Michael Volkov – The Volkov Law Group

Calculating the Incalculable: Reputational Damage (Part I of III)

Today I am beginning a three-part series on reputational damage. The first part tries to define the term “reputational damage;” the second part focuses on managing threats to a company’s reputation and the final posting proposes…more
| Commercial Law & Contracts, International Law & Trade

The Necessary Ingredient to Compliance Success: Interpersonal Skills

We always bandy the phrase around of “people skills,” or the old trendy phrase of “emotional intelligence.” Hopefully, this posting can create some ideas around new approaches to these old concepts and trendy terminology…more
| Commercial Law & Contracts

DOJ’s Warning to High-Tech Companies: SAP Official Pleads Guilty To FCPA Violation

When DOJ acts, they like to make a splash. While the FCPA Paparazzi have been lamenting the “slow down” in FCPA enforcement actions and the increase in case closings, DOJ still makes its mark when it acts, and I expect more DOJ…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology, Government Contracting

SEC Unveils First FCPA Enforcement Action Focused On Hiring Practices: BNY Mellon

The SEC is having a good year in the FCPA enforcement arena. As a former prosecutor, my eyes would sometimes glaze over when discussing civil enforcement actions. The SEC, however, has turned its FCPA enforcement program into a…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, International Law & Trade, Securities Law

SEC Promotes Value of Cooperating Witnesses

Change does not occur overnight. The SEC, as much as any other government agency, has touted its hiring of former prosecutors and use of aggressive investigation tactics. I always took those statements with a grain of salt –…more
| Commercial Law & Contracts, Securities Law

The Danger of Compliance Overkill

Government prosecutors spend time promoting enforcement programs and encouraging companies to design and implement effective ethics and compliance programs. The blogosphere is filled with articles, surveys, studies, warnings,…more
| Commercial Law & Contracts

Meaningful Measurement of the Effectiveness of an Ethics and Compliance Program

Talk is cheap, especially when it comes to ethics and compliance programs. Words are easy but action and commitment is even harder. The compliance industry needs to put more meat on the bones of compliance. It is not enough to…more
| Commercial Law & Contracts

Meaningful Measurement of the Effectiveness of an Ethics and Compliance Program

Talk is cheap, especially when it comes to ethics and compliance programs. Words are easy but action and commitment is even harder. The compliance industry needs to put more meat on the bones of compliance. It is not enough to…more
| Commercial Law & Contracts

You Cannot Buy an Ethical Corporate Culture

I do not mean to be facetious or snarky, but I am concerned about organizations that sell or promote their ability to certify or give a seal of approval to a company as an “ethical” company.  Even more troubling (or perhaps…more
| Commercial Law & Contracts

The 5 Most Common AML Compliance Program Deficiencies

Anti-money laundering compliance is a very difficult task. The number of risks is exponential. AML compliance officers have an innovative and rich history of compliance techniques and strategies. In the end, AML compliance…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Why is it So ($&#%*!) to Hard to Hire People in Compliance?

Maurice Gilbert, head of Conselium Executive Search, the leading executive search firm for compliance professionals, has written a fascinating piece on the difficulty in hiring compliance professionals. He was gracious enough…more
| Commercial Law & Contracts

Supreme Court Called Upon to Review the Newman Case and Address Insider Trading Liability

The Supreme Court is very likely to enter into the fray over the Second Circuit’s controversial Newman decision concerning insider-trading liability. The government has filed a petition for certiorari, and the stakes are high…more
| Commercial Law & Contracts, Securities Law

The Time is Now to Amend the US Sentencing Guidelines on Corporate Ethics and Compliance Programs

We all know the importance of the sentencing guidelines and the impact the revisions, especially the 2010 amendments, have had on corporate governance and compliance. The history behind the sentencing guidelines tracks the rise…more
| Commercial Law & Contracts

5 Signs Your Anti-Corruption Compliance Program is Suffering from “Tunnel Vision”

Many companies, depending on the industry, have implemented anti-corruption compliance programs. Some of the programs meet the standard for an “effective” anti-corruption compliance program. There is a vast difference between…more
| Commercial Law & Contracts, International Law & Trade

Mead Johnson: Baby Formula and Bribes

Last week, the SEC announced a settlement of an FCPA enforcement action for $12 million against Mead Johnson Nutrition for payment of bribes in China to health care professionals at state-owned hospitals. Mead Johnson’s illegal…more
| Commercial Law & Contracts, Health, International Law & Trade
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