All Things Investigations Podcast
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Welcome to Hughes Hubbard's All Things Investigations podcast. This page is updated with the latest podcast episodes. Please check back often for new episodes, or subscribe and be notified when a new episode becomes available.
In this episode of All Things Investigations, Tom Fox is joined by Hughes Hubbard partner Mike DeBernardis to mine compliance lessons from the recently announced Gunvor and Trafigura FCPA enforcement actions. Mike DeBernardis has a seasoned, comprehensive understanding of FCPA enforcement actions and compliance matters, a perspective deeply informed by his numerous client advisory roles on self-disclosure decisions and his regular participation in industry discussions. DeBernardis explains how the DOJ appears to be 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.
In
this episode of All Things Investigations, Tom Fox is 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
vs. Yellen. 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 Hughes Hubbard team brought the lawsuit on behalf of the National Small Business Association, arguing the CTA was a constitutional overreach as it mandated the reporting of beneficial ownership data to combat money laundering and criminal activities.
In this episode of All Things Investigations, Tom Fox is joined by Hughes Hubbard partner Michael Huneke and Mei Li Zhen, Head of Ethics & Compliance in Commercial Operations & Subsidiaries for Airbus. Zhen has extensive experience working with those who have diverse international backgrounds and believes that a strong, company-wide ethics compliance program that is embedded in the business and culture is a competitive advantage that attracts young talent and gains the trust of investors and governments. She emphasizes the value of everyone in the organization feeling responsible for behaving with integrity. Huneke shares a similar perspective that a strong compliance program is a self-reinforcing cycle that not only attracts the right talent but also enhances a business’s reputation and reliability. Huneke and Zhen also discuss strategies for communicating effectively across multiple functions, languages, and cultures—challenges that are ever-present for large multinationals.
Episode 47 - February 28, 2024
In this episode of All Things Investigations, Tom Fox is joined by Michael Huneke and Brent Carlson, Director at BRG, to further discuss their recently published article, “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.” Huneke and Carlson’s background of advising on fraud compliance, corruption issues, sanctions, and export control enforcement gives them a knowledgeable perspective on the duties and responsibilities of directors in sanctions and export controls. In the episode, Huneke discusses the importance of a board being proactive and engaged in understanding and addressing these risks, emphasizing caution, skepticism, and diligence in overseeing these critical areas of compliance. 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. Tune in to this episode for an interesting discussion about how boards should be engaging with management, asking questions, and ensuring thorough investigations are conducted.
Episode 46 - February 12, 2024
In this episode of All Things Investigations, Tom Fox and Kevin Carroll take a deep dive into the U.S. Court of Appeals for the District of Columbia Circuit opinion on the immunity claim of Citizen Trump. Kevin’s perspective on the 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.
In this episode of All Things Investigations, Tom Fox is joined by Mike DeBernardis to discuss the recently announced FCPA enforcement action involving SAP. Mike is a seasoned expert in the field of FCPA enforcement, with a specific focus on SAP enforcement action and the critical role of compliance programs. Drawing from his extensive knowledge of corruption schemes in various countries and the role of third-party intermediaries in these activities, DeBernardis views the SAP enforcement action as a pivotal case study that underscores the importance of robust compliance programs and proactive remedial actions. He commends SAP for their significant investment in their compliance program and their willingness to alter their business practices, such as severing certain third-party relationships and high-risk conduct. DeBernardis believes these actions reflect a commitment to business integrity and serve as a valuable lesson for companies navigating complex investigations.
In this episode of All Things Investigations, Tom Fox and Kevin Carroll continue reviewing the various indictments against former President Trump, including the oral argument in the U.S. Court of Appeals for the District of Columbia Circuit regarding presidential immunity. Informed by his military background, Carroll also gives his perspective on the necessity of U.S. military officers to uphold their constitutional oath, distinguishing the armed services from oppressive organizations. Additionally, Carroll expresses concern about potential harm caused by the “irresponsible” behavior of Trump and some of his lawyers and supporters.
Episode 43 -December 18, 2023
In this episode of All Things Investigations, Tom Fox, Laura Perkins, and Kevin Abikoff discuss the 2023 FCPA Alert and its impact on companies in the U.S. and abroad. They provide a detailed analysis of the current anti-corruption enforcement landscape, practical advice for navigating legal waters, and inspiration from a rock and roll great.
