Michael H. Huneke

Michael H. Huneke is a partner in the Anti-Corruption & Internal Investigations and Sanctions, Export Controls, and Anti-Money Laundering practice groups at Hughes Hubbard & Reed. 

Mike advises clients on internal investigations related to anti-corruption, economic sanctions, and export controls laws or regulations; on proactive, preventative compliance program design and implementation; and on responding if necessary to external investigations. Mike also advises companies subject to post-resolution monitorships or other commitments, advises companies regarding the design and implementation risk-based strategies for due diligence, and assists companies with conducting or responding to pre- and post-acquisition anti-corruption, sanctions, or export controls due diligence and integration.

The Legal 500 has recognized Mike as a “voice of reason when it comes to compliance matters.”

Mike received Lexology’s Client Choice Award for Investigations-USA for 2022. Clients’ feedback included that Mike “is always able to quickly respond to the client’s queries even on a short notice and provides guidance which is at the same time precise and compelling.”

Mike was also recognized as one of four Hughes Hubbard attorneys honored to receive Global Investigations Review’s (GIR’s) “Most Important Development in the Practice or Law of International Investigations” 2020 award on behalf of the firm and its Anti-Corruption & Internal Investigations team for his representation of Airbus in its historic settlement to successfully resolve bribery and corruption allegations.

International Economic Sanctions & Export Controls

• Representing a multinational oil and gas company regarding an internal review of compliance with economic sanctions
• Assisting a multinational client to design and implement economic sanctions and export controls due diligence on third-party distributors and freight forwarders
• Representing a manfacturing company regarding concurrent Bureau of Information & Security (“BIS”), Office of Foreign Assets Control (“OFAC”), and U.S. Attorney’s Office reviews of a joint venture’s acquisition target and regarding integration of the target into the joint venture’s compliance program
• Representing a manufacturing company regarding the repurposing of now-secondhand industrial equipment originally intended for Russian end-use prior to the imposition of economic sanctions that made the original sale impossible to fulfill
• Represented a purchaser on several transactions collectively for more than USD 700 million regarding pre-acquisition economic sanctions and export controls due diligence and integration-planning
• Advised a U.S.-based manufacturer of medical products regarding its distribution networks into otherwise-sanctioned countries
• Represented an international aerospace and defense company in connection with a review of third parties and related reporting requirements under the U.S. International Traffick in Arms Regulations (“ITAR”)

Internal and External Anti-Corruption Investigations or Reviews

• Represented a world-leading aerospace and defense company in connection with criminal investigations by multiple jurisdictions related to its historical use of third parties
• Represented a Chinese state-owned enterprise regarding an MDB investigation into sanctionable practices, which was ultimately dropped
• Represented a central Chinese state-owned enterprise in connection with the resolution of an African Development Bank investigation into conduct in Africa
• Represented an executive of a company cooperating with a World Bank investigation for sanctionable practices, in the resolution of which the executive was not charged
• Represented a multinational CAC40-listed power, energy, and transportation company regarding its cooperation commitments under a settlement with the World Bank and regarding proffers made to the U.S. Department of Justice (DOJ) regarding conduct in Brazil
• Represented an Indian company in connection with an audit and inspection of multiple projects by the World Bank’s Integrity Vice Presidency
• Represented a Norwegian consulting company in contested proceedings before the World Bank's Sanctions Board
• Represented a NYSE-listed pharmaceutical company in responding to a civil investigative demand (CID) by a U.S. Attorney’s office, regarding potential FCPA and False Claims Act (FCA) violations
• Represented a client in parallel criminal and civil export controls investigations by the U.S. DOJ and the US Department of Commerce, Bureau of Industry & Security
• Conducted an internal investigation at a Fortune 10 energy company regarding a whistleblower’s health, safety, and environmental allegations, and presenting the investigation’s results and recommendations to senior management

