FCPA Compliance Report

By Thomas FoxBusiness News News Commentary Business News

FCPA Compliance Report episodes

December 20, 2021Brandon Daniels-Ongoing v. Point in Time Due Diligence
In this episode of the FCPA Compliance Report, I visit with Brandon Daniels, President of Exiger. Brandon is a long-time favorite on the FCPA Compliance Report and he always brings a unique perspective to a variety of compliance topics. In this episode, we look at the Theranos case from a very different angle than the criminal fraud trial of Elizabeth Holmes. We consider the due diligence lessons from Theranos. Highlights of this podcast include:
What is the difference in ongoing due diligence v. point in time due diligence?
How does Due Diligence on potential investments different (or not) from DD on other types of 3rd parties?
What type of areas should you look at in DD of potential business partners/investments?
How do you perform DD on leaders or senior management of potential business partners/investments?
What people or skill sets should be on your DD team? For instance you would you suggest have been on a DD team to evaluate Theranos?
How do you evaluate the risk or are you simply trying to ID red flags?
Does DD provide insight into the leader of a potential business partners/investments continuing after the deal is done?

Resources
Brandon Daniels on Exiger website
Pre-investment, IPO and Fund-Raising DD

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30 min
December 13, 2021 Kyle Brasseur, Editor in Chief at Compliance Week
In this episode of the FCPA Compliance Report, I visit with Kyle Brasseur, new appointed Editor in Chief at Compliance Week. We talk about Kyle’s professional career at ESPN, his move to Compliance Week, highlights of his work at CW and CW down the road. Highlights of this podcast include:
1. Early professional career and roles at ESPN?
2. What brought him to CW. What roles held at CW.
3. Some favorite projects at CW.
4. His move into the EIC Role
5. What are some of his goals moving forward as EIC?
6. Inside the Mind of the CCO Survey Report and long form reporting this year.
7. Compliance Week 2022 Conference. How can listeners register? What is the Ambassador Program and how can listeners participate?

Resources
Compliance Week
Kyle Brasseur LinkedIn profile

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35 min
December 06, 2021Kevin O’Brien on the Elizabeth Holmes Trial
In this episode of the FCPA Compliance Report, I visit with Kevin O’Brien, partner at Ford O’Brien in NYC. Kevin is a long-time white-collar defense lawyer and former AUSA in the Eastern District of New York. We take a deep dive into the Elizabeth Holmes trial, critiquing both the prosecution and defense. Highlights of this podcast include:
Professional background and current practice.
Why is this trial so significant?
Strength(s) of the prosecution’s case? Did you think the prosecution was successful in its case in chief?
What about the defense case? What did you see as the strengths of the defendant's case-in-chief?
Did the prosecution leave any openings for the defense?
Was Holmes playing the gender, abused spouse card warranted?
Putting Holmes on the stand was and is a huge risk. What are the benefits/downsides?
Does Holmes testimony to date remove or take away the gender/abused spouse defense she pushed pretrial?
Where else can the defense go?

Resources
Ford O’Brien LLP
Kevin O’Brien firm profile

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35 min
November 29, 2021Irene Kaushanky on Why Supply Chain is the Connective Tissue in the Fight Against Modern Slavery
In this Episode of the FCPA Compliance Report, I visit with Irene Kaushansky, Associate Director of Compliance and Operational Integrity at Global Fund to End Modern Slavery. Irene is passionate about the fight against Modern Slavery and Human Trafficking. She talks about the Fund and its mission in this podcast. Highlights of this podcast include:
What is the Global Fund to End Modern Slavery? What is the problem of of modern slavery?
How does the organization accomplish this mission?
Why is the private sector so critical to fighting this international scourge? How does the organization work with the private sector?
What is some of the impact the Global Fund has achieved?
How to get involved with the Global Fund.
Resources
Global Fund to End Modern Slavery
Irene Kaushansky on LinkedIn

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27 min
November 22, 2021John Davis and James Tillen on WPP
In this Episode of the FCPA Compliance Report, I visit with Miller & Chevalier members John Davis and James Tillen. We take a deep dive into the WPP Foreign Corrupt Practices Act enforcement action. Highlights of this podcast include:
What the basic facts?
What were the missed red flags and M&A failures?
When do compliance incentives become perverse?
What were the investigative failures?
What made the Chinese bribery scheme so unusual?
The Peru bribery scheme was across national lines. Does that make it harder to detect?
Where is the DOJ?
Where is the SFO?
How did WPP get a resolution with no monitor?
Resources
John Davis
James Tillen

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33 min
November 15, 2021Mary Inman on an International Whistleblower Practice
In this Episode of the FCPA Compliance Report, I visit with Mary Inman, partner at Constantine Cannon. She runs the firms International Whistleblower practice from London. Highlights of this podcast include:
The power of internal whistleblowing.
EU whistleblower Directive.
FCA whistleblowers.
SEC bounty program as a model for other federal agencies.
CFTC whistleblower awards.
Where is whistleblower regulation headed.
Resources
Mary Inman on Constantine Cannon website.

