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How Ethical Behaviors Can "All Go So Wrong."  [Video]

In the trailer of a full animated video to be released on September 14th, 2015, I introduce many of the front-line rationalizations, temptations and emotions which impacted my conduct and decisions on the front-lines of...more

Business Litigation Alert: "Expanding Whistleblower Protection - Recent Senate Bill Represents Big Changes"

A new bill unanimously passed the U.S. Senate in July that could make it significantly more difficult for general counsel when considering whether to self-report antitrust issues. The Criminal Antitrust Anti-Retaliation Act...more

An FCPA Journey to the Darkside & Steps to Protect Your Organization [Video]

The following is a video of my presentation at the MetricStream GRC Summit in Washington DC, on May 12th, 2015. Here I address my own perfect storm of rationalizing bribery and steps to protect your organization by a better...more

From Behind the Bribe: The Sharp End of Compliance [Video]

In a short video, Richard Bistrong describes his journey through the dark side of international business, and how he rationalized bribery during his career as an International Sales VP. Richard also describes what it was...more

Jail for UK directors and corporate sentencing to come

The prosecution of Smith and Ouzman Ltd. for bribery is winding to a close, with the sentencing of two directors of the company for corruption....more

Never Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation

“So you are the great lawyer I’ve been told about!  But, you are so young!  I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let...more

Stopping the DOJ at the Border? A New Defense to the Reach of Federal Extraterritorial Criminal Action

In a one-day Department of Justice Antitrust Division takedown last September, nine international companies based outside the United States pled guilty to criminal antitrust violations and agreed to pay more than $740 million...more

EY Fraud Survey & Compliance Fatigue. Do as I say not as I do.

A few weeks ago I posted “EY Global Fraud Survey: “Depressing,” yes, surprising, no” and shortly thereafter, Philipp Kloeber, Consultant at Ernst & Young, Melbourne, Australia was kind enough to refer me to the EY paper...more

How to Avoid Corruption Risks in China [Video]

The recent headlines on China's expanding anti-corruption investigation and enforcement action is a significant event in global anti-corruption enforcement. For companies operating in China, the risks have now increased...more

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

Four Key Board Responsibilities for Monitoring Risk and Compliance

Introduction: High Pressure Regulatory Environment - Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more

The Compliance Stepchild: Antitrust

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more

Dow Jones’ Anti-Corruption Survey: Key Findings

During the past few years, there has continued to be a shift in the amount of attention companies are putting towards corruption concerns and anti-corruption programs. This is evident in the recent survey of 311 compliance...more

Understanding & Mitigating Third Party Corruption Risk Under Canada’s Corruption of Foreign Public Officials Act

The use of third party agents in international operations or business development, whether consultants, sales representatives, customs brokers, contractors or distributors, is often unavoidable. This may be because the...more

China’s Antitrust Authority Imposes Fines on Foreign Corporations for the First Time

Recently China’s National Development and Reform Commission (NDRC) imposed an RMB 353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed...more

JFTC Releases Survey on Corporate Compliance Efforts and Recommends Best Practices

On November 28, 2012, the Japan Fair Trade Commission (“JFTC”) published the findings of its 2012 survey of corporate compliance practices based on (i) responses from approximately 879 companies listed on the Tokyo Stock...more

When the CEO Says No to Compliance: FCPA Insights from Watergate's Egil "Bud" Krogh

A recent video posted by the Markkula Center of Applied Ethics highlights one of the most difficult ethical issues facing FCPA compliance officers – doing your job when the CEO does not want you to. To provide some guidance...more

Doing Business in Canada: Offences Under The Competition Act

The Competition Act, which is Canada’s antitrust legislation, restricts anti-competitive business practices. The Act is designed to ensure fair competition in the Canadian marketplace. Over the last 26 years, the Act has...more

Practical Law Multi-Jurisdictional Guide 2012/13: Corporate Crime, Fraud and Investigations: Japan

Originally published in Corporate Crime, Fraud and Investigations multi-jurisdictional guide 2012/13 and is reproduced with the permission of the publisher, Practical Law Company. - FRAUD - Regulatory provisions and...more

You’d Better Watch What You Say: The Fifth Amendment’s Role In Cross-Border Investigations

Originally published in on July 11, 2012. The government increasingly has turned its focus abroad, to cross-border investigations and prosecutions, garnering major headlines in cases involving the Foreign...more

HSR and Jail Time? The Importance of Being Earnest, and Getting Corporate Internal Investigations Right

Corporate and in-house counsel not accustomed to dealing with white collar defense issues can put themselves and their clients at risk when dealing with bad actors within the company. A routine merger investigation gone wrong...more

In-House Counsel: The Top 6 Risks (Part II of II)

In Part II on In-House Counsel, I examine the field of enforcement risks facing in-house counsel and outline my Top 6 Risks. The challenges facing in-house counsel are significant and growing. It is important to try and...more

Recent DOJ Obstruction of Justice Case Highlights Importance of HSR Item 4 Compliance

Failing to comply with premerger document disclosure rules can lead to civil and criminal penalties for companies and their executives. On May 3, 2012, Kyoungwon Pyo, a senior executive at Hyosung Corporation, agreed to...more

Tampering with Documents in Connection with a Merger Investigation can Land You in Jail!

One does not usually associate the possibility of criminal penalties with the Hart-Scott-Rodino Act premerger review process. However, on May 3, 2012, the U.S. Department of Justice ("DOJ") announced that an executive of a...more

European Commission Considers Taking Over Cartel Investigations to Prevent Exploitation of German Law Loophole

Under German law, companies may escape cartel fines by undertaking an internal restructuring. The German competition authority has indicated a willingness to reallocate such cases to the European Commission, which can impose...more

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