Michael Volkov | The Volkov Law Group

The Need for Robust OFAC Compliance Programs

People are good at complaining. People often say to themselves, “Things are not going my way,” and they love to feel sorry for themselves. People who are professional victims are toxic…more

3/3/2015 | Commercial Law & Contracts, International Law & Trade

Boiling Down the Attorney-Client Privilege Issue

If you want to inflame a discussion between general counsels and chief compliance officers, just try to develop a consensus on the importance of attorney-client privilege. A GC and a CCO will mouth the right words – of course,…more

3/2/2015 | Civil Procedure, Commercial Law & Contracts

Putting a Stop to Human Trafficking

Consistent with the US Government’s zero tolerance policy concerning human trafficking, a cadre of government agencies recently published a final rule amending the current Federal Acquisition Regulations provisions on human…more

2/27/2015 | Civil Rights, Commercial Law & Contracts, Labor & Employment Law, International Law & Trade, Government Contracting

Doctor “No” Versus Doctor Practical

Better to keep your mouth shut and appear stupid than to open it and remove all doubt. — Mark Twain Years ago (seems like eons), I wrote a column lamenting lawyers and compliance professionals who operate by telling their…more

2/26/2015 | Commercial Law & Contracts

The Time is Now for Every Company to Conduct Culture Audits

Companies and CCOs are starting to get the message – the best and most effective control against code and legal violations is a culture of ethics and compliance. Those are high-minded ideals for high-level executives…more

2/25/2015 | Commercial Law & Contracts

Avoiding Silos: Bringing Together the Key Compliance Players

One of my favorite SNL skits from years ago was John Belushi as Henry Kissing, singing “Getting to Know You” with his arms around Menachem Begin and Yasser Arafat – a true classic. The same can be said for the compliance world –…more

2/24/2015 | Commercial Law & Contracts

An “Effective” Compliance Program is Not a Perfect One

The golden ring for every chief compliance officer is an “effective” ethics and compliance program. But if you ask a CCO if the company’s compliance program is ”effective,” they will bow their heads and reluctantly admit, “No,…more

2/23/2015 | Commercial Law & Contracts, International Law & Trade

The Over-Criminalization of Regulatory Compliance

The Supreme Court is about to send another shockwave in criminal law. No one suspected that the Roberts Supreme Court would become a pro-defendant court but with the support of some conservative justices, the tide against…more

2/20/2015 | Commercial Law & Contracts, Criminal Law, Securities Law

Understanding the Different Mandates Between Legal and Compliance February 3 2015 [Video]

With the rise of the compliance function in corporate governance, chief compliance officers and general counsels have had to define their responsibilities and coordinate their activities. To do so, chief compliance officers and…more

2/18/2015 | Criminal Law, Labor & Employment Law

Third Party Audits: Biting the Bullet

The next compliance frontier in anti-corruption enforcement is third-party audits. We have spent the last few years fashioning third-party audit contractual provisions to define when and how such audits can be conducted…more

2/18/2015 | Commercial Law & Contracts, International Law & Trade

Future of Corporate Monitors

No company wants a corporate monitor. If you ask any General Counsel, Chief Compliance Officer or Chief Executive Officer, they can list an infinite number of alternative punishments they would rather suffer than have a…more

2/18/2015 | Commercial Law & Contracts

The Compliance Revolution and Improving Board Oversight

We all know there has been a sea change in the compliance profession. No longer are compliance professionals relegated to the backwater of corporate governance. Instead, they are now front and center and being asked to design…more

2/16/2015 | Business Organizations, International Law & Trade

Sanctions Enforcement – Facilitation Violations

As sanctions enforcement continues to mature, the permutations of risks become more complex. One area where companies have significant exposure is when they can be accused of “facilitation.”…more

2/13/2015 | Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

A Most Violent Year – Doing What is Most Right

It is rare to say but Hollywood occasionally can provide us with ethics and compliance lessons. My wife and I recently saw the movie, A Most Violent Year. It is worth seeing – not just for entertainment, but also for the ethics…more

2/12/2015 | Commercial Law & Contracts

Is Your Board Engaged on Compliance or Not? Be Honest!

We all can cite situations in which we avoid the truth. Part of the reason is we want to believe and cannot accept the truth. With age, we supposedly acquire wisdom and become more realistic about personal and professional…more

2/11/2015 | Commercial Law & Contracts

Michael Volkov – The Volkov Law Group

Understanding the Different Mandates Between Legal and Compliance February 3 2015 [Video]