In this episode we discuss reducing corporate risk caused by laxity, inattention, misconduct, unethical behavior, or even illegal activities by people and organizations in your supply chain. Often these things are what happen when people are under pressure. They may feel pressure to bend rules to hit sales targets, or they feel significant competitive pressure. Shareholders demand a return on investments which puts pressure on chief executives who pass the pressure down the line. Pressure builds when budgets are cut and fewer resources are available to maintain the necessary vigilance to remain compliant with often complex and changing regulations. Or, pressure comes from within, from the pressure of simple greed behind conspiracies to control markets at the expense of smaller competitors, consumers, workers, innovation, and the health of the market itself.

Our guests also talk about these issues in the context of new pressures on corporations to demonstrate they are being responsible global citizens by implementing Environmental, Social and Governance (ESG) programs. This means making business decisions not solely on the profit potential, but on what harm or good these decisions may cause. We look at these issues through two lenses. One lens is that of a professional operating inside a company to ensure the integrity of its supply chain. The other lens is that of a professional who advises companies on legal and business issues across markets.

It's also our first two-act episode. In Act 1 we discuss the conduct of a fictitious airline that is marketing itself as a green company. Its competitors are crying foul, and by that I mean suing them. Here we discuss the ESG movement, and the compliance and competition law implications. In Act 2 a fictitious semiconductor manufacturer that is using its considerable market power to trounce competitors, raise prices, and hamper innovation. In this act we discuss combatting global monopolies in supply chains.

My guests are:

Travis Miller, General Counsel at Assent Compliance Inc. and Director of Assent Compliance USA. Travis is author of Supply Chain Compliance Laws and Regulations, published by the American Bar Association. He has implemented software enabled supply chain risk management programs for more than 600 world’s largest manufacturers. Assent is the leader in supply chain sustainability management solutions.

Dan Mogin is co-founding and managing partner of MoginRubin LLP, a leading boutique law firm that focuses on antitrust law and other complex business disputes. A true thought leader in the field, Dan has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law, and was editor-in-chief of a leading competition law treatise.

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast a