The ransomware attack on Colonial Pipeline demonstrated yet again the failure of government and business to anticipate cybersecurity issues through traditional tools – risk and vulnerability analysis, implementation of technology and planning to minimize a cyber event, and crisis response protocol. In the aftermath of this debacle, the public lined up to purchase gallons of gasoline because of a short-term shortage in gasoline. These scenes of panic...
Thank you to the brave men and women who have made the ultimate sacrifice. We honor their service, their courage, and their memories. Let us use this holiday to remind us all of our heroes and to honer them for their service.
When you look at the core of several major financial scandals, it is easy to point to problems with sales incentives and corporate culture. A company can rapidly grow due to the extraordinary performance of a company’s sales culture. In many cases, this sales culture creates real and significant risks for misconduct. To address such potential for misconduct, companies rely on internal controls to constrain...
The Justice Department’s criminal prosecution of the chicken producing industry took another significant turn. Step-by-step, the Antitrust Division is building a large and comprehensive criminal prosecution of a significant cartel. Claxton Poultry Farms refused to plead guilty and cooperate in the Antitrust Division’s sprawling criminal prosecution. Instead, Claxton Poultry Farms became the second producer to be charged and the first to be indicted rather than...
The Ethics & Compliance Initiative (ECI) is fielding a confidential survey about the applicability of compliance guidance documents issued by the US Department of Justice. A summary of the results will be shared publicly, and with the DOJ. If you are a Chief Compliance Officer, Chief Ethics & Compliance Officer or Chief Ethics Officer (or the equivalent) and want to share your views, please participate...
The U.S. Attorney’s Office for the Southern District of California recently announced a settlement of a False Claims Act case against Tungsten Heavy Powder of San Diego (THP), which was filed and prosecuted by the Volkov Law Group on behalf of two relators, Global Tungsten & Powders Corporation (GTP), and Greg Caputo, a former employee of THP. GTP and Caputo filed the original lawsuit under...
Corporate boards face exponentially escalating risks – at the heart of this development is the rapid escalation of board member accountability. Board members are no longer operating in a sinecure, free from legal risks. The walls are changing. A perfect example of the changing landscape of risk is the importance of cybersecurity oversight and protections. The criminal cyberattack against the Colonial pipeline and the acknowledge...
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.
Lawyers can “Break Bad” and veer from ethical and professional standards. Somehow this is not so hard to envision. Legal misconduct occurs more than most expect. And the system reacts in variety of ways – professional responsibility enforcement actions and judges stand as the two most important watchdogs over legal professional conduct. In a curious and headline-making case, Judge Royce Lamberth, who is known for...
Webinar: Policy Management, Governance and Leveraging Your Culture of Compliance June 16, 2021, 2 PM EST SIGN UP HERE Companies today face increasing pressure to build effective ethics and compliance programs as part of an overall governance structure. Investors, activists and key stakeholders are pushing for transformative reforms built around environmental, social and governance principles. An essential part of this initiative is a well-designed policy...
Board and Fraud – a Jonathan T. Marks Blog
