Michael Volkov – The Volkov Law Group

Analogic FCPA Settlement – From Russia With(out) Love

BK Medical, a subsidiary of the Denmark company, Analogic settled an FCPA enforcement action last week with the Justice Department and the SEC for approximately $14 million. Analogic agreed to pay $3.4 million to the Justice…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Convergence of Audit and Compliance Functions

Returning to the serious subject of compliance, there are some who argue that compliance is a lot simpler than professionals and commentators tend to describe. I am an advocate for simplicity as a way to ensure adoption of…more
| Commercial Law & Contracts, International Law & Trade

The Only Thing You Have to Fear . . . Is No Documentation

Compliance is a profession that requires multi-tasking – another profound grasp of the obvious. But in the multi-tasking world, some principles and strategies are more important than others. My colleague and compliance…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Guest Post from Patrick Henz — Compliance Indicators

Most compliance presentations and documents mention at some point the Transparency International Corruption Perception Index (CPI), as it is by far the best known corruption index. Of course, unlike weight, temperature or time,…more
| Commercial Law & Contracts, International Law & Trade

Compliance Reminder — DOJ Announces Largest Healthcare Fraud Takedown

On Wednesday, June 22, 2016, the DOJ announced the largest nationwide heath care fraud takedown in history, which resulted in criminal and civil charges against 301 individuals for alleged participation in health care fraud…more
| Commercial Law & Contracts, Government Contracting, Health, Science, Computers, & Technology

DOJ Folds Criminal Case Against Federal Express

In another set back last week, after a contentious criminal prosecution, the government dismissed its criminal charges against Federal Express. DOJ indicted Federal Express for drug trafficking relating to shipping of illegal…more
| Commercial Law & Contracts, Communications & Media Law, Criminal Law, Science, Computers, & Technology

Con Men, Criminals, and Compliance

What does it take (or not take) to be a con artist and/or a white collar criminal? Do not kid yourself — white collar criminals can be “dangerous,” in that they usually suffer from significant personality disorders. Many are…more
| Commercial Law & Contracts

DOJ Suffers Criminal Trial Setbacks: Warner Chillcott President Acquitted

Last week was a tough week for the Justice Department’s criminal prosecutors. Before everyone gets out their Yates Memorandum trending claims, it is important to recognize that DOJ’s loss in several high profile cases does not…more
| Commercial Law & Contracts, Criminal Law, Health, Science, Computers, & Technology

Defining “Effective” Ethics and Compliance Programs

The compliance profession faces many challenges. Some are more important than others. When it comes to evaluating performance, or measuring compliance programs, the profession has a steep uphill climb…more
| Commercial Law & Contracts, International Law & Trade

A Rush to Compliance: Patience is a Virtue

Compliance officers are, by definition, goal driven. They are high achievers and expect to succeed. So what. You may say – we all know that. Compliance officers are not the most patient group of people. They want to see…more
| Commercial Law & Contracts

Akamai and Nortek – DOJ Touts Declinations Under FCPA Pilot Program

DOJ’s FCPA Unit knows what they are doing. In the immediate weeks after the release of the FCPA Pilot Program, DOJ publicly released two declination letters for Akamai Technologies and Nortek, Inc. and the SEC announced…more
| Commercial Law & Contracts, Construction Law, International Law & Trade, Science, Computers, & Technology

The “Economic Costs” of Compliance Mandates

I always enjoy economists and the rigor of economic analysis. It has a logic all its own. Economic theory reveals the power of incentives and disincentives. Many critics of economic theory fail to see how it applies to real…more
| Commercial Law & Contracts, International Law & Trade

The SEC’s Return to Accounting Fraud Enforcement

Just like the ups and downs of the business cycle, SEC enforcement of accounting fraud cases follow an up and down trend as well. For example, during the financial crisis, SEC enforcement of accounting fraud cases took a back…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

Third Party Risk Management: Balancing Due Diligence Screening and Monitoring

In response to aggressive FCPA enforcement and recurring problems with third parties, companies have spent substantial resources and time to design and implement comprehensive ethics and compliance programs. A key part of this…more
| Commercial Law & Contracts, International Law & Trade

A Fair Assessment of the Impact of the Yates Memorandum

Never argue with stupid people, they will drag you down to their level and then beat you with experience. – Mark Twain If only Mark Twain were alive today, he would have many opportunities to articulate his wisdom,…more
| Commercial Law & Contracts, Securities Law
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Areas of Practice
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