Featured Articles:

SEC Proposes Robust Cyber Incident Reporting for Public Companies

The Securities and Exchange Commission is busy. The new Chairman Gary Gensler hit the ground running and is pushing an active agenda of policy issues and enforcement.  Along with this push, the SEC’s new enforcement director, Gurbir Grewal, is ramping up enforcement actions and priorities.  Together, the SEC is poised to cause a big impact in policy and enforcement.  As always, a limiting force will...

Antitrust Division Stumbles in Recent Criminal Cases (Part III of III)

Players with fight never lose a game, they just run out of time – John Wooden (UCLA Basketball Coach) If you even dream of beating me you’d better wake up and apologize – Muhammad Ali The Justice Department’s Antitrust Division has suffered setbacks in recent months. Prior to these recent cases, DOJ’s Antitrust Division secured some significant trial victories, including Bumble Bee’s former CEO Chris...

DOJ’s Big Case Victories and Misguided Targets (Part II of III)

History is written by the winners – Napoleon It’s never just a game when you’re winning – George Carlin On the top of its record of success, DOJ won two big and highly-contested cases.  The first against Elizabeth Holmes and the second against Roger Ng.  In perhaps one of its most significant failures, DOJ was handed a quick acquittal of Mark Forkner, Boeing’s Flight Technical...

You Win Some and You Lose Some:  DOJ’s Stumbles and Mixed Bag of Criminal Trial Results (Part I of III)

Winners Never Quite and Quitters Never Win – Vince Lombardi If you fight you might lose; if you don’t, you have already lost – Bertolt Brecht Federal prosecutors know that their job – to represent the United States – is the highlight of their legal career. Speaking from experience, federal prosecutors are a privileged lot – they can announce in court they represent the United...

Episode 231 — SEC Update: Climate Change and Cyber Incident Reporting Rules

The SEC is a very busy enforcement agency. While promising more aggressive enforcement of securities rules, the SEC has issued two set of comprehensive rule amendments. The first proposes new rules governing cyber incident reporting, disclosures and governance. In the second major policy action, the SEC issued its long-awaited rules governing climate change and greenhouse gas emissions. in this Episode, Michael Volkov reviews the two...

Appellate Court Upholds OFAC Designation of Oleg Deripaska, a Major Oligarch

The Office of Foreign Asset Control’s designation of an entity as a Specially Designated National (SDN) is the “kiss of death.”  Such designation not only has a direct impact on an SDN’s ability to engage in business but has a ripple effect in the global economy.  Many companies not subject to OFAC regulation in the global marketplace may choose to cease or restrict business with...

Ethics and Compliance Initiative Impact 2022 — Sign Up Now!

SIGN UP HERE April 19 – April 22, 2022 IMPACT 2022 is the premier gathering of the year for ethics and compliance officers and practitioners who look to improve their organizational E&C initiatives while increasing efficiency and reducing costs. This year’s event features keynote addresses featuring the United States Department of Justice and the Securities and Exchange Commission. In addition, IMPACT 2022 offers more sessions...

Antitrust Division Enforcement – As Promised and Being Delivered

The Antitrust Division’s Assistant Attorney General Jonathan Kanter promised a new era in antitrust enforcement.  He won bi-partisan support from both Republicans and Democrats.  Across the antitrust field, he promised aggressive merger enforcement, civil enforcement against digital markets, and constraint of market power in numerous industries.  AAG Kanter promised a new approach and he is delivering. The annual Antitrust Spring Meeting in Washington, D.C. is...

DOJ Raises Stakes on Corporate Compliance Programs – Accountability and Certifications

The Biden Administration’s Department of Justice has promised aggressive white collar enforcement. On the flip side, the DOJ has recognized the importance of effective ethics and compliance programs.  In an interesting speech, the Assistant Attorney General of the Criminal Division, Kenneth Polite, delivered an important speech on ethics and compliance programs. AAG Polite’s speech reiterated the importance of the Justice Department’s 2020 Evaluation of Corporate...

OFAC Focuses on Cybercrime by Sanctioning the Hydra Darknet Market and GARANTEX Cryptocurrency Exchange

Matt Stankiewicz, Partner at The Volkov Law Group, joins us to discuss OFAC’s recent sanctions relating to cybercrime, darknets, and cryptocurrency. Matt can be reached at [email protected] Continuing with both its crackdown on cybercriminals and illicit digital marketplaces, along with its continued economic pressure on the Russian Federation, OFAC has sanctioned two entities that fit both criteria.  On April 5, 2022, the U.S. Treasury Department’s...