In this Willkie Competition Litigation podcast, partners Boris Bronfentrinker, Elaine Whiteford and Katrina Robson discuss three recent judgments from the UK’s appellate courts in relation to collective proceedings (the UK term for class actions).

Boris Bronfentrinker is the Chair of Willkie’s European Competition and Antitrust Litigation Practice. Boris is a solicitor advocate practicing in complex commercial litigation, with particular experience in competition litigation. His involvement regularly acting for both claimants and defendants before the High Court of England & Wales and in the Competition Appeal Tribunal gives Boris a unique perspective and insight into the conduct of competition disputes from both sides. In this discussion, Boris draws on his extensive experience, including his position at the helm of the first opt-out collective action to be certified under the UK’s collective action regime, to discuss the potential ramifications of these two recent Court of Appeal judgments and one Supreme Court judgment on such a fast-developing regime. 

Elaine Whiteford is a partner in Willkie's European Competition and Antitrust Litigation Practice in London. She has over 20 years' experience of contentious EU, Competition and Regulatory work with particular experience in follow-on damages litigation, challenges to regulatory decisions, cartel investigations and threatened disputes. Having been involved in many of the most significant competition cases in recent years, including numerous appeals to the Court of Appeal and Supreme Court, Elaine provides her insight into the reasoning behind these significant judgments, including as to the expected impact on ongoing and future claims brought under the UK’s collective action regime. 

Host Katrina Robson is a partner in Willkie’s Antitrust & Competition Group based in the firm’s Washington, DC office. Drawing on her involvement in some of the most significant antitrust disputes in recent years and her representation of clients in complex, high-profile antitrust and competition litigation against both government agencies and private parties, Katrina is able to provide valuable insight on these cases from a US perspective.

Listen for an update on these significant judgments and their potential implications on the collective action landscape for both practitioners and clients. Please also see our client alert, “Something for Everyone – the Recent UK Appellate Judgments on Collective Proceedings”, which provides further commentary on these key developments. 

This Willkie Compliance Concourse podcast discusses whether the crash of FTX marks the beginning of a nuclear winter for the crypto ecosystem.  Panelists Christopher Giancarlo, Justin Browder, and Kristy Littman, answer with a resounding “No!” 

Chris Giancarlo, “Crypto Dad,” is senior counsel and co-head of Willkie’s Digital Works practice in New York.  Previously, Chris served as Chairman of the Commodity Futures Trading Commission.  He co-founded the Digital Dollar Project, and serves as its executive chairman.

Justin Browder is a Washington, D.C. partner in Willkie’s Asset Management department, and Co-Chair of the Willkie Digital Works team, the firm’s blockchain and crypto asset practice.

Kristy Littman is a partner in the Litigation Department in Willkie’s Washington, D.C. office.  She is co-head of the firm’s Digital Works team, and a member of the Securities Litigation and Practice group.  Kristy previously served as chief of the Crypto Assets and Cyber Unit in the Division of Enforcement of the US Securities and Exchange Commission. 

Together, they discuss the lessons that have emerged from the current crisis, the future of regulation and enforcement, and the meaning of key concepts such as decentralized finance (“DeFi”), code-based transaction protocols, distributed ledger technology, high-powered decentralized computing, stable coins, non-fungible tokens (“NFT”s) linked to real and personal property, Layer 1 blockchains, and decentralized autonomous organizations (“DAO”s).

A Conversation with Britt Mosman and Justin Browder

This Willkie Compliance Concourse podcast discusses the impact of OFAC sanctions upon Tornado Cash, the role that Tornado Cash – a decentralized virtual currency mixer - played in the digital currency landscape prior to its designation, and the legal implications of the lawsuit filed against the US Treasury challenging the designation.

Britt Mosman is a partner and Vice-Chair of Willkie’s Global Trade & Investment Practice Group in Washington D.C. and member of the Willkie Digital Works team, advising crypto sector participants on BSA/AML and economic sanctions requirements. She is a former advisor for the Department of the Treasury, and was a lead attorney on the Ukraine/Russia, Iran, Cuba, Syria, Election Interference and Cyber-related sanctions programs.

