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Four Steps to Resolving Your FCPA Compliance Issues
Posted on 30 Jun 2011 by Thomas Fox

As regular readers of this blog know I often cite the three maxims of Paul McNutly as the basis for a good compliance program. They are the questions that the government will ask when they come knocking: (1) What did you do to prevent it?; (2) What did... Read More

Send Lawyers, Guns and Money - Some Steps Law Firms Should Consider
Posted on 15 Oct 2012 by Thomas Fox

One of my favorite lawyer songs is the Warren Zevon classic " Lawyers, Guns and Money ". I was reminded of that song when I sat on a panel on Wednesday with Dan Chapman and Mike Volkov, where we discussed recent enforcement actions and due diligence... Read More

NFL Replacement Referees-the Lessons of Training Temporary Employees
Posted on 10 Oct 2012 by Thomas Fox

The short autumn of our discontent is over as the United States has ended one of its greatest national convolutions of recent memory. Am I speaking of the attack on the US Consulate in Libya; the current stalemate of US politics and the Presidential race... Read More

Toyota Quality Control and a Best Practices Compliance Program
Posted on 5 Jul 2011 by Thomas Fox

In an article in the summer 2011 issue of the Sloan Management Review, entitled, " What Really Happened to Toyota? ", author Robert Cole explored the recent problems of the company and whether these difficulties "throw its legendary manufacturing... Read More

New Compliance Surveys: “The Answers Are Not Pretty.”
Posted on 10 Jun 2015 by RBistrong

While there is no shortage of compliance and ethics polls/surveys which populate the newsfeeds, there are two that recently caught my attention, both of which point to the same result, as well stated in The Street, The Bull and The Crisis (published by... Read More

Berland on the OECD Good Practice Guidance on Internal Controls, Ethics, and Compliance
Posted on 4 Apr 2011 by Thomas Fox

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... Read More

The TI Six Step Approach to Implementing or Enhancing a Compliance Program
Posted on 2 Nov 2011 by Thomas Fox

I often write about what I call the McNulty Maxims of Compliance. I heard them in a presentation by Paul McNulty to the Houston Chapter of the Texas General Counsel Association in my most recent corporate position. They were (1) What did you do to... Read More

Caldwell Lays It Out – DOJ Metrics for a Compliance Program
Posted on 16 Nov 2015 by Thomas Fox

Last week Assistant Attorney General Leslie R. Caldwell spoke at the SIFMA Compliance and Legal Society New York Regional Seminar. In this speech she discussed the new Department of Justice (DOJ) Compliance Counsel. While emphatically noting that this... Read More

Jeannette Rankin, Infosys, Ethics and Compliance
Posted on 9 Nov 2011 by Thomas Fox

Who was Jeannette Rankin and why do we celebrate her today in the context of ethics and compliance? She was the first female to be elected to Congress, as a Representative from Montana in the 1916 elections. In 1917 she was one of 50 votes opposing... Read More

Popeye, Mike Tyson and the NFL Replacement Referees
Posted on 4 Oct 2012 by Thomas Fox

Today I had thought about opening my post with the famous Popeye line " I've had all I can stand, I can't stands no more! " or perhaps ask if Mike Tyson was at the Broncos v. Texans game last Sunday post but I thought that I would begin... Read More

Hiring in Compliance – Part I: Developing the Job Profile and Criteria
Posted on 31 Aug 2015 by Thomas Fox

A couple of weeks ago, I had a guest post from Maurice Gilbert, the Managing Partner at Conselium Partners LP entitled “ Why is it so hard to hire compliance practitioners? ” There were many questions posed to me based upon Gilbert’s... Read More

The FSA Bares its Teeth: Be Aware of International Enforcement Regimes
Posted on 22 Jul 2011 by Thomas Fox

While many companies here in the US complain about the enforcement of the Foreign Corrupt Practices Act (FCPA), and are actively seeking to soften its enforcement by lobbying Congress to amend the FCPA, just imagine how they might feel about paying... Read More

Management of Foreign Business Partners Under the FCPA through an Oversight Committee
Posted on 26 May 2010 by Thomas Fox

Excerpt: A key tool in the process of managing Foreign Business Partners under the Foreign Corrupt Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be utilized throughout the entire process of (1) evaluating the need for a... Read More

