The task of where to begin a full compliance and ethics
program can often times appear quite daunting. Most US companies fully
understand the need to comply with the Foreign Corrupt Practices Act (FCPA).
However most companies are not created out of new cloth but are ongoing
enterprises with a fully...
Most Foreign Corrupt Practices Act (FCPA) practitioners
understand the requirement for a compliance policy under the FCPA. However many
practitioners, particularly lawyers practicing in the compliance field, do not
understand the requirement for proper Internal Controls. Generally speaking,
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 those procedures are not a
defense but mitigation...
(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, Poland, Romania and Iraq to use the
Read this item on the LexisNexis Corporate & Securities Law Community
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 & Johnson agreed to implement.
Current trends in FCPA enforcement are evident in the
latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. ,
(D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action
No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve the case with DOJ and
the SEC the company...
We have previously
written about the importance of getting your investigation right before
publicly announcing the results. In other words, do not allow your CEO,
as Renault did, to go on national television and decree that three (former)
executives had foreign bank accounts filled with money from the...
In a May 27, 2011 post on the FCPA Compliance and
Ethics Blog ( here ),
Tom Fox has some interesting observations about the ongoing FCPA gun sting
trial. (Readers will recall that this prosecution involves numerous individuals
from the armaments industry who were caught
up in a government sting...
In the June issue of the Harvard Business Review is
an article by Alan Grant entitled, " How
Customers Can Rally Your Troops ". In this article Grant argues that
"End users can energize your workforce better than your managers can." His
basic thesis is that employees are highly...
In a tearful statement to the media, Rep. Anthony Weiner
admitted he posted a lewd picture of his anatomy to Twitter. Not only that, he
says he's engaged in "inappropriate" online communications with at least six
It was just a few days ago that I revisited the Fabulous...
by Gary Larkin
During our recent Corporate Governance and Compliance
Crash Course, we had the opportunity to hear from three key people at three of
the largest institutional investors who gave us their take on some of the most
important governance/shareholder issues.
While it is not our policy...
I would guess that most of you reading this story do not
share my love of the Tour de France. It can be a confusing mix of skinny guys,
tarted up with sponsors like a NASCAR racer, with hard to pronounce names,
following tactics unusual outside of cycling. But I since I became a fan a
In an article in the July/August edition of the ACC Docket entitled " Rethinking the Annual Compliance and Ethics Flea Dip ", author James Nortz discusses the annual compliance and ethics training program that most US company's employees receive which he calls a ' flea dip' . While...
Dan Ariely continues
to find small, easy ways to change behavior. This time it was his students
running the experiment instead of him. Two students sent an email to everyone
in the class that included a link to a website that was supposed to contain the
answers to a past year's final exam.
In an article published in the June issue of ACC Docket,
entitled " Playing the Cards You're Dealt ", James Nortz raised the
interesting issue of the lack of company leadership to "create an ethical
vision, the moral courage to pursue that vision and the ability to effectively
In the September 2011 issue of the Harvard Business Review , in an article
entitled " How to
Cultivate Engaged Employees " , author Charalambos A.
Vlachoutsicos wrote about his experiences in working for a family-owned
multi-national organization. From his experiences he learned how to...
How can a Corporate Secretary enhance a company's overall
ethics and compliance efforts? Corporate
Secretary Deputy Editor Aarti Maharaj recently explored these issues
and others in an interview
with Matt Lepore, Vice President and Chief Council for Corporate Assistant
General Counsel at Pfizer...
My " This
Week in FCPA " colleague, Howard Sklar and I often
call the News Corp matter the case that keeps on giving. However, the same
might be said about the ongoing issues surrounding Hewlett-Packard (HP). From a
bribery and corruption scandal centered in Germany, the announcement of...
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
Yesterday, I used some of the wisdom from current CIA
Director General David Petraeus to suggest how senior management might move
forward with a compliance program. Today I will use a very different individual
to help inform your third party due diligence, Charles Ponzi.
My colleague Tracy Coenen...
In the winter 2013 issue of the Colonial Williamsburg
magazine is an article by Michael Lombardi, entitled " Lighthouses Marked the
Shoals of the Commerce Clause ". In this article, Lombardi wrote about four
lighthouses authorized by Congress in the late 18 th and early 19 th
Sedona Arizona is known for its four vortexes, some of those alleged places where the universe has holes in it or overlaps (I can’t remember which). I have been to Sedona but I have never experienced such convergence (or the voids for that matter). However, in other ways the universe does seem...
If are interested in naval history, strategy and tactics, I have a question for you: Are you a disciple of Alfred Mahan or Julian Corbett? If you are a Mahanian, you probably focus on large naval engagements or the great battle concept. If you are Corbettian, you probably think about a series of smaller...
In honor of the return of Sherlock Holmes to PBS with Season 3, I begin a week of Sherlockian themed posts. Today we consider the quality of justice that Holmes discussed in The Abbey Grange , he allowed a man who murdered a wife-abusing husband to go free. Holmes concern with justice, as opposed to...