All Things Investigations Podcast

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.

Podcast Episodes

Episode 28 - May 22, 2023

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.

Episode 27 - May 8, 2023

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.

Episode 26 - April 24, 2023

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.

Episode 25 - April 10, 2023

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.

Episode 24 - March 27, 2023

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.

Episode 23 - March 13, 2023

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.

Episode 20 - January 30, 2023

Hughes Hubbard partner and litigator Amina Hassan discusses the FTX crypto scandal, one of the most unbelievable stories in recent fraud history.

Episode 19 - January 23, 2023

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.

Episode 18 - January 9, 2023

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.

Episode 15 - November 7, 2022

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. 

Episode 14 - October 24, 2022

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.

Episode 13 - October 10, 2022

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.

Episode 10 - August 22, 2022

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.

Episode 9 - August 8, 2022

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.

Episode 8 - July 25, 2022

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.

Episode 7 - July 11, 2022

Laura Perkins and Jan Dunin‑Wasowicz speak with host Tom Fox about the growing intersection of international arbitration, anti-bribery, and anti-corruption compliance.

Episode 6 - June 20, 2022

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.

Episode 5 - June 6, 2022

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.

Episode 4 - May 16, 2022

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.

Read the transcript.

Episode 3 - May 2, 2022

Hughes Hubbard partner Michael DeBernardis and host Tom Fox discuss key developments in ethics compliance and FCPA from Q1 2022.

Read the transcript.

Episode 2 - April 18, 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.

Read the transcript.

Episode 1 - April 4, 2022

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.

Read the transcript.