Corporate

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TNG Premiers and Internal Controls for Gifts in a Best Practices Compliance Program
Posted on 29 Sep 2014 by Thomas Fox

This week, 27 years ago, Star Trek – The Next Generation (TNG) made its television debut. Rarely has there a follow up to a beloved original series ( Star Trek – The Original Series (TOS) ) that is equally treasured by fans. They say that... Read More

Morgan Stanley Goes One for One with a Best Practices Compliance Program
Posted on 4 May 2012 by Thomas Fox

On Monday night, Houston Astros manager Brad Mills went to the mound five times to change pitchers against five straight New York Mets batters. This set the Astros twitter community literally 'a-twitter' as it was noted that, according to the... Read More

King Arthur Week, King Arthur and Leadership – Part I
Posted on 28 Apr 2015 by Thomas Fox

I have been studying the legend of King Arthur and thought it would be good idea to have a week of blog posts around the legend of King Arthur, the Roundtable and his knights. Today I begin with King Arthur and some leadership lessons that might apply... Read More

The FCPA Guidance: An Exploration of ‘Corruptly’ and ‘Willfully’
Posted on 19 Nov 2012 by Thomas Fox

I am back from my surgery and convalescence and I wanted to thank everyone for the good wishes and thoughts. I would also like to give a very big special thanks to Mary Shaddock Jones for her entire series of timely and topical articles that she and... Read More

How to Introduce Change into Your FCPA Compliance Program (Without Blowing It Up)
Posted on 21 Feb 2013 by Thomas Fox

Thucydides or Herodotus; Herodotus or Thucydides. Which is your favorite? I admit to vacillating between the two. Thucydides wrote about the end of the Athenian dynasty from the Peloponnesian War and the debacle of the Sicilian Invasion. Herodotus... Read More

Keep Your Hand on the Control
Posted on 11 Dec 2013 by Thomas Fox

Yesterday Nelson Mandela’s casket was driven to the state capital where he will lay in state until his funeral on Sunday 15 th December. Dignitaries from all over the world will attend. Mandela was praised for his non-violent approach to ending... Read More

How Cole Porter Informs the Debate: Ethical Compliance v. Legal Compliance
Posted on 27 Sep 2011 by Thomas Fox

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... Read More

Friday FCPA Roundup for Week Ending June 13
Posted on 13 Jun 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Elevate your FCPA knowledge and practical skills, FCPA ripples, origins of PetroTiger’s FCPA scrutiny, news flash, and for the reading stack. It’s all here in the Friday Roundup... Read More

Whom Should You Suspend During an Internal FCPA Investigation?
Posted on 28 Oct 2015 by Thomas Fox

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to reverberate, it continues... Read More

Expanding Your Compliance Decision-Making Tool Kit
Posted on 10 Dec 2013 by Thomas Fox

There can be a variety of reasons why bad decisions get made in the corporate world. Last week I wrote about psychopaths in the C-Suite and Boardroom. Today I want to look at some less flamboyant, more mundane ways that a company might get into compliance... Read More

Wal-Mart: Be a Leader in Compliance
Posted on 28 Oct 2013 by Thomas Fox

Lou Reed died yesterday. He was one of the most influential figures in rock and roll history and pop culture over the past 50 years. Starting with his band, the Velvet Underground, Rolling Stone magazine said that the group’s “debut [album... Read More

Front-Line Interview Episode 1: Alison Taylor, How Organizations Impact Corruption
Posted on 27 Aug 2015 by RBistrong

(Please visit the site to view this video) In the launch of a new video series, Front-Line Interviews, I engage with Alison Taylor, Director of Energy and Extractives at BSR (Business for Social Responsibility). I first became aware of Alison’s... Read More

Sustaining Your FCPA Compliance Program: Six Key Principles
Posted on 17 Jan 2012 by Thomas Fox

As compliance programs mature within an organization, one of the ongoing challenges is continuing to sustain the momentum of the program. I found some guidance in an article in the winter 2012 issue of the MIT Sloan Management Review , entitled, "... Read More

