This is likely to be a politically incorrect posting. I hope I do not offend too many people, especially those new data privacy professionals. As kids, we were always excited when an ice cream truck visited our neighborhood offering a new flavored ice cream. For a brief period of time, the new ice cream flavor was the popular rage. In the corporate legal and compliance...
The California Consumer Privacy Act (CCPA) presents numerous compliance challenges for businesses. Given the heightened focus on consumer privacy and ever-increasing enforcement risks, companies have to move quickly to ensure appropriate compliance programs are in place by January 1, 2020. Any business that collects, stores and processes consumer information is subject to significant risks. The importance of CCPA compliance is not limited to businesses that...
When the federal government fails to assume responsibility for establishing law and policy in important federal areas of jurisdiction, the individual states then spring into action to fill the vacuum. When the Framers considered the proper role of the federal government after the debacle of the misguided Articles of Confederation, the Framers adopted our Constitution premised on the foundation of a strong federal government. Unfortunately,...
On July 22, 2019, Microsoft finally resolved its FCPA enforcement action with a whimper. Notwithstanding prior suggestions that Microsoft’s investigation uncovered global conduct, Microsoft’s liability focused primarily on Microsoft’s conduct in Hungary. Even with the tailored settlement agreement, DOJ and the SEC reiterated robust expectations surrounding third-party distributor networks, particularly in the software industry. To resolve a lengthy six and one-half year investigation, Microsoft entered into a non-prosecution...
In a major announcement and escalation of the sanctions regime targeting President Maduro and Venezuela, on August 5, 2019, the Trump Administration issued a new Executive Order 13884 (Here) to block all property of the Venezuela Government. The aggressive action was implemented to target the Maduro regime. At the same time, OFAC issued 12 amended general licenses (Here) and 13 new general licenses (Here), and...
This is likely to be a politically incorrect posting. I hope I do not offend too many people, especially those new data privacy professionals. As kids, we were always excited when an ice cream truck visited our neighborhood offering a new flavored ice cream. For a brief period of time, the new ice cream flavor was the popular rage. In the corporate legal and compliance...
The California Consumer Privacy Act (CCPA) presents numerous compliance challenges for businesses. Given the heightened focus on consumer privacy and ever-increasing enforcement risks, companies have to move quickly to ensure appropriate compliance programs are in place by January 1, 2020. Any business that collects, stores and processes consumer information is subject to significant risks. The importance of CCPA compliance is not limited to businesses that...
When the federal government fails to assume responsibility for establishing law and policy in important federal areas of jurisdiction, the individual states then spring into action to fill the vacuum. When the Framers considered the proper role of the federal government after the debacle of the misguided Articles of Confederation, the Framers adopted our Constitution premised on the foundation of a strong federal government. Unfortunately,...
On July 22, 2019, Microsoft finally resolved its FCPA enforcement action with a whimper. Notwithstanding prior suggestions that Microsoft’s investigation uncovered global conduct, Microsoft’s liability focused primarily on Microsoft’s conduct in Hungary. Even with the tailored settlement agreement, DOJ and the SEC reiterated robust expectations surrounding third-party distributor networks, particularly in the software industry. To resolve a lengthy six and one-half year investigation, Microsoft entered into a non-prosecution...
In a major announcement and escalation of the sanctions regime targeting President Maduro and Venezuela, on August 5, 2019, the Trump Administration issued a new Executive Order 13884 (Here) to block all property of the Venezuela Government. The aggressive action was implemented to target the Maduro regime. At the same time, OFAC issued 12 amended general licenses (Here) and 13 new general licenses (Here), and...
Most compliance officers will admit that they have more than enough responsibilities in their purview. They are usually not looking for more. I have some bad or good news on this front depending on your perspective. As companies struggle with cybersecurity and data privacy issues, companies should naturally turn to compliance to play a larger role in overall risk mitigation strategies. Up to now, it...
In yet another enforcement action, OFAC announced a $1.709 million settlement with PACCAR, Inc., for 63 apparent violations of the Iran Sanctions Program by DAF Trucks, a wholly-owned subsidiary based in Eindhoven, Netherlands. (Here). On three separate occasions, between October 2013 and February 2015, DAF sold or supplied 63 trucks to customers in Europe that it knew or had reason to know were ultimately intended...
I am proud to announce the launch of a new podcast with my friend and colleague, Tom Fox. In recognition of our mutual appreciation for the Marx Brothers and compliance, Tom and I decided to create a new podcast — Why a Duck? Into the Compliance Soup with Tom Fox and Michael Volkov. The first two episodes are available Here. In the first episode, Tom...
Global companies face significant challenges in managing their supply chain risks. Most companies incorporate a holistic supply chain risk process as part of their enterprise risk management systems. Legal risks, while not the most significant risk, is one aspect of these risks, especially in the aggressive enforcement of anti-bribery, sanctions, anti-money laundering and speciality laws surrounding conflict minerals, human trafficking and slavery. In this episode,...
When it comes to the Justice Department and reading the tea leaves, I often rely on a very obvious point – DOJ tells you in advance what it is planning and then executes its plan. This has been true in the FCPA arena, prosecution of the opioid cases, targeting health care fraud and a history of initiatives. DOJ is fairly transparent on its priorities. Recently,...
