Episodes

  • Mike Huneke on Navigating Uncharted Waters: Corporate Compliance Post-Election

    Mike Huneke on Navigating Uncharted Waters: Corporate Compliance Post-Election
    Dec 16 2024
    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
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    26 mins
  • FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert

    FCPA Alert Week Sam Salyer on Highlights and Trends from the 2024 FCPA Alert
    Dec 10 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 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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    17 mins
  • FCPA Alert Week Tamara Kraljic on International Lessons Learned in 2024

    FCPA Alert Week Tamara Kraljic on International Lessons Learned in 2024
    Dec 10 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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    17 mins
  • FCPA Alert Week - Dan McLaughlin on Lessons Learned in 2024

    FCPA Alert Week - Dan McLaughlin on Lessons Learned in 2024
    Dec 10 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
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    16 mins
  • FCPA Alert Week - Jiaxing Hao on Understanding the Role of Multilateral Development Banks in Anti-Corruption

    FCPA Alert Week - Jiaxing Hao on Understanding the Role of Multilateral Development Banks in Anti-Corruption
    Dec 10 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 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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    16 mins
  • FCPA Alert Week - Mike DeBernardis on the FCPA & Anti-Bribery Fall 2024 Alert

    FCPA Alert Week - Mike DeBernardis on the FCPA & Anti-Bribery Fall 2024 Alert
    Dec 9 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 first podcast of the 5-part series, host Tom Fox is joined Mike DeBernardis to introduce the Alert and some of the 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 the treatment of past misconduct and encouraging whistleblowing are highlighted, along with an ongoing issue of gifts and hospitality in corporate resolutions. For more detailed insights, the audience is encouraged to access the report on the firm's website. 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
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    17 mins
  • Anna Hamati on Key Lessons from the TD Bank AML Enforcement Action

    Anna Hamati on Key Lessons from the TD Bank AML Enforcement Action
    Nov 11 2024
    Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this episode, Anna Hamati, a Hughes Hubbard & Reed LLP lawyer, joins host Tom Fox to discuss the historic anti-money laundering (AML) enforcement action involving TD Bank. Anna outlines her professional background in compliance and offers a deep dive into the top five takeaways from the extensive consent order related to the TD Bank case. These takeaways highlight key compliance failures, including inadequate resource allocation, insufficient testing and auditing, a weak culture of compliance, poor training programs, and failures in filing accurate and timely CTRs and SARs. The discussion provides critical insights and practical advice for compliance professionals seeking to improve their AML programs. Anna underscores the importance of allocating sufficient resources to compliance functions, conducting proper testing and auditing, fostering a strong compliance culture from the top, providing comprehensive training, and ensuring the timely and accurate filing of CTRs and SARs. She illustrates the real-world implications of these compliance failures through detailed examples and offers practical guidance for banks and financial institutions to avoid similar pitfalls. This episode is a must-listen for anyone involved in AML and regulatory compliance. Key highlights: Overview of the TD Bank Case Importance of Adequate Resources Testing and Auditing Culture of Compliance Training Programs Filing Timely and Accurate Reports Resources: Hughes Hubbard & Reed LLP Website Anna Hamati
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    35 mins
  • Mike Huneke’s Top 5 Takeaways from the 2024 ECCP

    Mike Huneke’s Top 5 Takeaways from the 2024 ECCP
    Oct 21 2024
    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 as we explore the recently released 2024 ECCP. In this discussion, Tom and the speaker examine the extent to which the government issues detailed guidance, advice, and settlement documents in areas of law like the Foreign Corrupt Practices Act (FCPA). The conversation reflects on historical perspectives, including a statement by an SEC commissioner from the 1980s who compared issuing guidance on the FCPA to advising on committing murders. The dialogue also touches on lessons from the Enron collapse and the dissolution of Arthur Andersen, noting the government's cautious approach to putting corporations, employees, and shareholders at risk. The speaker argues that while this guidance can be seen as helping companies avoid misconduct, ignoring or rejecting it can lead to significant legal trouble. Key Highlights · Introduction to ECCP · Government's Approach to Corporate Risk · Mike’s Top 5 Takeaways · What does it all mean? Resources: Hughes Hubbard & Reed website Mike Huneke
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    34 mins