Compliance Leadership Lessons from Captain Kirk
Posted on 10 Mar 2014 by Thomas Fox

As readers of this blog know, I am an über Star Trek maven. Last week, in Episode 41 of my podcast, the FCPA Compliance and Ethics Report , I visited with John Champion, one of the co-hosts of the Mission Log podcast. Mission Log will eventually... Read More

  • Blog Post: A Tip of the Hat to Cadel Evans and the Code of Conduct

    If you are a cyclist, the most famous Aussie in the world today is Cadel Evans, the first Australian to win the Tour de France. In the compliance world, the other most famous Aussie is still Rupert Murdoch. So today we tip our hat to Cadel for a great three weeks of cycling and the time trial of...
  • Blog Post: WHO Should Handle Serious Internal Investigations?

    In the most recent issue of the SCCE, Compliance and Ethics Professional Magazine , Issue 08/2011, is an article entitled " Foxes and henhouses: The importance of independent counsel ", in which author Dan Dunne discussed what he termed a "critical element" in any whistleblower...
  • Blog Post: The Compliance Champion: Getting People to Solve Problems Without You

    One of new areas of a best practices compliance program is to engage a company's non-legal and non-compliance department employees in a role of "Compliance Champion". Such a concept has several different functions: it allows a small compliance department to leverage resources and to...
  • Blog Post: How Cole Porter Informs the Debate: Ethical Compliance v. Legal Compliance

    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 a law for everything?" While perhaps phrased...
  • Blog Post: Back to the Future – A Review of Opinion Release 04-02

    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 (DPA) released an 'Attachment C'...
  • Blog Post: Transaction Monitoring: Fighting Corruption and Protecting National Security

    In an article in the Tuesday Wall Street Journal (WSJ), entitled " More foreign banks probed for sanctions violations ", Brett Wolf reported that the New York County District Attorney's Office will shortly announce additional enforcement actions against banks for sanctions violations...
  • Blog Post: Tyco’s Seven Step Process for Third Party Qualification

    An article in the September, 2011 issue of Compliance Week , entitled, " How Tyco Turned Around Third-Party Risk Program " by author Karen Kroll, reported on the program initiated and developed by Tyco International, assisted by Navigant Consulting, to enable Tyco to develop and initiate...
  • Blog Post: Is Water Wet or is Jack Webb Still ‘The Man’?

    I am often asked where I come up with my ideas for blog postings. I respond that there are innumerable sources and resources in the compliance arena, in some ways perhaps too many. Today I will attempt to integrate three of these resources into one coherent article. The first comes from my 'This...
  • Blog Post: The FCPA Database – A Great New Resource for All Things Compliance

    Yesterday the FCPA Blog wrote about a new resource available to the compliance practitioner, the FCPA Database. Intrigued by this introduction and still needing to cool off from my rant about the worst conflict of interest mistake (almost ever) made, I clicked over to the site for a visit. Boy was...
  • Blog Post: Sustaining Your FCPA Compliance Program: Six Key Principles

    As compliance programs mature within an organization, one of the ongoing challenges is continuing to sustain the momentum of the program. I found some guidance in an article in the winter 2012 issue of the MIT Sloan Management Review , entitled, " Six Principles of Effective Global Talent Management...
  • Blog Post: General Petraeus and Four Tasks to Inform Your Compliance Program

    Most senior corporate officers are firmly behind their company's compliance programs, whether based upon the Foreign Corrupt Practices Act (FCPA); the UK Bribery Act or some other anti-corruption or anti-bribery regime. They often ask me what specifically they can do to assist in moving their...
  • Blog Post: Apollo 1 and a Compliance Dozen – How to Design a Program for Foreign Business Partners

    Friday, January 27 was the 45 th anniversary of the Apollo 1 disaster. As reported by Brian Vastag, in an article in the Washington Post entitled " 45 years after America's first space tragedy, lessons linger " , it was a "launchpad fire which killed three NASA astronauts during...
  • Blog Post: Code of Conduct – The Cornerstone of Your FCPA Compliance Program

