Yesterday we reviewed the background facts of the Johnson
& Johnson (J&J) Deferred Prosecution Agreement (DPA) and the issue of
self-reporting. In this posting we will review some of specific compliance
program best practices which Johnson...
(Mealey's) - Johnson & Johnson (J&J) and
subsidiary DePuy International Ltd. will pay $76.9 million to resolve criminal
and civil allegations in the United States and in the United Kingdom that they
paid kickbacks to doctors in Greece,...
Excerpted from Infobytes , a weekly electronic
newsletter on developments in financial services law from BuckleySandler LLP .
For the full issue of Infobytes , click here .
On March 30, the U.K.
Ministry of Justice published long-awaited Guidance...
On April 8, 2011, the Wall Street
Journal (WSJ) reported that Johnson & Johnson settled certain charges
related to violations of the Foreign Corrupt Practices Act (FCPA) with the
Department of Justice (DOJ) and Securities and Exchange Commission...
I had not, at least in recent years, thought I would be
able to say that the Houston Astros have a better record this late in the
season than the Boston Red Sox. But at least as of yesterday, now 1-5 Astros no
longer share the worst record in baseball...
Once upon a time there was a boy who went to
the town square and cried "The Wolf is coming to steal our secrets!" The
townspeople all gathered 'round and asked him how he knew this. "A person named
NoMan told me," he declared...
We believe that there are four stages a company needs to
traverse in it relationship with a Foreign Business Partner. We define
them as (1) Business Justification for a Foreign Business Partner; (2)
Background and Due Diligence Investigation of the...
The UK Bribery Act guidance is out and the reaction has
been across the board. Here is just a sampling of it. Mike Volkov, in the FCPA Blog brought up Yogi Berra by noting,
" If you don't know where you are going, you might wind up someplace...
One of the three generally sourced cited as a benchmark
of the elements of an effective compliance program is the Organization for
Economic Co-operation and Development (OECD) Good Practice Guidance
on Internal Controls, Ethics, and Compliance . In...
On March 30, 2011, the U.K. Ministry of Justice released
its long-awaited Guidance with respect to The Bribery Act of
2010 , detailing the Act's scope and jurisdictional applicability. The
Guidance, which can be found here ,
has quickly been...
We have been waiting for some guidance from the United Kingdom
about their new Bribery Act since it received Royal Assent last
April . The delay on the guidance has delayed the implementation of the
Bribery Act itself. Now the guidance is out.
We recently looked at an article which reviewed the
Department of Justice's (DOJ) Foreign Corruption Practices Act (FCPA)
enforcements with an eye towards the failures of internal controls. This
analysis provided a valuable summary of several "lessons...
We recently wrote, and provided a list of examples, Red
Flags in the anti-corruption, anti-bribery, anti-money laundering context and
in the area of international economic sanctions. As we indicated, we do
not believe that the mere presence of a Red...
We often write and speak on some of the lesson learned
from enforcement actions brought by the Department of Justice (DOJ) under the
Foreign Corrupt Practices Act (FCPA). We believe that companies can not only
learn from the mistakes of others in implementing...
One of the factors to determine just who is a foreign
governmental official under the Foreign Corrupt Practices Act (FCPA), is
whether a foreign government is involved. There are currently a triumvirate of
pending cases where the defendants have challenged...
Most compliance practitioners have heard the term " Red
Flags ." Red Flags are generally defined as circumstances which could
place a reasonable person on notice that illegal or improper conduct has or may
occur. A Red Flags does not mean...
Although much is still unclear about the implementation
date, or the manner in which the UK Bribery Act will be enforced, it is clear
that one of the important compliance functions which a company should implement
is appropriate internal controls....
There was Congressional testimony last fall to consider
possible modifications to the Foreign Corrupt Practices Act. In part the
testimony focused on the issue of FCPA compliance procedures as a defense for a
business organization. Under current practice...
I recently attended the Ethisphere 2011
Global Ethics Summit . At this event, the host Ethisphere announced its
annual ranking of this country's most ethical corporations. Interestingly in an
effort to correlate ethical behavior and good business...
As was recently reported in the FCPA Blog , the Securities and Exchange
Commission (SEC) is now investigating "whether bank and private equity firms
violated the [FCPA] in their dealings with sovereign wealth funds. A WSJ
article noted that banks...
A panel at the Global Ethics Summit, discussed the topic
of "Tone from the Middle". The panelists were Chad Fentress, AGC for Accenture;
Matthew Pachman, CCO for Altegrity and Maarten Westermann, Senior Director for
Corporate Executive Board...
I am attending the 2011
Global Ethics Summit this week in New York City. It is presented by Ethisphere and Thomson Reuters . This post will be first
of several based upon the comments of the panelists. In today's posting we will
discuss some of...
As reported in this morning's Wall
Street Journa l (WSJ), the CEO of the French car maker Renault apologized
today on national television for the wrongful termination of three company
officials for improper allegations of industrial espionage....
British solicitor Jeffrey Tesler is the latest person to
plead guilty in connection with the TSKJ consortium and the EPC contrats to
build liquefied natural gas facilities on Bonny Island, Nigeria. Mr. Tesler
pleaded guilty to one count of conspiracy...
Hopefully, one area that many compliance practitioners
will not have much experience in is dealing with prosecutors, at least in the
in-house, corporate context. Further it may be the case that most in-house
lawyers come from a civil law background...