What is Your Integrity Capital?
Posted on 30 Aug 2012 by Thomas Fox

Compliance practitioners often hear that bribes must be paid in emerging markets to get anything done. Indeed a recent survey by CEB (formerly Corporate Executive Board) of more than 700,000 employees of multinationals around the world, discussed in a... Read More

Barclay's Speeding Defense and GlaxoSmithKline's Claw backs - Implications for FCPA Compliance
Posted on 11 Jul 2012 by Thomas Fox

I once heard James Baker say that the only way to know how a person will perform as President of the United States is by being President. In other words, there is no way to test how a person will respond to the stresses and pressures of the most important... Read More

  • Blog Post: Management of Foreign Business Partners Under the FCPA through an Oversight Committee

    Excerpt: A key tool in the process of managing Foreign Business Partners under the Foreign Corrupt Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be utilized throughout the entire process of (1) evaluating the need for a Foreign Business Partner; (2) evaluating the information...
  • Blog Post: Berland on the OECD Good Practice Guidance on Internal Controls, Ethics, and Compliance

    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 the June issue of the Society of Corporate Compliance...
  • Blog Post: Four Steps to Resolving Your FCPA Compliance Issues

    As regular readers of this blog know I often cite the three maxims of Paul McNutly as the basis for a good compliance program. They are the questions that the government will ask when they come knocking: (1) What did you do to prevent it?; (2) What did you find when you looked into it?; and (3) What...
  • Blog Post: Toyota Quality Control and a Best Practices Compliance Program

    In an article in the summer 2011 issue of the Sloan Management Review, entitled, " What Really Happened to Toyota? ", author Robert Cole explored the recent problems of the company and whether these difficulties "throw its legendary manufacturing model into question?" The commentary...
  • Blog Post: The FSA Bares its Teeth: Be Aware of International Enforcement Regimes

    While many companies here in the US complain about the enforcement of the Foreign Corrupt Practices Act (FCPA), and are actively seeking to soften its enforcement by lobbying Congress to amend the FCPA, just imagine how they might feel about paying a multi-million dollar fine for a situation in which...
  • Blog Post: The TI Six Step Approach to Implementing or Enhancing a Compliance Program

    I often write about what I call the McNulty Maxims of Compliance. I heard them in a presentation by Paul McNulty to the Houston Chapter of the Texas General Counsel Association in my most recent corporate position. They were (1) What did you do to prevent it?; (2) What did you do to detect it?; and...
  • Blog Post: Jeannette Rankin, Infosys, Ethics and Compliance

    Who was Jeannette Rankin and why do we celebrate her today in the context of ethics and compliance? She was the first female to be elected to Congress, as a Representative from Montana in the 1916 elections. In 1917 she was one of 50 votes opposing America's entrance into World War I. She had...
  • Blog Post: Running the Big Con in DC: Lessons for the FCPA Compliance Practitioner

    Most people have seen the movie " The Sting ", starring Robert Redford and Paul Newman, which tells the story of an older con man, Newman, who shows a younger man, Redford, how to run 'the big con' on a gangster played by Robert Shaw. It was fiction. However, on the front page of the...
  • Blog Post: Ethical Leadership: Leading a Company Conversation on Compliance

    Ethical leadership is absolutely mandatory to have a successful compliance program, whether it is based upon the US Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act. Senior management must not only be committed to doing business in compliance with these laws but they must communicate these...
  • Blog Post: Barclay's Speeding Defense and GlaxoSmithKline's Claw backs - Implications for FCPA Compliance

    I once heard James Baker say that the only way to know how a person will perform as President of the United States is by being President. In other words, there is no way to test how a person will respond to the stresses and pressures of the most important job in the world. Unfortunately the same appears...
  • Blog Post: Values Based Compliance in an Energy Company: Statoil and Helge Lund

    Today is August 1 and the Houston Astros have put a July record of 3-27 in the rearview mirror. Can the Astros change this culture of losing? Hopefully by dumping the few true major leaguers that the team had and repopulating the team from its AAA affiliate will lead to better record in August. At least...
  • Blog Post: What is Your Integrity Capital?