    The cornerstone of a Foreign Corrupt Practices Act (FCPA) compliance program is the US Federal Sentencing Guidelines (FSG). They contain seven (7) basic compliance elements that can be tailored to fit the needs and financial realities of any given organization. From these seven compliance elements...
  • Blog Post: Innovation and Compliance

    Can compliance be innovative? Or can innovation inform your compliance program? Can some of the techniques and strategies of the world's most innovative companies be brought to bear in the field of anti-corruption and anti-bribery? I thought about those questions, and perhaps some others, ...
  • Blog Post: How Lin-sanity Informs Your Compliance Program: Lesson II

    Lin-sanity still reigns. How can you make this determination? I will give you two signs to consider. First Spring Training is in full force and here I am not only thinking about the NBA but also writing about the NBA. Second, I ordered the NBA League Pass package so that I can watch Jeremy Lin play...
  • Blog Post: The Big Dipper, Texas Independence Day and FCPA Effect on Competitiveness

    We conclude our sports themed week by noting today is the 50 th anniversary of Wilt Chamberlain's 100 point game. Wilt (aka the "Bigger Dipper") went 36-63 from the field and an astonishing 28-32 from the free throw line on that night. The out-of-this-world performance was the highlight...
  • Blog Post: The President and Lin-sanity: Lesson Learned III For Your Compliance Program

    Lin-sanity still reigns and it may well now have reached its penultimate level. What evidence do I have of this cultural phenomenon? It is that both US President Barack Obama AND Sarah Palin are now on the Lin-sanity bandwagon. Palin, who played basketball in high school, is pictured at the left...
  • Blog Post: Compliance Self-Assessment: The Good, The Bad and The Ugly

    Today we channel Sergio Leone and Clint Eastwood in the context of the compliance assessment, which has been something that has evolved into a key component of a minimum best practices Foreign Corrupt Practices Act (FCPA) compliance program over the past few years. Item No. 13 on the Department of...
  • Blog Post: Bill James, the Baseball Abstract and the Use of Metrics in Compliance

    As of today, the Houston Astros (at 2-1) are above .500 in wins and losses for the first time since July 2009. So we celebrate that most important of baseball metrics, the wins and losses. One of the joys of baseball is the almost innumerable metrics available to the fan, fantasy league manager...
  • Blog Post: Six Steps to Implementing Continuous Monitoring in Your Compliance Program

    Anti-corruption, anti-bribery, anti-money laundering programs policies and procedures and even export control systems are seemingly in a constant state of evolution. Many companies are struggling with the challenge of implementing effective controls and monitoring risks across a spectrum that could...
  • Blog Post: Morgan Stanley Goes One for One with a Best Practices Compliance Program

    On Monday night, Houston Astros manager Brad Mills went to the mound five times to change pitchers against five straight New York Mets batters. This set the Astros twitter community literally 'a-twitter' as it was noted that, according to the Elias Sports Bureau, the "Astros became the...
  • Blog Post: The Shelby Mustang and Continued Development of a FCPA Compliance Program

    Carroll Shelby died last week. For anyone who following racing or loved the Muscle Car Era, no light shone brighter that Shelby's. In 1959 (a little before I started to follow racing) Shelby was the first Texan to win the 24 Hours of Le Mans. Forced to retire from racing due to a medical condition...
  • Blog Post: The End is Nigh? MLB and Fairness in Administration of a FCPA Compliance Program

    Less than three months after he ruled against Major League Baseball (MLB) in the Ryan Braun suspension, Arbitrator Shyman Das was fired by MLB. He had been an approved arbitrator under the MLB Collective Bargaining Agreement for almost 13 years before he was abruptly terminated by MLB. In an article...
  • Blog Post: The FCPA Guidance: An Exploration of ‘Corruptly’ and ‘Willfully’

    I am back from my surgery and convalescence and I wanted to thank everyone for the good wishes and thoughts. I would also like to give a very big special thanks to Mary Shaddock Jones for her entire series of timely and topical articles that she and her associate Miller Flynt wrote while I was out...