Justin Browder is a partner in Willkie’s Asset Management Department and Co-Chair of Willkie Digital Works team, the Firm’s blockchain and crypto asset practice, in Washington D.C.  He counsels investment advisers, investment funds, broker-dealers, and blockchain, cryptocurrency, and digital asset ecosystems and market participants on all aspects of federal securities laws. He previously served as Assistant General Counsel at a large alternative asset manager in New York.

A Conversation with Ari Redbord, TRM Labs

This Willkie Compliance Concourse podcast discusses blockchain and crypto and how companies like TRM Labs are working to safeguard our financial system. 

Ari Redbord is the Head of Legal and Government Affairs at TRM Labs, the blockchain intelligence company. Prior to joining TRM, Ari was the Senior Advisor to the Deputy Secretary and the Undersecretary for Terrorism and Financial Intelligence at the United States Treasury. In that position, Ari worked with teams from the Office of Foreign Assets Control (OFAC), the Financial Crimes Enforcement Network (FinCEN), and other Treasury components to use sanctions and other regulatory tools effectively to safeguard the financial system from illicit use by terrorist financiers, weapons of mass destruction proliferators, drug kingpins, and other rogue actors, including Iran, Syria, North Korea, and Venezuela.

Listen to learn about the current regulatory landscape of blockchain and crypto, what’s being done to safeguard the crypto economy from elicit actions, and the use of crypto in international trade.

This Willkie Compliance Concourse podcast addresses all aspects of the Foreign Corrupt Practices Act, and provide practical guidance to navigate day‐to‐day FCPA‐related issues. 

Martin, Jeff and Bob are widely regarded as market leaders in this area of law and are frequently recognized by the leading legal directories and third-party publications. Having worked together in private practice for decades, they have sought to create a comprehensive guide on the FCPA, which both private practitioners and in-house counsel can refer to as a point of reference. 

Topics that are covered in the book include the FCPA’s anti-bribery and accounting provisions, the types of conduct for which corporations and individual officers and directors can be held civilly and criminally liable, implementation of a compliance program and risk mitigation measures, and what to do when an FCPA issue arises, whether through an internal or government investigation. This online-only resource also addresses FCPA corollary laws, including the UK Bribery Act, Sapin II and Italian Law 231, with analyses from leading English, French and Italian practitioners. In each chapter, the authors provide invaluable advice to help business leaders navigate the challenges of conducting business successfully and legally around the world.

Supplementing the authors’ legal and practical analysis of the FCPA are:

1. Practical forms, including sample policies
2. Due diligence checklists
3. Sample contractual FCPA safeguards
4. Compliance certifications

Table Of Contents
 
Chapter 1: An Overview and History of the FCPA
Chapter 2: The Antibribery Provisions of the FCPA
Chapter 3: The FCPA’s Accounting Provisions
Chapter 4: Issues Related to Non-U.S. Companies
Chapter 5: Liability of Individuals
Chapter 6: Complying with the FCPA: The Basics
Chapter 7: Complying with the FCPA: Third-Party Relationships
Chapter 8: Complying with the FCPA: Mergers, Acquisitions and Investment Transactions
Chapter 9: Conducting Effective FCPA Internal Investigations
Chapter 10: U.S. Government Enforcement of the FCPA
Chapter 11: Multi-Jurisdictional Investigations
Chapter 12: Global Anticorruption Enforcement
Chapter 13: The United Kingdom Bribery Act 2010
Chapter 14: France’s Anticorruption Legal Framework
Chapter 15: Italy’s Anticorruption Legal Framework
 
To learn more, including how to purchase the Guide, click here.

This Willkie Compliance Concourse podcast discusses David Mortlock’s recent trip to Kyiv and his work for the Government of Ukraine.  

David Mortlock is a partner and Chair of Willkie’s Global Trade & Investment Practice Group and heads the firm’s Washington, D.C. office. During the Obama administration, he served as Director for International Economic Affairs on the White House National Security Council, where he advised on sanctions and other national security regulations.

