Category: Podcasts

Episode 325 — AI Risk and Compliance Frameworks

The new compliance cottage industry surrounds artificial intelligence.  We are at such an early stage of AI development — companies are still figuring out how they can employ the technology.  Some industries, such as financial institutions, however, have been using AI for fraud detection and other issues.  I expect financial institutions will set the tone for much of compliance practices around AI. There is no...

Episode 324 — Third-Party Risks and Sanctions Compliance

With the beginning of the era of the “New FCPA,” as coined by DOJ’s Deputy Attorney General Lisa Monaco, we now need to focus on third-party risk and sanctions enforcement.  The law, the practice and the risks are important and not just the same as FCPA legal requirements.  As we embark on a new criminal enforcement era surrounding sanctions violations, companies have to address this...

Episode 323 — Carlos Villagran Discusses Rebuilding a Corporate Culture After a Crisis

Carlos Villagrán is the Director of Compliance at CMPC, a 100 years’ old Chilean-based holding company, one of the worldwide leading manufacturers of pulp, paper, packaging, personal care and other forest products. Carlos discusses the challenges he faced in joining CMPC after a significant crisis — CMPC’s prosecution for antitrust cartel violations in Chile and Peru. With more than 20,000 employees, CMPC has industrial operations...

Episode 322 — Checking in on the Caremark Cases

Episode 322 — Checking in on the Caremark Cases

Over the last ten years, we have seen a marked shift from the Delaware Chancery Court chipping away at corporate board member liability claims. In a number of seminal cases involving Boeing airplane crashes (In re the Boeing Co. Derivative Litig., No. 2019-0907 (Del. Ch. Sept 7, 2021)), and deadly listeria outbreaks from tainted ice cream (Marchand v. Barnhill, 212 A.3d 805 (Del. 2019)), Delaware...

Episode 321  — Review of the EU Whistleblowing Directive wih Alex Cotoia and Daniela Melendez

Episode 321 — Review of the EU Whistleblowing Directive wih Alex Cotoia and Daniela Melendez

Directive 2019/1937 of the European Parliament and Council dated 23 October 2019 on the “protection of persons who report breaches of Union law” (the “Directive”) is currently being implemented by EU Member States. The directive has broad applicability to organizations operating in the EU internal market and applies to both public and private sector organizations alike. Whistleblowers are guaranteed legal protection to the extent: (1)...

Episode 320 — NAVEX 2024 Whistleblower Report

Episode 320 — NAVEX 2024 Whistleblower Report

NAVEX continues to produce high-quality compliance reports, many of which are a must-read in the compliance industry.  Its annual Whistleblower Report is of particular note — NAVEX is the leading provider of hotline services in the world and its data is invaluable as a source of trends in this industry. This year –2024 — is no exception.  NAVEX combed through the data from 3784 organizations...

Episode 319 — Deep Dive into SCG Plastics $20 Million Settlement with OFAC to Resolve Violations of Iran Sanctions Program

Episode 319 — Deep Dive into SCG Plastics $20 Million Settlement with OFAC to Resolve Violations of Iran Sanctions Program

OFAC is capable of extending a long-arm of enforcement, reaching sometimes non-U.S. companies that may “cause” another company to violate U.S. Sanctions laws.  If you need to find an example of this long reach, look no further than OFAC’s recent settlement with SCG Plastics (“SCG”), in which SCG, a Thailand company, which sells plastic resins, agreed to pay $20 million for violations of the Iran...

Episode 318 — LRN’s Recent Study Underscores Importance of Ethical Culture and Values-Based Leadership

Episode 318 — LRN’s Recent Study Underscores Importance of Ethical Culture and Values-Based Leadership

LRN continues to set the standard for ethics and compliance program research.  Volkov Law is  a supporter of, and advocate for, LRN’s research because it has consistently confirmed what we all know and believe — ethical companies perform better in the marketplace over the long run.  It is an intuitive fact that employees respond better to values-based leadership than a rules-based environment and culture.  Volkov...

Episode 317 — Deep Dive into Trafigura’s FCPA Settlement

Episode 317 — Deep Dive into Trafigura’s FCPA Settlement

On the heels of the Gunvor FCPA settlement for $661 million, DOJ announced its settlement with Trafigura, the latest commodities trading company to fall under DOJ’s FCPA Sweep against the industry.  Trafigura joined the list of international commodity trading companies to suffer FCPA enforcement actions — Vitol, Sargeant Marine, Glencore, Freepoint, and Gunvor. DOJ’s corporate resolutions are connected to individual prosecutions and guilty pleas of...

Episode 316 — DOJ Announces New Whistleblower Program and Encourages Self-Disclosures

Episode 316 — DOJ Announces New Whistleblower Program and Encourages Self-Disclosures

In a recent speech, on March 7, 2024, Deputy Attorney General Monaco announced that DOJ would be implementing in the next 90 days a new whistleblower program to reward reporting of criminal misconduct at both public and private companies.  In particular DOJ will encourage reporting of potential violations of the Foreign Corrupt Practices Act (“FCPA”) and the recently-enacted  Foreign Extortion Prevention Act (“FEPA”). AAG Monaco...