Is the DOJ really changing its playbook on FCPA enforcement, or is it business as usual under a new administration? In this episode, Michael digs into two headline developments that say a lot about where things are headed – the first FCPA declination under the Trump Administration and the first indictment. Both shed light on how DOJ is applying its policies in practice, what companies...
Given the real and significant potential benefits of AI, companies have to be careful in the rush to implement AI technology. Starting with a clear use case, companies have to weigh the potential benefits of AI technology and identify the legal and compliance risks. An AI compliance program is a critical element of a corporate governance structure. Building on this specific policy, companies need to...
The new world of AI presents significant benefits and risks that need to be addressed in an overall governance framework. Luckily, the principles to apply here will surprise no one — governance, compliance, legal and risk professionals will quickly adapt well-known principles to the new frontier of AI. Starting at the Board level, AI oversight responsibility should be assigned a dedicated board committee, such as...
Well, let’s all admit it — we have all enjoyed using the new, hot technology, AI. It is an understatement to opine that AI is transforming our world, business and personal. This development compares to the 1990s and the impact of the Internet. Many of us are early users of AI, finding it a welcome alternative or supplement to Internet research tools. Businesses are quickly...
In the first FCPA declination under the Trump Administration, Liberty Mutual Insurance Company paid $4.7 million in disgorgement and received a declination letter from the Department of Justice. The declination reflects consistent application of the existing Corporate Enforcement Policy. While DOJ has issued new guidance on FCPA enforcement reflecting its revised priorities, DOJ’s declination does not reference or incorporate any ideas from the guidance. Instead,...
Last week, the Justice Department announced that Cadence Design Systems Inc. (Cadence), a global electronic design automation (EDA) technology company based in San Jose, California, agreed to plead guilty to a conspiracy to violate export control laws by selling EDA hardware, software, and semiconductor design intellectual property (IP) technology to the National University of Defense Technology (NUDT). NUDT, which is a university in the People’s...
Well, we are in a new era — a fundamental change has occurred, long in the making. National security and trade enforcement have coalesced to elevate trade risks — sanctions and export controls violations will be prosecuted aggressively by DOJ with the support and coordination with relevant regulatory agencies — OFAC, BIS, and DTCC. My focus has not been to instill fear and knee-jerk reactions...
It takes something more than intelligence to act intelligently — Fyodor Dostoevsky Criminals are not as smart as they think they are. There is nothing so unique that elevates a scheme into the ethereal world of brilliance. The schemes get to be “typical” and the means by which they are executed are often fairly obvious. In most white collar cases, criminals are often sociopaths or...
DOJ’s initiation of its aggressive trade enforcement strategy is quickly unfolding — and the new strategy is a real and significant threat to all companies engaged in international trade. We are no longer in the era of FCPA enforcement; we are entering the new world of aggressive trade enforcement which is pinned to national security issues. Few companies have recognized this fundamental shift in DOJ’s...
NAVEX dominates the hotline market. Given its global footprint, NAVEX has access to a large database of employee reports. Building on this unique perspective, NAVEX provides an annual report analyzing the employee reporting data and identifying important trends. On June 3, 2025, NAVEX released its 2025 Regional Whistleblowing & Incident Management Benchmark Report. NAVEX analyzed 2.15 million reports — the highest level ever. Its 2024 report...