Post-Resolution Monitorships or Other Commitments

• Currently representing a global, NYSE-listed company with regard to its independent compliance monitor imposed by U.S. authorities
• Acted as “buffer counsel” between a central Chinese state-owned enterprise and an independent compliance monitor imposed by the African Development Bank
• Represented a multinational "supermajor" oil and gas company in connection with a worldwide risk assessment and compliance audit, in coordination with a compliance monitor
• Represented an internal oil services company regarding post-resolution regional anti-corruption reviews, in coordination with the company’s compliance monitor
• Acted as “buffer counsel” between a CAC40-listed power, energy, and transportation multinational and its independent compliance monitor imposed as part of the company’s resolution of a World Bank sanctions investigation; the monitorship was successfully completed and was the first-ever cited by the U.S. DOJ as reason for not subsequently imposing a monitorship in the resolution of the company’s U.S. investigation
• Assisted Kevin Abikoff as the independent compliance monitor imposed on Innospec by the U.S. DOJ, U.S. Securities and Exchange Commission (SEC), U.K. Serious Fraud Office (SFO), and U.S. Office of Foreign Assets Control (OFAC)
• Assisted Kevin Abikoff regarding an independent compliance review of a United Nations contractor

Due Diligence on Third Parties

• Helped to design and successfully implement a strategy to identify, analyze, and (where possible) mitigate compliance risks associated with nearly 300 historical third parties, which was cited by regulators as one of the reasons for deferring prosecution of the company
• Currently representing a leading aerospace and defense company with its due diligence on new third parties or third parties proposed for renewal
• Currently representing a medical device company with due diligence on third-party distributors or channel partners
• Currently representing a NYSE-listed company with due diligence on select high-risk third parties
• Represented an international defense company with due diligence on third parties to assess compliance with U.S. International Traffic in Arms Regulations (ITAR)
• Represented companies in defense, aerospace, pharmaceutical, medical device, oil and gas, oil services, power, energy, and transportation industries with the design and implementation of risk-based due diligence on third parties, including hundreds of interviews of client personnel and third parties in connection with such reviews

Mergers & Acquisitions Anti-Corruption Due Diligence and Related Investigations

• Provided anti-corruption and trade sanctions pre-acquisition due diligence advice to an NYSE-listed buyer across multiple transactions, several of which closed
• Represented a world-leading aerospace and defense company regarding select pre- or post-acquisition anti-corruption due diligence reviews and/or compliance program integration
• Currently representing a global company in its implementation of a due diligence protocol regarding the former parent company’s due diligence on payments for agents supporting the since-acquired business line
• Represented a multinational company regarding the unwinding of several joint ventures, projects, or other investments with third parties, with a focus on the identification, analysis, and mitigation of potential anti-corruption risks
• Represented a NYSE-listed company in conducting due diligence on an acquisition target’s third parties and conducting a subsequent review into a target subsidiary
• Represented a NYSE-listed pharmaceutical company regarding its pre- and post-acquisition anti-corruption due diligence of a target in Brazil

Compliance Program Enhancements, Risk Assessments, and Second-Level Controls

• Assisted a global technology company in conducting a worldwide, risk-based assessment of its anti-corruption risk, following a resolution of criminal investigations
• Advised a leading aerospace and defense company with ongoing review and enhancement of compliance policies and procedures
• Assisted a leading aerospace and defense company with the design of compliance verification visits to perform second-level controls at regional subsidiaries
• Assisted a leading aerospace and defense company with the design and execution of a comprehensive compliance risk assessment
• Conducted a comprehensive compliance program review for a leading U.S. government defense contractor
• Conducted a comprehensive anti-corruption compliance program review for a central Chinese state-owned enterprise’s international operations

Other Litigation and Arbitration Experience

• Currently assisting arbitration counsel in identifying and raising public policy arguments sounding in anti-corruption in defending claims by a client’s former third parties
• Served as a witness regarding anti-corruption controls in practice in an international arbitration proceeding
• Represented Americans taken hostage, and their families or descendants, by the Islamic Republic of Iran in November 1979 in civil litigation under the U.S. Foreign Sovereign Immunities Act (FSIA)
• Represented a defendant who provided substantial assistance to the United States in the prosecutions of a then-sitting U.S. Senator and several state legislators
• Represented a former U.S. cabinet official regarding several inquiries into events during his tenure and related civil litigation
• Represented a defendant charged with criminal violations of U.S. federal campaign finance law
• Represented a defendant in his U.S. federal plea and sentencing hearings in a case involving false bank records
• Represented an attorney in disciplinary proceedings relating to his use of evidence in a U.S. federal agency proceeding