertise in US and European Union sanctions, currently works at a prominent Danish engineering firm, having transitioned from practicing law in the US to navigating the complexities of international sanctions. Jan Dunin‑Wasowicz, a partner at Hughes Hubbard & Reed, is a leading figure in trade sanctions, operating globally out of the Paris office. Nielsen’s perspective on trade sanctions is shaped by his direct experience with US and European Union regulations, viewing the field as dynamic, challenging, and necessitating an understanding of both legal frameworks and international relations. Similarly, Dunin-Wasowicz emphasizes the industry's complexity, dynamism, and the importance of staying informed about global affairs to anticipate risks. His work underscores the increasing role of the private sector in dealing with sanctions, highlighting the need for a proactive and adaptable approach to risk assessment in this evolving field.
Key Highlights
· Private Sector Role in Evolving Trade Sanctions
· Dynamic Compliance Strategies in Trade Regulations
· Sanctions Enforcement Disparity: EU vs US
· Global Landscape Risk Assessment in Trade Compliance
Resources:
Hughes Hubbard & Reed website
Jeff Nielsen on LinkedIn
HHR client alert on The Dawn of a New Era for EU Sanctions Enforcement? EU Adopts Directive on the Definition of Criminal Offences and Penalties for the Violation of EU Sanctions
Yi-Chin Ho on HHR’s China Law Practice
Episode 55
Monday, April 29, 2024 • Duration 36:36
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation.
In this episode, Tom Fox is joined by Yi-Chin Ho, who is the head of the firm’s China Practice.
Yi-Chin Ho is a seasoned legal professional and co-chair of the China Practice at Hughes Hubbard Reed, with a strong foundation in cross-border legal practice.
Ho’s perspective on cross-border legal practice, deeply embedded in her varied experiences, is based on her belief in its critical role for business growth and development, even amidst political tensions between nations such as the US and China. She underlines the importance of the symbiotic relationship between countries, emphasizing their mutual dependency on each other’s goods, services, and expertise.
Ho, a trilingual, cross-cultural lawyer, believes in finding creative solutions and providing effective counsel to navigate through challenging situations in cross-border dealings. Her culturally diverse background and proficiency in Mandarin Chinese have been instrumental in bridging gaps and facilitating successful business transactions between different countries.
Key Highlights:
Cultural Nuances in Cross-Border Business Engagement
Strategic Advisory for Cross-Border Disputes
Discovery Challenges in Cross-Border Investigations in China
Growing Preference for Chinese Arbitration Venues
Risk Assessment and Negotiation Strategies Guidance
Resources:
Hughes Hubbard & Reed website
Yi-Chin Ho
Compliance Lessons from Gunvor and Trafigura Enforcement Actions
Monday, April 15, 2024 • Duration 36:36
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, I joined by Mike DeBernardis to mine compliance lessons from the recently announced Gunvor and Trafigura FCPA enforcement actions.
Mike DeBernardis is a seasoned professional with a comprehensive understanding of FCPA enforcement actions and compliance matters, a perspective deeply informed by his numerous client advisory roles on self-disclosure decisions related to FCPA violations and his regular participation in industry discussions.
DeBernardis believes that FCPA enforcement actions are increasingly considering past misconduct as a determinant in assigning penalties and discounts. He underscores the necessity for companies to be proactive and innovative in their remediation efforts rather than simply adhering to minimal compliance standards. He also notes a decrease in the reliance on external monitors in FCPA resolutions, potentially due to businesses taking more initiative in improving their compliance programs and directly reporting to the DOJ.
In DeBernardis’ view, the Department of Justice's approach to FCPA enforcement is dynamic and adaptive, with companies helping shape best practices through their communication with outside counsel and the DOJ itself.
Key Highlights:
Impact of Self-Disclosure on FCPA Penalties
DOJ's Quantifiable Self-Disclosure Benefits in FCPA
Cross-Regional Executives in Trafigura Bribery Scheme
Innovative Risk Mitigation Strategies in FCPA
Rewarding Compliance Efforts in Energy Trading
Resources:
Hughes Hubbard & Reed website
Mike DeBernardis
Constitutional Challenge to Corporate Transparency Act with Thomas Lee
Episode 53
Monday, March 25, 2024 • Duration 20:33
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, I joined by Hughes Hubbard Special Counsel, Thomas Lee to discuss the recent decision declaring unconstitutional the Corporate Transparency Act (CTA) in the case of NSBA v. Yellen.
Thomas Lee specializes in appellate law and constitutional issues. With nearly a decade of tenure at the firm and an impressive 21 years of teaching constitutional law at Fordham Law School, Lee is highly respected in his field. Lee and the HughesHubbard team brought the lawsuit on behalf of the National Small Business Association arguing the CTA was a constitutional over-reach, as it mandated the reporting of beneficial ownership data to combat money laundering and criminal activities. The constitutional claims included no Congressional authority for this regulation, privacy concern and lack of a foreign treaty ratified by Congress requiring the law. Drawing from his extensive background in constitutional law, they successfully argued that this federal regulation challenges traditional state regulation of entity formation and exceeds governmental power. This decision in the National Small Business Association case is a landmark case, which has now been appealed to the 11th Circuit Court of Appeals and appears headed to the US Supreme Court.
Key Highlights
· Beneficial Ownership Reporting Requirement for Entities
· Constitutional Challenges in Corporate Transparency Legislation
· Court Proceedings of the Corporate Transparency Act
· Efficient Negotiations and Potential Supreme Court Involvement
Resources:
Hughes Hubbard & Reed website
Thomas Lee
Beyond the DPA: Maintaining an Effective Compliance Culture Post-Release
Episode 52
Monday, March 11, 2024 • Duration 29:49
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, Hughes Hubbard & Reed LLP partner Mike Huneke and I speak with Mei Li Zhen, Head of Ethics & Compliance, Commercial Operations & Subsidiaries, Airbus, about her role in the organization's compliance department.
Mei Li Zhen and Michael Huneke are two accomplished professionals with extensive backgrounds in compliance programs and company culture, having both transitioned from external counsel to in-house counsel roles at Airbus. With her experience working with diverse international backgrounds, Zhen believes that a strong, company-wide, embraced compliance program is not just about avoiding fines but is a competitive advantage that attracts young talent and gains the trust of investors and governments. She sees integrity as beneficial for the bottom line and emphasizes the importance of everyone in the organization feeling responsible for behaving with integrity. Huneke, a US-qualified lawyer working in France, shares a similar perspective. He sees a strong compliance program as a self-reinforcing cycle that attracts the right talent and enhances the business's reputation and reliability. Like Zhen, Huneke believes that compliance should permeate the entire company culture, with every employee feeling accountable for maintaining integrity in their daily activities.
Key Highlights:
Airbus' Global Commitment to Compliance and Trust
Ethics Ambassadors Shaping Airbus Compliance Culture
Enhancing Team Trust through Transparent Communication
Establishing Trust Through Empathetic Communication Practices
Ethical Compliance Leadership in the Aerospace Industry
Resources:
Hughes Hubbard & Reed LLP Website
Mei Li Zhen on LinkedIn