Episode 42 -December 11, 2023
This episode of All Things Investigations explores the recent EU Corporate Sustainability Due Diligence Directive that could transform compliance programs and corporate governance globally. Tom Fox and Nicolas Tollet analyze the Directive’s provisions mandating human rights and environmental risk management across company value chains. Nicolas explains how the new law builds on France’s pioneering 2017 Duty of Care legislation, and its impact on corporate accountability for both EU and non-EU multinationals.
Episode 41 - November 27, 2023
How can companies effectively remediate after uncovering misconduct? In this episode of All Things Investigations, Tom Fox discusses with Mike DeBernardis the lessons learned from the recent Albemarle FCPA enforcement action and settlement. They analyze the company’s self-disclosure timeline, the credit received for holdbacks, and the overall cooperation and remediation efforts that led to a favorable NPA.
Episode 40 - November 13, 2023
How can companies adequately prepare for the DOJ’s aggressive new deadlines for M&A disclosures? In this episode of All Things Investigations, Tom Fox discusses the implications of the DOJ’s new M&A Safe Harbor policy with Mike Huneke. They explore best practices for meeting the 6-month and 1-year deadlines, how to approach pre-acquisition due diligence, and whether this policy will lead to more or fewer disclosures.
In this episode of All Things Investigations, host Tom Fox and Kevin Carroll discuss the alarming revelation that former President Trump allegedly shared sensitive information about nuclear submarines with an Australian civilian, as well as an unusual court hearing involving a limited gag order on Trump. They explore the gravity of the information supposedly shared, its implications on national security, and the potential legal repercussions.
In this episode of All Things Investigation, Tom Fox and guest Kevin Abikoff discuss the Department of Justice’s introduction of a CCO certification in the wake of FCPA violations. Kevin offers his unique perspective on this issue; their conversation also explores broader issues of corporate governance and the role of the Board of Directors.
Episode 37- September 25, 2023
In this episode of All Things Investigations, host Tom Fox and guest Mike Huneke explore a complex legal case involving Cognizant Technologies and former executives facing criminal charges for alleged bribery. The court’s ruling in this case has far-reaching implications for privilege disputes, document production, and cooperation with the government.
Episode 36 - September 11, 2023
In this episode of All Things Investigations, host Tom Fox delves deep into the significant enforcement action by the SEC against 3M in China with guest Mike DeBernardis. The action revolves around the provision of covert trips to Chinese government officials by 3M to secure business deals. These concealed itineraries raised eyebrows due to tell-tale signs like simultaneous scheduling of tourist activities with educational events and an absence of proper translation services.
In this episode of All Things Investigations, Tom Fox and Laura Perkins delve into the workings of the FCPA unit within the fraud section of the Department of Justice. This unit, pivotal in investigating and prosecuting Foreign Corrupt Practices Act violations, operates within a robust hierarchy and collaborates extensively with other agencies.
In this podcast, Tom Fox is joined by Hughes Hubbard & Reed partners Kenyen Brown and Kevin Carroll as we continue to review the various indictments against former President Trump. In this episode, we look at the state court indictment from Georgia.
The use of Racketeer Influenced and Corrupt Organizations (RICO) charges in the Georgia indictment against former President Trump is seen as a bold move by legal experts. The indictment includes a wide range of individuals at different levels of government, raising concerns about its sweeping scope and potential consequences. The conversation between Tom, Kenyen, and Kevin delves into the challenges and complexities of the election fraud trial, including the large number of defendants and potential disruptions in the proceedings. The podcast also discusses the difficulties faced by prosecutors in bringing a case against the former President and current candidate for the Presidency and the importance of judicial restraint in maintaining order and fairness in the legal system. Overall, the podcast provides insights into the significance of the RICO charges, the concerns surrounding the Georgia indictment, and the challenges faced in prosecuting high-ranking officials.
In this episode of All Things Investigations, host Tom Fox discusses the legal intricacies surrounding the Donald Trump indictments with legal experts Kenyen Brown and Kevin Carroll. Tearing apart the indictment against the former President, the conversation illuminates the reality of a country grappling with the unprecedented indictment of its former Commander-in-Chief. They dive deep into the evidence, potential repercussions and broader implications for the legal profession and democracy itself.
Tom Fox and guests Kenyen Brown and Kevin Carroll take a deep dive into the legal drama surrounding President Trump. On this week’s episode of All Things Investigations these seasoned attorneys walk us through three major legal events that unfolded in a momentous week. They uncover the delicate balance of political and legal intrigue, explain court strategies, and reveal the ins and outs of the judicial process.
