Author: Michael Volkov

Biden Administration Responds to Death of Alexey Navalny with Additional Sanctions Against Russia Federation

Following the death of opposition politician Alexey Navalny, the Biden Administration announced a large swath of new and additional sanctions on the Russian Federation.  The U.S. Department of Treasury’s Office of Foreign Assets Control (”OFAC”), in conjunction with the Department of State and the Department of Commerce, added almost 300 individuals and entities to the Specially Designated Nationals List (“SDN List”).  Later in the day,...

Episode 310 — Christian Focacci, CEO and Founder, Threat.Digital, on AI and Compliance

Christian Focacci is a leader in the artificial intelligence world and harnesses the capabilities for risk management. He is the founder and CEO of Threat.Digital, which has launched a new product DiligenAI.  Threat.Digital is leveraging large language models and real-time data feeds to empower organizations to identify risk information confidently and efficiently, setting a new standard in risk intelligence. Mike and Christian discuss AI and...

Supreme Court’s Unanimous Decision Provides Important Protections for Sarbanes-Oxley Whistleblowers

In a unanimous ruling, the Supreme Court reaffirmed the whistleblower protections of the Sarbanes-Oxley Act in the case, Murray v. UBS Securities, LLC et al. (February 8, 2024).  The Supreme Court’s decision reaffirms an ongoing trend — to protect and encourage whistleblower reporting as a means to enforce proper corporate governance.  The European Union’s Whistleblower Directive and new United States whistleblower incentive programs continue to...

Episode 309 — Alex Cotoia on Compliance with Uyghur Forced Labor Prevention Act

On December 31, 2021, President Joseph R. Biden, Jr. signed the the Uyghur Forced Labor Prevention Act (“UFLPA”) into law to address the ongoing exploitation of the ethnic minority Uyghur population by the government of the People’s Republic of China (“PRC”). Among other things, the UFLPA creates a rebuttable presumption that all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part...

Preparing for the Storm — Effective Compliance in the New Sanctions Era (Part II of II)

If companies operated with perfect governance mechanisms and controls, they would all be ready for the coming sanctions enforcement storm.  However, that is not the corporate reality.  Even after several companies are the subjects of these aggressive enforcement actions, corporate boards, senior risk managers and senior executives will turn to the chief compliance officer and ask — “do we have an effective sanctions compliance program?”...

The Coming Corporate Sanctions Enforcement Storm (Part I of II)

There are some things you learn best in calm, and some in storm.  Willa Cather I know I sound like a broken record.  The Justice Department’s white collar criminal enforcement  has been trending down over the last few years.  The reasons for that are unclear — is it resources, difficulty and length of investigations or just lack of initiative?  Whatever the cause may be, one...

Episode 308 — Gabrielle Griffith, Director BPE Global, on Trade Compliance Trends and Expectations

Gabrielle Griffith, Director BPE Global, is an expert in trade compliance issues. Gabrielle assists clients in implementing effective trade compliance programs by addressing improvements within organizations’ people, processes, and systems. In the area of U.S. export controls, she advises clients on compliance with the International Traffic in Arms Regulations, the U.S. Export Administration Regulations, and the various embargo and sanctions programs administered by the Office...

OFAC Begins to Roll Back Venezuelan Sanctions Relief, Again Prohibiting Transactions with CVG Minerven

Matt Stankiewicz, Partner, and Daniela Melendez, Associate, provide key updates on the Venezuela Sanctions Program. Matt can be reached at mstankiewicz@volkovlaw.com and Daniela can be reached at dmelendez@volkovlaw.com. Easy come, easy go.  On January 29, 2024, OFAC published General License 43A under the Venezuela Sanctions Regulations, which partially rolled back a piece of the sanctions relief it provided to the country only a few months prior. ...

DOJ’s New Mantra — Data and Detection

The technology revolution and the rise of information and data permeates every aspect of our economy and daily lives.  It is not surprising then that the Department of Justice and other law enforcement agencies are embracing data analytics as a new enforcement tool.  DOJ is fast embracing data as a new and valuable source of detection. When DOJ issues a grand jury subpoena, this is...

Data Privacy Update — Keeping Up with Developments

When it comes to data privacy and regulation of personal information, United States companies face a number of major challenges.  Compliance is not easy when you have fast-moving targets.  The single biggest cause of this complex environment is the failure of the United States Congress to enact a federal data privacy law.  Trust me, on this point, I know how difficult this can be —...