current global financial crisis, government bailouts and the ensuing
contraction of the credit markets have led to calls for increased regulation
and government oversight of Wall Street.
The U.S. Senate weighed in on the debate when, on May 20...
As the various forms of social media have become increasingly pervasive, employers have struggled with appropriate responses to employees' use of the social media sites. One question in particular that has arisen is the extent to which employers can...
What does Robert Kennedy have to do with the Foreign Corrupt Practices and how has a nearly 50 year old statute aimed at US based organized crime now impacted the FCPA? It turns out quite a bit and perhaps it will be quite a bit more in significantly...
There is an ongoing debate in the compliance arena as to
whom a Chief Compliance Officer (CCO) should report. Should the CCO report to
the Board of Directors or appropriate Board committee such as an Audit
Committee or Compliance Committee? Or can...
At the recent Compliance Week 2010 Annual Conference one
of the issues discussed by Assistant Attorney General, for the Criminal
Division of the US Department of Justice, Lanny Breuer, was what the Department
of Justice (DOJ) might consider as an "effective...
The federal securities laws have traditionally focused
largely on disclosure, leaving corporate governance to state law. Nevertheless,
Dodd-Franks expands the Commission's role in corporate governance in three key
areas. This is consistent with...
The battle over advisory Say on Pay votes at public
companies, which will be in full force this spring, is coming down to
frequency, rather than what's in the plans themselves. In the last week alone,
the topic has been hotly debated in a Governance...
It takes a
Alexander Dyck , Adair
Morse , and Luigi Zingales found that fraud detection does
not rely on standard corporate governance actors. Instead they found that
employees, short sellers and analysts are the top sources in uncovering...
There is an acronym that has finally bubbled up to the
boardroom: CSR, as in corporate social responsibility. And one of the reasons
it is finally being taken seriously, or getting past the lip service phase, is
that companies are discovering there...
Triennial, biennial, or annual. What will it be? That's
the question public companies will be answering this coming proxy season when
it comes to the frequency of Say on Pay votes, as required by the Dodd-Frank
The early returns are mixed...
Two issues of continued importance to shareholders and the U.S. capital markets were recently discussed by SEC Commissioner Kara Stein. One the Commissioner called “short-termism” while the other focuses on the composition of corporate boards...
Are you getting in the way or helping to move your
Inevitably, compliance professional will need to step in
and stop an activity or start a discipline process for someone who broke the
rules. That does not have to be the primary...
As public companies and shareholders gear up for the
first big wave of SEC-required advisory votes on executive compensation, the
frequency of such votes and golden parachute compensation plans in the wake of
the Dodd-Frank Act, the search goes on...
For those of you who spend a great deal of time preparing
the myriad of filings for regulators and/or board meetings there were two news
events worth noting last week.
The U.S. Chamber of Commerce called for new corporate governance standards that...
Both the US Sentencing Guidelines and the Organization for
Economic Co-operation and Development (OECD) Good Practice Guidance on
Internal Controls, Ethics, and Compliance consider one of the key items for
a best practices compliance program to be...