Jun. 9, 2021

Post-COVID Compliance Strategies: Investigations and Enforcement

As pandemic-related restrictions ease, some of the enforcement and compliance changes they spurred may persist. The Anti-Corruption Report spoke with Nancy Grygiel, the chief compliance officer of Amgen, Gary DiBianco, a partner at Skadden, and Michelle Shapiro, a partner at Arent Fox, about their views on how compliance officers can adapt to a new normal. This second part of our article series discusses post-COVID investigation and enforcement trends, including ESG disclosure challenges. The first part addressed the risks associated with remote working, including training and communication, as well as new ways of doing business that may continue after the pandemic, such as more outsourced roles and increased use of data analytics. See “Former Prosecutors’ Strategies to Minimize Pandemic-Related Compliance Risk” (Apr. 1, 2020).

Alisia Grenville of Oerlikon on Building Excitement for a New Code

For Alisia Grenville, head of compliance at Swiss engineering firm Oerlikon, the preferred way to do her job is “compliance by walking around.” The pandemic has made that impossible, but she is making the most of the time spent out of the office by refreshing her company’s code of conduct and using written communications to build excitement for the new code’s launch. The Anti-Corruption Report recently spoke with Grenville about the role compliance plays at Oerlikon, how she revamped the code and the role the code will play as social distancing requirements ease. See “Using a Code of Conduct to Drive Engagement With Compliance and Ethics” (Mar. 6, 2019).

Managing Sanctions Risk Up and Down the Supply Chain

While direct counterparties have been the focus of most sanctions compliance efforts, recent enforcement actions signal an enhanced regulatory focus on indirect dealings involving sanctioned parties, jurisdictions or activities. OFAC has increasingly brought actions where the subject was one or more steps removed from dealing with a U.S. sanctions target and may not have known of the involvement of a sanctioned person or jurisdiction either upstream (such as an indirect supplier) or downstream (such as a subsequent purchaser, end-user or beneficiary of goods or services provided to a non-sanctioned customer). In this guest article, Jonathan Cross, counsel at Herbert Smith Freehills, discusses four recent enforcement actions that shed light on how OFAC views sanctions risk both upstream and downstream in the supply chain and offer compliance strategies and approaches in light of these insights. See “Compliance and Self-Protection in an Uncertain Sanctions Environment” (Nov. 1, 2017).

Defense Counsel and Public Prosecutor Discuss the Evolving Anti-Corruption Enforcement Environment in the Netherlands

In response to concerns raised by both the OECD Working Group on Bribery and the public, the Netherlands continues to fine tune its anti-corruption enforcement regime. A recent ABA program featuring defense attorneys and a Dutch public prosecutor examined the steps that the Netherlands has been taking to bring greater transparency and oversight to the process of settling criminal corporate corruption cases, the increasing focus on individual prosecutions, and the operation of the attorney-client privilege in the Netherlands with respect to in-house counsel and internal investigations. See “ING and Beyond: Enforcement Insights From a Dutch Prosecutor” (Sep. 19, 2018).

First 100 Days As GC/CCO: Managing Daily Work, Performing Risk Assessments and Looking Ahead

During a new GC or CCO’s first 100 days, he or she is forced to adjust to the role’s rigors while simultaneously performing the position’s legal and compliance duties beginning day one. In conjunction with the knowledge and relationships they will develop their first 100 days, GC/CCOs must continuously evaluate the firms’ weaknesses and risks with an eye toward introducing reforms in the next 100 days and beyond. This third article in a three-part series discusses how new GC/CCOs can balance getting up to speed at their new firm with performing the day-to-day legal and compliance work it requires, while also evaluating necessary changes and improvements going forward. The first article offered guidance for starting the GC/CCO role on the right foot, including how to prepare before day one and ways to set the right tone for the new role. The second article explored why and how GC/CCOs can prioritize gathering knowledge about the firm and building the foundation for solid relationships with key people in their first 100 days. See “How CCOs Can Avoid Personal Liability for an Organization’s Compliance Failures” (Jan. 6, 2021).

Bracewell Welcomes Seth DuCharme as Partner in New York

He most recently served as the Acting United States Attorney for the EDNY and Principal Associate Deputy Attorney General of the United States. For more from Bracewell, see “DOJ Steers the Compliance Conversation Toward Culture” (Apr. 18, 2018).

Former Chief of SEC’s Office of the Whistleblower Jane Norberg Joins Arnold & Porter

She joins as a partner in the firm’s securities enforcement and litigation practice in Washington, D.C. For more from Arnold & Porter, see our three-part series introducing FARA: “Definitions, Exemptions and Increased Risk” (Mar. 3, 2021); “The New Risk Environment” (Mar. 17, 2021); and “Enforcement and Compliance” (Apr. 14, 2021). For more from Norberg, see “Chief of SEC’s Whistleblower Office Discusses Program’s Continuing Success After Its First Decade” (May 12, 2021).

Jennifer Achilles Joins Blank Rome

She joins the firm’s New York office as a partner in the white collar defense and investigations group. For more from Blank Rome, see our three-part series on the Airbus case: “A Milestone in International Anti‑Corruption Cooperation” (Feb. 19, 2020); “Compliance Lessons” (Mar. 4, 2020); and “The Value of Cooperation” (Mar. 18, 2020).