    Compliance practitioners often hear that bribes must be paid in emerging markets to get anything done. Indeed a recent survey by CEB (formerly Corporate Executive Board) of more than 700,000 employees of multinationals around the world, discussed in a Harvard Business Review article, entitled "...
  • Blog Post: Steve Sabol, NFL Films and the Look and Feel of Compliance-Authenticity

    Today we note the passing last week of Steve Sabol, who together with his father Ed Sabol and John (The Voice of God) Facenda, created the phenomenon known as NFL Films. In the late 60s and 70s, before HBO, before ESPN and certainly before the proliferation of all things NFL on television; we were treated...
  • Blog Post: Popeye, Mike Tyson and the NFL Replacement Referees

    Today I had thought about opening my post with the famous Popeye line " I've had all I can stand, I can't stands no more! " or perhaps ask if Mike Tyson was at the Broncos v. Texans game last Sunday post but I thought that I would begin with something even more dramatic. My Irish...
  • Blog Post: NFL Replacement Referees-the Lessons of Training Temporary Employees

    The short autumn of our discontent is over as the United States has ended one of its greatest national convolutions of recent memory. Am I speaking of the attack on the US Consulate in Libya; the current stalemate of US politics and the Presidential race or the upcoming financial cliff on which the US...
  • Blog Post: Send Lawyers, Guns and Money - Some Steps Law Firms Should Consider

    One of my favorite lawyer songs is the Warren Zevon classic " Lawyers, Guns and Money ". I was reminded of that song when I sat on a panel on Wednesday with Dan Chapman and Mike Volkov, where we discussed recent enforcement actions and due diligence under the Foreign Corrupt Practices Act ...
  • Blog Post: John Brown's Raid and Building Trust in Compliance Programs

    October 16 th is the anniversary of John Brown's Raid on Harper's Ferry. For those of you not familiar with this episode of American history, abolitionist John Brown led a raid on the US Arsenal at Harper's Ferry, Virginia, the raid was intended to foment an armed slave revolt in 1859. Brown's...
  • Blog Post: New Compliance Surveys: “The Answers Are Not Pretty.”

    While there is no shortage of compliance and ethics polls/surveys which populate the newsfeeds, there are two that recently caught my attention, both of which point to the same result, as well stated in The Street, The Bull and The Crisis (published by The University of Notre Dame and Labaton Sucharow...
  • Blog Post: The New Canadian Integrity Regime: Compliance Carrots to Join the Sticks

    Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement, I thought that a change in the Regime was worthy of additional focus. Thus...
  • Blog Post: Social Media Week Part VI – Social Media and CCO 3.0

    I conclude this exploration of the uses of social media in doing compliance by exploring why the compliance function is uniquely suited to using social media tools. Long gone are the days when Chief Compliance Officers (CCO) or compliance practitioners were lawyers housed in the Legal Department or the...
  • Blog Post: Hiring in Compliance – Part I: Developing the Job Profile and Criteria

    A couple of weeks ago, I had a guest post from Maurice Gilbert, the Managing Partner at Conselium Partners LP entitled “ Why is it so hard to hire compliance practitioners? ” There were many questions posed to me based upon Gilbert’s guest post. This led me to propose to Gilbert a series...
  • Blog Post: Compliance at the Tipping Point, Part I – The Yates Memo

    This is the day that the US government traditionally celebrates Columbus’ discovery of the Americas, in the form of Columbus Day. My grandfather emigrated from Italy so he always took Columbus Day as his heritage day. My little sister was also born on the same calendar day, so here is to my grandfather...
  • Blog Post: Compliance at the Tipping Point, Part IV – The Schrems Decision

    I continue my exploration of why I believe that compliance is at the Tipping Point, with today’s entry of data point four, which is last week’s decision by the European Court of Justice (ECJ) in the Schrems case. While most commentators have focused on the Schrems decision around the lack...
  • Blog Post: Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

    Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows , producer Val Lewton, whose films for RKO had some of the most interesting and innovative use of techniques to induce horror that have been...
  • Blog Post: Caldwell Lays It Out – DOJ Metrics for a Compliance Program

    Last week Assistant Attorney General Leslie R. Caldwell spoke at the SIFMA Compliance and Legal Society New York Regional Seminar. In this speech she discussed the new Department of Justice (DOJ) Compliance Counsel. While emphatically noting that this new position was not an explicit or even tacit recognition...