Need to better engage your board—and get buy-in for E&C program investments? Fully leveraging your board reporting opportunity is essential.
As compliance professionals, most of us are very proud of the...more
How to make the case for implementing third party compliance training in your organization.
A recent article in the San Francisco Chronicle profiled Jay Jorgensen, the new Global Chief of Compliance at Walmart. The...more
While ethics and compliance scandals that implicate brand name companies tend to grab the headlines, smaller organizations have always borne the brunt of regulatory enforcement. Over the years, U.S. Sentencing Commission data...more
In December, the Organization for Economic Cooperation and Development (OECD) released an analysis of all corruption and bribery cases involving the crime of bribery of a foreign public official in international business...more
On October 20, 2014 in a case brought by a whistleblower under the False Claims Act (“FCA”), a federal jury handed down a $175 million verdict in favor of the plaintiff. While the outcome was newsworthy because of its size...more
Recently, the Chinese government reported that GlaxoSmithKline (GSK) would agree to pay almost $500 million in fines to settle allegations of bribery, and that some former GSK employees would receive prison sentences. While...more
In a recent matter before the SEC, settlement of an FCPA claim with Smith & Wesson has raised some worrisome new issues for compliance officers. This settlement is noteworthy for two reasons:
1. Small and mid-sized...more
I was recently in a business lounge at the airport in Atlanta, and was amazed to be bombarded by executives on their cell phones loudly conducting business.
Sitting within earshot, I learned that a large manufacturer...more
A little over a year ago the Rana Plaza factory collapsed and 1,100 garment workers died. This human disaster resulting from questionable construction practices and workplace safety issues focused the eyes of the world on the...more
U.S. courts continue to disagree about the extent and coverage of protections from retaliation for “whistleblowers” under the Dodd-Frank Act. Contrary to SEC rules and other District courts, in the 2013 Asadi case, the 5th...more
In last month’s closely watched Esquenazi decision, a U.S. court of appeal weighed in on the definition of “instrumentality” under the Foreign Corrupt Practices Act (FCPA) for the first time. The case—an appeal to the 11th...more
A memorandum released yesterday by Senator Charles E. Grassley highlights allegations that 14 of the 15 executive branch departments are in violation of the Whistleblower Protection Enhancement Act (WPEA)....more
The Supreme Court in Lawson vs FMR, LLC (delivered March 4, 2014 after a 6-3 vote) has ruled that employees of private companies engaged by public companies are covered by the whistleblower protections of Sarbanes Oxley Act...more
What is the risk?
Third-party liability for contractors, resellers, agents and supply chain partners is an issue that continues to bedevil corporations who need or choose to use third parties. The headlines and DOJ/SEC...more
2013 Annual Report to Congress on the Dodd-Frank Whistleblower Program -
Back when the Dodd-Frank Act first proposed the creation of the Office of the Whistleblower (OWB) a hue and cry went up from chief compliance...more
“The U.S. government is too restrictive in trying to prevent its companies from corruption abroad and that’s hurting business expansion in Asia and elsewhere, according to Penn National Gaming Chairman Peter...more
A few days ago, I presented at the 2013 Governance, Risk, and Control Conference in Phoenix, Arizona, and am excited to highlight the growing force Internal Audit plays in partnering with Compliance to establish and implement...more
The recent examples of compliance program credits for Morgan Stanley and Ralph Lauren have demonstrated that, more than ever, an effective compliance program can protect a company from criminal indictment and generate bottom...more
Since Rana Plaza garment factory collapsed in Bangladesh in April, killing 1,100 workers, many retailers have taken a closer look at the working conditions in their third party suppliers’ factories. European retailers like...more
Today’s Ethics Resource Center (ERC) Fellows Program Survey, Encouraging Employee Reporting through Procedural Justice, noted the effects procedural justice can have on employee support for a hotline/helpline. Some of the...more