Mike Huneke and Jan Dunin-Wasowicz join Tom Fox on this episode of All Things Investigation, to shed light on key ideas and challenges faced by companies and compliance professionals in the evolving landscape of trade sanctions and anti-corruption compliance. They explore the shift from traditional know-your-customer (KYC) practices to a more comprehensive anti-corruption mindset, the impact of sanctions on various sectors in Europe as well as the convergence of anti-evasion practices. Focusing on the recent emphasis on trade sanctions and their impact on global business, Mike and Jan offer valuable insights and practical guidance for companies navigating these complex regulatory landscapes.
Special Episode 30 - June 14, 2023
In this special episode, partners Kenyen Brown and Kevin Carroll examine the recent and unprecedented indictment of former President Trump. They discuss the severity of the charges, the sensitive material, and the potential penalty the former president could face, which could be up to 20 years imprisonment and a $250,000 fine for each count.
In this episode, Benjamin Britz and host Tom Fox unpack two high-profile wire fraud cases reshaping how fraud convictions are viewed. Their conversation explores the Cuomo administration cases – Percoco and Ciminelli – providing in-depth analysis of the unanimous Supreme Court decisions and highlighting their broader implications on applying the wire fraud statute.
The new French Investigative Guidance, jointly introduced by the AFA (Agence Française Anticorruption) and PNF (Parquet National Financier), discusses the appropriate methodology for carrying out internal investigations, specifically concerning corruption-related instances. In this episode, partners Anne Gaustad and Bryan Sillaman provide a detailed overview of the guide, contrasting the similarities and differences with U.S. guidelines, and the implications it holds for U.S. companies.
Ethical culture is not just about having a set of guidelines or policies in place, but rather, it’s about employees having strong values and principles that guide their decisions, even when no one is looking. In this episode, compliance expert Laura Paredes joins hosts Tom Fox and Michael DeBernardis to discuss what ethical culture means, how to achieve it, and signs that a company does or does not have an ethical culture.
In this episode, partner Andrew Kopsidas discusses the ins and outs of the International Trade Commission (ITC), including its broad definition of unfair trade practices, the plaintiff and defendant roles, and the power of the agency to bar products from entering the U.S. He also shares insights on the speed of ITC cases, the role of administrative law judges, and the importance of having good ITC counsel.
Can Congress investigate a local prosecutor’s ongoing investigation and prosecution? This question has been sparked by the purported potential congressional investigation of Manhattan District Attorney Alvin Bragg. In this episode, partners Kevin Carroll and Kenyen Brown share their thoughts on the unprecedented matter and discuss the potential constitutional and legal issues that may arise.
In this episode, Tyler Grove and John Hannon tackle a rule that every business executive and compliance officer needs to be aware of: the IT Supply Chain Security Rule. This rule authorizes the U.S. Department of Commerce to review transactions involving property or services subject to U.S. jurisdiction that come from foreign countries deemed as foreign adversaries, such as China and Russia. We discuss the implications of the rule, its impact on trade with China and other countries, and what businesses need to know to stay compliant.
Hughes Hubbard partner Benjamin Britz talks about the recent Delaware Court of Chancery decision regarding the NRA McDonald’s case. In this discussion, Ben explains the court system in Delaware and the background facts of the case involving sexual misconduct and harassment allegations against McDonald’s CEO and his Chief People Officer, David Fairhurst. He also explores the legal rationale for the duty of oversight and the duty of information and compliance information systems.
Episode 22 - February 27, 2023
Hughes Hubbard partners Mike Huneke and Laura Perkins discuss the key changes to the Department of Justice’s Corporate Enforcement Policy, including its new self-reporting incentives. We also review how companies can best position themselves to avoid prosecution and/or mitigate consequences when facing a criminal investigation.
Episode 21 - February 13, 2023
John Wood, Hughes Hubbard alumnus and attorney on the January 6th Committee, joins partner Michael DeBernardis to delve into the inner workings of the committee's investigation. Topics explored include: planning and organizing the investigation, the dynamic among staff members, dealing with difficulties in obtaining documents and difficult witnesses, and the hearing and final report.
Hughes Hubbard partner and litigator Amina Hassan discusses the FTX crypto scandal, one of the most unbelievable stories in recent fraud history.
Kevin Abikoff, partner and Co-Chair of Hughes Hubbard's Anti-Corruption & Internal Investigations practice, examines the DOJ's Chief Compliance Officer (CCO) certification requirement instituted in 2022 and its impacts on corporations.
