The Biden Administration is expected to increase antitrust enforcement against criminal cartels and bid-rigging conspiracies.  Global companies have to address this significant risk by implementing a compliance program that meets the Justice Department’s 2019 Guidance on Antirust Compliance Programs. In this Episode, Michael Volkov reviews the Antitrust Division’s Guidance and compliance program requirements.

The Justice Department and the SEC have a long history of focusing FCPA enforcement on pharmaceutical and medical device companies.  Starting with a broad “industry sweep” nearly a decade ago, DOJ and the SEC have brought numerous enforcement actions.  In response, drug and device companies have attempted to implement effective compliance programs. In this Episode, Mike Volkov discusses FCPA enforcement trends and compliance strategies.

Compliance programs are rapidly evolving. One of the key drivers of this transformation is the increased reliance on automated compliance functions that generate substantial data. Relying on data analytic strategies, compliance officers are quickly identifying key areas for measurement, monitoring and assessment as an important means to intervene and prevent serious misconduct. In this Episode, Michael Volkov reviews the rapid movement toward proactive compliance and...

In a precedent-setting agreement, the Justice Department, OFAC and the Bureau of Industry Security announced a settlement with SAP SE for more than $8 million for numerous violations of the Iran Sanctions program. While the Justice Department’s National Security Division (“NSD”) has settled prior export control and sanctions cases against corporations for violations of the North Korea Sanctions program, the SAP case is the first...

Chad Main is the Founder of Percipient, a legal and compliance technology firm.  Chad joins Michael Volkov for a discussion of current legal and compliance technology trends.Chad provides helpful advice on use of technology in compliance programs and functions. Chad’s company website is Here.

Last week, the Biden Administration announced new and significant trade sanctions against Russia. The action was long expected given the Biden Administration’s criticism of Russia, and was a comprehensive response to Russia’s interference in the 2020 US election, its SolarWinds cyberattack and its ongoing occupation of Crimea and threatening addition of troops along the Ukraine border. Over the last few months, OFAC has ratcheted up sanctions against...

ESG is firmly implanted in the corporate governance landscape.  Prosecutors and regulatory agencies are quickly adding ESG to their lexicon. The real question for every organization is “what are you doing to address it?”  ESG is a terrific opportunity to leverage an organization’s corporate culture to address a broad set of values beyond ESG principles. In this Episode, Michael Volkov discusses the ESG movement and...

Boeing’s long and tragic scandal surrounding its 737 MAX safety concerns and FAA disclosure violations has come to an end.  DOJ announced a settlement early this year, on January 7, 2021, which included a three-year deferred prosecution agreement (DPA) in exchange for total payments of $2.5 billion, consisting of: a $243.6 million criminal penalty, $1.77 billion in compensation to its airline customers, and $500 million to establish...

The Ethics & Compliance Initiative recently released its 2021 Global Business Ethics Survey.  The GBES is an insightful and important survey. The link to the report is HERE. In this Episode, Michael Volkov interviews Pat Harned about the results and the important findings.

Mike Volkov interviews Alex Cotoia, Regulatory Manager and Compliance Consultant at the Volkov Law Group, concerning trade compliance and anti-boycott issues. Alex specializes in corporate risk assessments, evaluation of general compliance programs, and the remediation of compliance deficiencies. He also specializes in trade (export) compliance and is familiar with a broad range of issues arising under both the Arms Export Control Act and its implementing...