Bölümler
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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 -
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 -
Eksik bölüm mü var?
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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 -
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 -
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 -
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 -
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 -
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 -
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by guests Mike DeBernardis and Shayda Vance to discuss the significant case involving Austal USA, a shipbuilding company facing charges of securities fraud and obstruction of a federal audit due to the misreporting of costs for U.S. Navy ships.
The episode delves into the actions taken by the DOJ and SEC and underscores the complexities involved when senior executives are implicated in fraud and the challenges companies face in maintaining compliance and cooperation with government investigations. The conversation highlights the importance of having a robust compliance program and the critical role of the board of directors in overseeing investigations. The guests also explore the specific ramifications for government contractors and defense contractors and the significant impact of U.S. jurisdiction on foreign companies listed on American Deposit Registries. Through the lens of the Austal case, the discussion provides vital insights and lessons for compliance professionals, corporate executives, and board members.
Key Highlights
Details of the Fraud and Legal Actions
Lessons Learned and Analysis
Government Contractors and Compliance Programs
Challenges in Replacing Senior Executives
Significance of ‘Not Presently Responsible’ in Government Contracting
Implications of Listing on the American Deposit Registry
Resources:
Hughes Hubbard & Reed website -
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, host Tom Fox welcomes back Tom Lee to take a deep dive in the Supreme Court’s invalidation of the Chevron deference and what it means going forward.
In this episode, special counsel Tom Lee joins the podcast to discuss the Supreme Court’s recent decision in the Loper Bright case, which overruled the long-standing Chevron deference. Lee explains the implications of this ruling on how courts interpret ambiguous statutory terms and provides insights into the decision’s grounding in the Administrative Procedure Act rather than the Constitution. He also discusses the potential impact on past cases decided under Chevron, future regulatory challenges, and the strategic considerations for companies navigating the new legal landscape. Throughout, Lee offers a thorough analysis of the evolving legal environment and its consequences for administrative law.
Key Highlights
Overview of the Loper Case and Chevron Deference
Supreme Court’s Decision and Its Implications
Consequences of Overruling Chevron Deference
Future Challenges and Legal Strategies
Administrative Procedures Act and Its Impact
Resources:
Hughes Hubbard & Reed website
Thomas Lee
HHR Client Alert-Litigation After the Demise of Chevron Deference -
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 -
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 -
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 -
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 -
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 -
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 -
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 -
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 -
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, I was joined by HughesHubbardReed partner Mike Huneke and Brent Carlson, Director at BRG, to discuss the concepts around their recent paper, Boards of Directors Lovin’ It after McDonald’s? A Fresh Look at Directors’ Duty of Oversight in the New Era of Sanctions & Export Control Corporate Enforcement.
Mike Huneke and Brent Carlson are seasoned professionals specializing in fraud compliance, corruption issues, sanctions, and export control enforcement. Huneke’s perspective on the duties of directors in sanctions and export controls is that boards need to be proactive and engaged in understanding and addressing these risks, emphasizing the importance of caution, skepticism, and diligence in overseeing these critical areas of compliance. His views are shaped by his experience in investigating, litigating, remediating, and preventing fraud, as well as his belief in the importance of good corporate governance and risk management. Carlson emphasizes the significance of understanding geopolitics in the context of company operations and advocates for a return to fundamental principles amidst rapid regulatory changes. His perspective is shaped by his experience in assisting companies navigate the complexities of sanctions and export controls, and his belief in the importance of boards actively engaging with management, asking questions, and ensuring thorough investigations are conducted.
Key Highlights:
Directors’ Role in Export Control Compliance
McDonald’s Case: Duty of Oversight Emphasis
Dynamic Compliance Monitoring for Export Controls
Directors’ Accountability for Compliance and Risk Management
Proactive Board Oversight for Compliance Excellence
Resources:
Hughes Hubbard & Reed website
Brent Carlson on Linkedin
This podcast is based on:
Brent & Mike’s blog post on directors’ duty of oversight can be found here: Boards of Directors Lovin’ It after McDonald’s? A Fresh Look at Directors’ Duty of Oversight in the New Era of Sanctions & Export Control Corporate Enforcement (Jan. 12, 2024).
For more on sanctions and export control compliance in the new era of FCPA-like corporate enforcement, see Brent’s and Mike’s prior posts here:
— Brent’s piece that launched the series, When Loopholes Create Liability Pitfalls: A Fresh Look at Export Controls (Aug. 25, 2023).
— How can you assess your risk of sanctions violations? Know Your Customer, But Also Yourself: A Fresh Look at Sanctions & Export Controls Risk Assessments in the Era of the “New FCPA” (Sept. 28, 2023).
— If you discover a sanctions problem, how can you efficiently investigate and remediate it? Slow is Smooth, Smooth is Fast: A Fresh Look at Planning and Executing Internal Investigations into Allegations of Sanctions or Export Controls Evasion (Oct. 30, 2023).
— What does that mean for future fines and penalties for export control evasion? From Peanuts to Prison Time – A Fresh Look at the Evolution of Export Controls Penalties (Nov. 14, 2023).
— Why is an FCPA “mindset” required for sanctions and export control compliance, and how to apply one? The Blind Men and the Elephant (Dec. 18, 2023). -
Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, I joined HughesHubbardReed partner Kevin Carroll to take a deep dive into the DC Court of Appeals opinion on the immunity claim of Citizen Trump.
Kevin Carroll's perspective on the percussive opinion on Trump's immunity doctrine claims is that it was a significant and positive development for democracy. Carroll expresses satisfaction with the unanimous opinion and believes that it comprehensively addresses the issues at stake. His understanding of the resolution of Bill Clinton's special counsel case further reinforces his belief that former presidents can be held criminally liable for conduct committed in office. He also emphasizes the importance of the opinion being written in a way that is understandable to non-lawyers and the weight of the per curium nature of the opinion, indicating that all three judges signed it, making it difficult to challenge or dismiss any part of it.
Join Tom Fox and Kevin Carroll on this episode of All Things Investigation to delve deeper into this topic.
Key Highlights:
Unified and Authorless Judicial Decisions
Expiration and Integration of Presidential Terms
Influence and Binding of the Opinion
The Crucial Role of the Appeal Process
Wither the Mandate?
Resources:
Hughes Hubbard & Reed website
Kevin Carroll on LinkedIn - Daha fazla göster
