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Join us for The Third-Party Risk Management & Oversight Virtual Summit December 7-8, 2022

Join us December 7-8 for Compliance Week’s Third Party Risk Management & Oversight Summit, the only cross-industry conference dedicated to risk management, oversight strategies, and best practices for vendor and third-party relationships. The Summit will be live-streamed virtually. Our Partner Jessica Sanderson will be joining Sandeep Bhide for a panel entitled Deep Dive into Third-Party Relationships to Identify 4th and Nth Parties on December 7 from 12:00...

Episode 253 — A Deep Dive into the Oracle SEC FCPA Settlement

Oracle Corporation settled its second FCPA case in ten years. It agreed to pay the SEC $23 million to resolve allegations that its subsidiaries in Turkey, India and the United Arab Emirates maintained slush funds to bribe foreign officials. Ten years ago in 2012, Oracle paid the SEC $2 million for creating millions of dollars in off-the-books accounts at its India subsidiary. Join Michael Volkov...

State Department Announces Plans to Heighten ITAR Enforcement Over Transfers of Controlled Data

Alexander Cotoia, Regulatory Manager at The Volkov Law Group, rejoins us for a posting on State Department’s plan to increase ITAR enforcement of controlled data transfers. Alex can be reached at [email protected]. During a plenary session of the Defense Trade Advisory Group (“DTAG”)  that convened on November 9, 2022, Deputy Assistant Secretary of State Mike Miller outlined a number of initiatives undertaken by the Directorate...

Sam Finkelstein Joins Volkov Law Group

We are pleased to announce the addition of Sam Finkelstein as an Associate Attorney at The Volkov Law Group. Sam comes to Volkov Law from the Bergen County Superior Court, where he served as Judicial Law Clerk to the Hon. Frances A. McGrogan, J.S.C.  Before his clerkship, Sam worked as a Legal Analyst with The Volkov Law Group; in this capacity, Sam distinguished himself as...

DOJ’s Perspective on Clawbacks and Deferred Compensation Systems (Part III of III)

DOJ’s decision to examine corporate compensation programs as an important part of a compliance program should be welcomed.  DOJ’s initiative asks a very good question – how can incentives and disincentives be used to promote compliant behavior without unjustly punishing shareholders who bear the brunt of large corporate penalties? DOJ wisely decided to open this issue to further examination through a consultation process.  The possible...

Teasing Out Clawbacks and Deferred Payment Schemes – Who Should be Held Accountable and for How Much? (Part II of III)

The Justice Department did not just willy-nilly announce its embrace of clawbacks and deferred payment compensation punishment as a remediation tool for companies that suffer an enforcement action and settlement.  To the contrary, DOJ has been examining this issue, even citing it in important policy spheres and enforcement actions, as an important tool in its arsenal. Both the DOJ and the SEC have been weighing...

Two-Part Webinar: 2022 FCPA Enforcement and Compliance Year in Review (Part I); 2022 Sanctions Enforcement and Compliance Year in Review (Part II)

2022 FCPA Enforcement and Compliance January 10, 2022 12 Noon EST Sign Up Here FCPA: The Justice Department and the SEC continued to push FCPA enforcement with a new emphasis on aggressive enforcement resolutions, heightened compliance expectations and certification requirements designed to increase accountability. The Biden Administration promised a new, aggressive approach, and they are starting to deliver on that promise. While there were several important corporate...

Incentives and Disincentives as the New Engine of Effective Compliance (Part I of III)

Some were surprised by the recent move by the Department of Justice in focusing on the importance of incentives and disincentives as an important factor in an effective ethics and compliance program.  Others, however, had been waiting for years to this occur.  To these compliance professionals, DOJ was finally arriving, although late to the game. If we take a step back, the issue is nothing...

Department of Justice Prevails and Blocks Penguin Random House Acquisition of Simon and Schuster – Parties Abandon Transaction

The Department of Justice’s Antitrust Division continues its aggressive pursuit of enforcement and recently succeeded in blocking a controversial acquisition in the book selling market.  After a string of losses in the merger arena, Judge Florence Pan in the District of Columbia agreed with the Department of Justice and blocked Penguin Random House’s (“PRH’s”) proposed $2.18 billion acquisition of Simon and Schuster (“S&S”). Shortly thereafter,...

Happy Thanksgiving from The Volkov Law Group

To all our clients, friends, colleagues, partners and family, Happy Thanksgiving. Please enjoy the holiday and take a moment to share your gratitude with others in your life. All the best for a wonderful holiday.