One of the complaints made about the Department of
Justice (DOJ) is that companies are not made aware of the requirements of a best
practices compliance program. However, since the summer of 2010, the DOJ
has appended to each Deferred Prosecution Agreement...
In the October issue of the Havard Business Journal, in
an article entitled " How 'Mystery Shopping' Helped Spark a Turnaround ",
Office Depot's President Kevin Miller wrote about his experiences as a 'mystery
Last week, the Securities and Exchange Commission (SEC)
instituted a Cease and Desist Order again Watts Water Technologies, Inc. (WWT)
and one of its employees, Leesen Chang (Chang). The Order was to obtain certain
civil penalties and fines for conduct...
In a recently released White Paper by the Wolfsberg
Group, entitled " Wolfsberg
Anti-Corruption Guidance " , a group of internal banks, together
with Transparency Internal and the Basel Institute on Governance, issued
guidance on anti-corruption...
We tried something new this episode (two things,
actually). First, we have our first guest! If it didn't take me a
week-yes, a week; damn you, Vodburner-to process this video, you would have had
prior notice that the guys that run The Bribery Act...
In a story in the D&O
Diary , entitled " More
Woes for Companies with Chinese Connections ", Kevin LaCroix discussed
the settlement reached by the entity SciClone Pharmaceuticals, and its
individual defendant directors and officers,...
"Do they get it?" This is a question frequently asked by
FCPA enforcement officials. "Do they get it" meaning does the company
understand what happened, why it happened and what is required going forward.
Does the company "get"...
The time period that an internal whistleblower must wait
before he or she can bring information to the Securities and Exchange
Commission (SEC), under the Dodd-Frank Whistleblower provision, within 120 days
after the information has been internally...
An article in the July Issue of Compliance Week Magazine,
entitled " Telling Your Board What it Needs to Hear ", author Arielle
Bikard discusses the views of Pfizer Inc's Chief Compliance Officer (CCO),
Douglas Lankler, on how he keeps...
A Chadbourne Compliance Quarterly Special Report ("the
Report") was issued last week by the law firm of Chadbourne & Parke LLP , authored by Scott Peeler entitled " A
Study of Individual Liability under the Foreign Corrupt Practices...
Most folks learn in elementary school the concept of the
'lowest common denominator'. A non-mathematical definition might be something
along the lines of meaning the most basic or lowest of something among a group.
Conversely, there exists...
From time-to-time, I am fortunate to have a guest post on
my blog by Mike
Volkov which are always informative and provocative. Last Friday, Mike
continued this tradition of both as he posed the question of whether the
Department of Justice (DOJ) voluntary...
Wall St. Journal’s Corruption Currents Turns 1. First word, “scandal,” parent company bores its friends with the video.
Chadbourne serves up some insurance industry information that actually kept me awake.
Transparency International (TI) recently released a
consultation draft of its White Paper entitled " Anti-Bribery Guidance for
Transactions ". In Part I we discussed the risks to companies involved in
international mergers and acquisitions...
International (TI) recently released, in draft form for consultation, a
White Paper entitled " Anti-Bribery Guidance for Transactions ." Although
this version was preliminary draft, available for a commentary period and the
How can a Corporate Secretary enhance a company's overall
ethics and compliance efforts? Corporate
Secretary Deputy Editor Aarti Maharaj recently explored these issues
and others in an interview
with Matt Lepore, Vice President and Chief Council...
Is your business toxic? I do not mean that it had holds
the type of sub-prime Collateral Debt Obligation assets which were so
prominently mentioned in the press just a few years ago. I mean is your
business so devoid of anything close to a best practices...
In the October 2011 issue of Harvard Business Review is
an article, entitled " Lean Knowledge Work ", where authors Bradley Staats
and David Upton explore the issue of whether the lean knowledge principles
derived from the Toyota Production...
In an article in the October 2011 issue of the ACC
Docket, entitled " Who Needs Business Ethics When You've Got the Law on our
Side ?", author James Nortz explores the question, "What good is this
business ethics crap when there's...
In a September 26, 2011 article in Forbes magazine,
entitled " Social
Power and the Coming Corporate Revolution ", author David Kirkpatrick
argues that the social media revolution has so empowered employees and
customers that these groups...
Dick Cassin, writing in his FCPA Blog , has
consistently raised the issue of Anti-Money Laundering (AML) in the wider
battle against bribery and corruption. He set out some of his thoughts in a
post entitled " 9/11 and the
FCPA ". He also...
1st UK Bribery Act waste case.
Good: the government writes a great, well-written brief in the Siriwan
Bad: Alcatel-Lucent. Add some facts, but Howard still comes out in the
In an article in the Wall Street Journal (WSJ),
dated September 17, 2011, entitled " Rogue
Trading Lasted 3 Years ", reporters Carrick Mollenkamp, Paul Sonne and
Deborah Ball contributed to an article which detailed "an early picture"...
In an article published in the July issue of the
Compliance Week magazine, entitled " T he
UK Bribery Act: How
to Mitigate the Risks or Prosecution for Making Facilitation Payments ", authors
Jonathan Feig and Richard Thomas discuss how...
Compliance convergence can have several variations. I
have written about the convergence from export controls to anti-corruption
controls. Last week I wrote about the Lacey Act, which regulates imports of
certain types of wood, among other items. One...