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33 min
November 09, 2021Mike DeBernardis on Q3 Compliance and Enforcement Highlights
In this Episode of the FCPA Compliance Report, I have thrilled to have back fan favorite Mike DeBernardis, partner at Hughes Hubbard. Mike is back for our quarterly FCPA and compliance review and in this episode, we look at highlights from Q3 2021. Highlights of this podcast include:
FCPA Enforcement Actions-WPP and Credit Suisse. What are the key lessons learned?
What does it mean to extend at DPA?
Pandora Papers-how do you think this will drive the move for greater transparency around trusts and other opaque corporate forms?
SEC
a.       Increased enforcement and admissions of liability in settlement docs.
b.       ESG Reporting requirements-what does this mean for corps
c.       Increased scrutiny for both crypto and SPACs
5. National Security Directive coming out in December.
6.HughesHubbard annual FCPA alert
Resources
Mike DeBernardis on Hughes Hubbard website.

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43 min
November 01, 2021 Matt Silverman - Trade Compliance, Part 2

In this Episode of the FCPA Compliance Report, I conclude a special two-part series with Matt Silverman on trade compliance. Matt leads the VIAVI Global Trade team and provides strategic guidance to management on international regulatory requirements - including customs, export controls, embargoes, sanctions and antiboycott laws - enabling compliant movement and market access for VIAVI's products, software, technology and services. Highlights of this podcast include:
1.         What are the key components of a best practices trade compliance program?
2.         It seems to me that trade compliance is even more important coming out of Covid 19 and into our ‘new normal’.
3.         What would you tell a young compliance professional about focusing on trade compliance?
4.         Where do you see trade compliance down the road in 2025 and beyond?
5.         Where does trade compliance fit into ESG?
Resources
Matt Silverman on LinkedIn
Articles
Navigating the Line Between US Export Controls and Anti-Discrimination Laws,
Export Compliance Manager, Issue 12, April 2021
Ensuring Export Compliance in Activity-Based Working Spaces, Home Offices,
International Trade Blog, March 3, 2021
Navigating Export Compliance, CEP Magazine, March 2021
What HR Needs to Know About Export Compliance and Deemed Exports, International Trade Blog, January 11, 2021
Championing Your Compliance Program, CEP Magazine, November 2020

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29 min
October 25, 2021Matt Silverman - Trade Compliance, Part 1
In this Episode of the FCPA Compliance Report, I begin a special two-part series with Matt Silverman on trade compliance. Matt leads the VIAVI Global Trade team and provides strategic guidance to management on international regulatory requirements - including customs, export controls, embargoes, sanctions and antiboycott laws - enabling compliant movement and market access for VIAVI's products, software, technology and services. Highlights of this podcast include:
What got Matt interested in trade compliance?
What is trade compliance?
Why has trade compliance become not only more challenging but more important in the corporate world?
Under the prior administration, it seemed like new sanctions were announced almost daily. Has that pace of sanctions continued under the current Administration?
Join us next week for Part 2 where we dive into a best practices trade compliance program, trade compliance into 2025 and beyond and trade compliance and ESG.
Resources
Matt Silverman on LinkedIn
Articles by Matt Silverman
Build A Visitor Management Program That Ensures Export Compliance, International Trade Blog, July 7, 2021
Employee Behavior and Workplace Culture: Measuring Your Training’s Impact, Ethikos, July 2021
Export Compliance & Anti-Discrimination: Best Practices to Resolve Competing Interests,
PLI Chronicle: Insights and Perspectives for the Legal Community, June 2021
Considerations and Challenges in Developing Compliance Training, CEP Magazine, May 2021

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21 min
October 18, 2021Trish Refo-Lawyers in the Public Square
In this episode of the FCPA Compliance Report, I am joined by Trish Refo, Immediate Past President of the ABA. Trish recently penned an article for the ABA magazine entitled “Lawyers in the Public Square”. In this article Trish spoke about the need for lawyers to do more then to simply follow the law but to “model civility and respect in broader society and in the public square”. We discuss the article and some of Trish’s highlights as President of the ABA. Highlights of this podcast include:
Why Trish wrote ‘Lawyers in the Public Sqaure’?
When we were sworn in, we took an oath to follow the laws and constitution our state. Do we owe more as lawyers?
Why do you feel lawyers have a duty to “model civility and respect in broader society and in the public square”?
You wrote about the need for lawyers to engage in ‘self-examination’ as a profession. Why do we need to do so?
Why do lawyers need to do more than ‘avoid violation of the rules’?
Why do you believe lawyers bring ‘real morality into the legal consciousness’?
What is the role of the ABA in facilitating this self-examination?
Why is the role of the ABA as important as it has ever been?
How can lawyers get more involved in this effort through the ABA?
How can law firms help facilitate this conversation through the ABA?
The 3 things you are most proud from tenure as President of the ABA?
Resources
Wilmer and Snell
Lawyers in the Public Square

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29 min

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