Hughes Hubbard partner Kevin Carroll discusses Attorney John Durham's investigation into the FBI's 2016 Russia probe, the evident shortcomings of the Foreign Intelligence Surveillance Act (FISA), and the importance of robust anti-corruption programs when conducting business and humanitarian efforts in Ukraine.
Episode 17 - December 12, 2022
Hughes Hubbard partners Kevin Abikoff and Laura Perkins share important highlights from this year's highly anticipated FCPA & Anti-Bribery Alert including the DOJ's recent discussions about chief compliance officer certifications, the Monaco memo, and an assessment of this past year in FCPA.
Episode 16 - November 28, 2022
Hughes Hubbard partner Philip Giordano reflects on the recent Taylor Swift concert ticket debacle and its broader antitrust enforcement implications. Topic areas include vertical and horizontal integration, concentrated markets, and the DOJ's ongoing concerns with the primary ticketing market.
Hughes Hubbard partner Mike Huneke and host Tom Fox discuss pre-acquisition due diligence in relation to the Foreign Corrupt Practices Act, questions a potential acquirer should ask before buying a business, and basic mandates from the DOJ around post-acquisition responsibilities.
Hughes Hubbard partners Kenyen Brown and Kevin Carroll share their perspectives on the January 6 Committee, specifically exploring the influence of technology in public hearings and investigations, the significance of the January 6 Committee report, and the clarification of the Electoral Count Act.
Hughes Hubbard counsel Tyler Grove and host Tom Fox discuss Executive Order 14083 in relation to CFIUS, the Biden administration's approach to business and national security issues, and how companies should be prepared to respond when asked to provide information or assistance in a CFIUS review.
Episode 12 - September 26, 2022
Hughes Hubbard partner Laura Perkins and host Tom Fox examine the DOJ's Monaco Memo, its guidance and instructions for prosecutors, and the steps companies can take to demonstrate timeliness.
Episode 11 - September 12, 2022
Hughes Hubbard partner Mike Huneke and host Tom Fox return to discuss the role of the General Counsel and the recent Chief Compliance Officer certification policy released by the DOJ.
Kevin Carroll, Hughes Hubbard partner and former CIA case officer, examines the broader implications of the Federal Bureau of Investigation's search of President Trump's Mar-a-Lago residence on August 8. He explores how documents are classified, the types of nuclear-related materials a president can access, how a search warrant is executed, and the Classified Information Protection Act (CIPA), among other key issues.
Partners and regional legal experts Christine Kang and Bryan Sillaman discuss the current landscape of anti-corruption enforcement in China and France and, specifically, what U.S. companies with operations in these countries need to know. Topics include: China’s anti-corruption enforcement in the healthcare sector, China’s Personal Information Protection Law (PIPL), the French SAPIN II Law, and the French Blocking Statute.
Partners and regional legal experts Diego Durán de la Vega and Salim Jorge Saud Neto discuss the key issues impacting anti-corruption enforcement in Mexico and Brazil today.
Laura Perkins and Jan Dunin‑Wasowicz speak with host Tom Fox about the growing intersection of international arbitration, anti-bribery, and anti-corruption compliance.
Hughes Hubbard partner Philip Giordano and host Tom Fox discuss antitrust regulations and enforcement developments under the Biden administration. Topics include key changes in the DOJ's Antitrust Division over the last 18 months and the increased enforcement we can expect in the area of mergers and acquisitions.
Hughes Hubbard counsel Tyler Grove and host Tom Fox discuss the current sanctions landscape, particularly in light of Russia's recent invasion of Ukraine. They explore the Biden administration's multilateral approach to sanctions, how sanctions have evolved over the past three administrations and continue to evolve, and what companies can do to protect their supply chains.
Hughes Hubbard partner Kevin Carroll and host Tom Fox delve into congressional investigations, covering the role of the congressional committee chairman, the inapplicability of attorney/client privilege, and Carroll's advice to clients facing an investigation.
Hughes Hubbard partner Michael DeBernardis and host Tom Fox discuss key developments in ethics compliance and FCPA from Q1 2022.
Hughes Hubbard partner Kenyen Brown and host Tom Fox discuss Brown's tenure as U.S. Attorney for the Southern District of Alabama, his service on the House and Senate Ethics committees, and why racial and discrimination issues make "S" the most important - and frequently overlooked - component of ESG compliance.
In our premier episode, Hughes Hubbard partner Mike Huneke and host Tom Fox discuss a recent federal court decision in an FCPA-related matter that illustrates some fundamental considerations on the preservation of privilege during an investigation.