Listen for a first-hand account of the current situation, including the existing sanctions landscape, predictions for what may happen next, and the role sanctions may play in bringing about a diplomatic solution to the war in Ukraine.

This Willkie Compliance Concourse podcast discusses David Mortlock’s recent trip to Kyiv and his work for the Government of Ukraine.  

David Mortlock is a partner and Chair of Willkie’s Global Trade & Investment Practice Group and heads the firm’s Washington, D.C. office. During the Obama administration, he served as Director for International Economic Affairs on the White House National Security Council, where he advised on sanctions and other national security regulations.

Listen for a first-hand account of the current situation, including the existing sanctions landscape, predictions for what may happen next, and the role sanctions may play in bringing about a diplomatic solution to the war in Ukraine.

This Willkie Compliance Concourse podcast discusses the latest U.S. sanctions against Russia and offer practical advice to compliance professionals on how to respond and how to ensure their companies stay compliant.

David Mortlock is the Chair of Willkie’s Global Trade & Investment Practice Group and heads the Firm’s Washington, D.C. office.  During the Obama administration, he served as Director for International Economic Affairs on the White House National Security Council, and advised on issues regarding Russia, Venezuela, Iran, Cuba, Syria, and Burma.

Britt Mosman is the Vice Chair of Willkie’s Trade & Investment Practice Group in Washington, D.C.  She is a former advisor for the Department of the Treasury, and was a lead attorney on the Ukraine/Russia, Iran, Cuba, Syria, Election Interference and Cyber-related sanctions programs.

Listen for an update on the current situation, what could be coming down the track and how entities doing business in Russia can mitigate their risk. 

This Willkie Compliance Concourse podcast explores Bruno Cova's career, the lessons he has learnt along the way and his views on what is on the horizon for compliance professionals.

Bruno Cova is a partner in Willkie’s Milan office*. He advises clients on both corporate matters and litigation. On the transactional side, Bruno works on restructurings and distressed M&A, while his non-transactional work focuses on corporate governance and compliance, internal investigations and defending corporations and their senior managers before regulators and in the context of criminal proceedings.

Bruno started his career as a private practitioner in Milan and London, and was then general counsel of the exploration & production division of Eni SpA, chief compliance officer of the EBRD, and group general counsel of Fiat SpA. Immediately prior to returning to private practice, he was the Chief Counsel to the Extraordinary Commissioner appointed by the Italian government to investigate Europe’s largest financial fraud at Parmalat and to deal with the restructuring of the company.

Willkie Compliance Concourse now offers comprehensive legal resources for Italian compliance and enforcement matters in the areas of Anti-Bribery and Anti-Corruption, Sanctions, and Privacy. You can access the resources here, articles here, and events here, and keep up with forthcoming news by subscribing to our Weekly Digest.

Listen as Bruno recalls his time as general counsel, touches on the enforcement landscape in Italy and shares his advice to compliance professionals.

*Studio Legale Delfino e Associati, operating in Italy, is affiliated with Willkie Farr & Gallagher LLP

This Willkie Compliance Concourse podcast discusses the current U.S. sanctions against Russia and offer practical advice to compliance professionals on how to respond and how to ensure their companies stay compliant.

David Mortlock is the Chair of Willkie’s Global Trade & Investment Practice Group and heads the Firm’s Washington, D.C. office.  During the Obama administration, he served as Director for International Economic Affairs on the White House National Security Council, and advised on issues regarding Russia, Venezuela, Iran, Cuba, Syria, and Burma.

Britt Mosman is the Vice-Chair of the Global Trade & Investment Practice Group in Washington, D.C.  She is a former advisor for the Department of the Treasury, and was a lead attorney on the Ukraine/Russia, Iran, Cuba, Syria, Election Interference and Cyber-related sanctions programs.

Listen for an update on the current situation, what could be coming down the track and how entities doing business in Russia can mitigate their risk.