LexisNexis® Legal Newsroom
    Astros in the Playoffs, Will Hell Freeze Over?

    When recently I contacted the Underworld about the potential listing of this vast property, I was stunned when Satan himself answered the phone. While I was tempted to ask what happened to all his hired help down there, Satan, being much more direct,...

    The Psychology of Cheating and FCPA Compliance

    In the movie Margin Call, Jeremy Irons intones that there are three ways to win in business: (1) be the smartest; (2) be the fastest; and (3) cheat. I am currently out at the SCCE 2015 Compliance and Ethics Institute and as you might guess the Volkswagen...

    The World Bank: Confronting Poverty Without Corruption

    I was recently reading an article about a former UN consultant who was convicted and sentenced for conspiring to inflate prices for a UN contract to distribute pharmaceuticals to the DNC. As part of the investigation, e-mail was discovered in which the...

    Next Up – Bristol-Myers

    This article was reprinted with permission from FCPA Professor First it was Johnson & Johnson (see here – $70 million enforcement action in April 2011). Then it was Smith & Nephew (see here - $22 million enforcement action in February...

    Bristol-Myers Squibb FCPA Enforcement Action

    Yesterday, the Securities and Exchange Commission (SEC) announced a Foreign Corrupt Practices Act (FCPA) enforcement action against Bristol-Myers Squibb Company (BMS) for the actions of the company’s joint venture (JV) in China, which made cash...

    SEC Settles FCPA Action With Hitachi

    The SEC filed a settled FCPA books and records and internal controls action centered on a firm which used a subsidiary partially owned by a foreign political party to influence the award of government contracts. Specifically, the complaint claims that...

    Same Alleged Legal Violations, Yet Materially Different Sanctions

    A basic rule of law principle is consistency. In other words, the same legal violation ought to be sanctioned in the same way. When the same legal violation is sanctioned in materially different ways, trust and confidence in law enforcement agencies...

    Greatness From Ted Williams and a New FCPA Master Class Training Announced

    On this day in 1941, the Boston Red Sox’s Ted Williams played a double-header against the Philadelphia Athletics on the last day of the regular season and got six hits in eight trips to the plate, to boost his batting average to .406, making him...

    Do We Really Need Another Anti-Bribery LinkedIn Group?

    A number of months ago, Paul Hamilton, KYC Cube Ltd, asked me if I wanted to be the group moderator on Linkedin of a new subgroup for his AML Knowledge Center, dedicated to anti-bribery compliance and best-practices. My reaction, ‘really?’...

    Friday FCPA Roundup for Week Ending September 25

    This article was reprinted with permission from FCPA Professor More on the Yates Memo, scrutiny alerts, survey says, and FCPA reform. It’s all here in the Friday roundup. More on the Yates Memo Once again a private company has marketed...

    Channeling Yogi Berra to Find Smart Risk in Compliance

    Yogi Berra died yesterday. In addition to being one of the greatest catchers in baseball, he was a 3-time Most Valuable Player (MVP), a 15-time All Star, a Hall of Famer and member of the All-Century Team, a player on 10 World Series champions and Manager...

    The Defeat Device: Compliance and Ethics in the Auto Industry

    Things are seriously bad when one of the world’s most respected business focused publications, the Financial Times (FT), asks if the auto “industry faces ‘Libor moment’”? Yet that was a headline yesterday in the lead article...

    Where Does the Truth Lie?

    This article was reprinted with permission from FCPA Professor If the DOJ and/or SEC make allegations in a Foreign Corrupt Practices Act enforcement action, and a risk averse corporation agrees to resolve the enforcement action in the absence of judicial...

    How to Avoid the Long Count in Compliance: The Momentum Conference

    On this day 81 years ago, one of the most famous events in boxing history occurred, the famous “Long Count” in the second Tunney-Dempsey title match. Boxer Gene Tunney had won the crown from slugger Jack Dempsey the year before. In their rematch...

    A Front-Line Interview With Author Dorie Clark

    In the second of my Front Line interviews, I have the pleasure of engaging with author and HBR contributor Dorie Clark, on how our thoughts and ideas can have a real impact “on the ground” beyond ‘clicks and likes.’ Dorie’s...

    Friday FCPA Roundup for Week Ending September 18

    This article was reprinted with permission from FCPA Professor DOJ compliance counsel identified, additional lenient PetroTiger exec sentences, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. DOJ...

    What Others Are Saying About the “Yates Memo”

    This article was reprinted with permission from FCPA Professor Since its release last week (see here for the original post), much has been written about the “Yates Memo.” Much of this commentary has simply regurgitated the DOJ’s...

    A Remarkable Listener Experience in Compliance

    I listen to several podcasts each week and one of my favorites is ‘The Showrunner’ podcast, co-hosted by Jerod Morris and Jon Nastor. While the basic premise is a podcast about podcasting, I have found it to be much broader than that simple...

    Design Thinking in Compliance

    In many ways the migration from Chief Compliance Officer (CCO) 1.0 to 2.0 and beyond is more than simply about the technical aspects of a CCO to the internal and external delivery of a compliance solution by the compliance function. The Department of...

    Analyzing the DOJ’s Recent “Foreign Official” Enforcement Theory

    This article was reprinted with permission from FCPA Professor In the recently announced Foreign Corrupt Practices Act enforcement action against Daren Condrey (see here for the prior post), the DOJ advanced an extremely broad “foreign official”...

    Agatha Christie and Building Ethical Culture in an Organization

    On this day in 1890, Mary Clarissa Agatha Miller, who later became known as Agatha Christie, was born in Torquay, Devon, England. As a youngster, she and her sister, Madge, made up thrilling stories to tell each other. As noted in ‘This Day in History’...

    Farewell to a First and a Change in FCPA Investigative Focus

    Moses Malone died yesterday. I do not often have the chance to celebrate a true first but Malone was a true first. The first high school basketball player to go from high school to professional basketball, when he was drafted by the Utah Stars from the...

    Cartoons, Crime and Compliance

    The full animation of “Why We Say Yes,” is now available on Richard Bistrong’s Front-Line Perspective on FCPA, Anti-Bribery and Compliance . As a companion guide, here is Richard’s interview with Nicole Rose ( email ), creative...

    The Yates Memo

    This article was reprinted with permission from FCPA Professor September has traditionally been an active month for Department of Justice policy statements and speeches. Keeping this tradition alive, earlier this week DOJ Deputy Attorney General...

    Thus Far In 2015 …

    This article was reprinted with permission from FCPA Professor The day after Labor Day has always seemed like a second New Year. In that spirit, let’s kick off the “new year” by reviewing what has happened thus far in 2015. ...