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Creating a Speak-Up Culture in the E.U.: Five Key Challenges Compliance Professionals Are Tackling

This autumn, I moderated two roundtables—one in Stockholm and one in Geneva—on the challenges of creating a speak-up culture. With nearly two dozen senior ethics and compliance professionals in attendance, it made for a very...more

6 Guidelines for Fostering a Culture of AML Compliance

The Financial Crimes Enforcement Network (FinCEN) is hoping to help financial institutions increase compliance with the Bank Secrecy Act (BSA) and anti-money laundering (AML) regulations. Noting that violations often stem...more

Changes on Horizon for Equity Compensation Plans as ISS Issues New Draft Policy

Recent announcements by Institutional Shareholder Services Inc. (“ISS”), a proxy voting advisor, indicate that publicly held U.S. companies may need to consider implementing certain modifications to their equity compensation...more

ISS Publishes 2015 Draft Policy Changes; Comments Due by October 29, 2014

On October 15, 2014, Institutional Shareholder Services Inc. (“ISS”) published its key draft policy changes for the 2015 proxy season. There are only two proposed updates for the United States. The first introduces a new...more

"Banker Bonuses: UK and EU Remain on Collision Course"

Since 1 January 2014, the EU’s Capital Requirements Directive (CRD)1 has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent...more

Right to Retire Or Termination: Remediation of Leadership To Foster Compliance

Many historians have long given 476 AD as the date of the fall of the Roman Empire. Further, it was from this date forward that Europe began its long slide into the abyss, which came to be known as the Dark Age. However, this...more

The EU Bonus Cap and Restrictions on the Use of Role Based Fixed Allowances

On 15 October 2014 the European Banking Authority (“EBA”) issued a report on the use of role-based fixed allowances by various financial institutions within the European Union (“EU”) affected by the EU bonus ratio cap....more

Technology Leaders Forecast Survey 2014

EXECUTIVE SUMMARY - Tech Leaders Burst Bubble Talk: Execs See No Signs of Irrational Exuberance, Just Steady Growth Ahead - With a thriving tech economy, ballooning valuations and an IPO market humming at a...more

Global fraud and corruption, and how you can prevent it

Global Corruption Survey - Transparency International carried out a Global Corruption Survey for 2013 to just under 100 countries. The results from this survey indicate that one in four people had paid a bribe to a...more

Guide To Doing Business in Australia: Employment and Industrial Laws

EMPLOYMENT AND INDUSTRIAL LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Employment relationships in Australia are regulated at a number of levels and by a range of statutory and quasi-statutory instruments. Which...more

Chinese Arbitration Pact Enforced

Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor...more

Mexico's New E&P Contracts

Historical Background - Early Mexican E&P: Early in the last century, Mexico became both an important oil producing nation and trendsetter in nationalization of oil industries. In the process it told a...more

A Review of Recent Whistleblower Developments

On July 31, 2014, the SEC awarded $400,000 to a whistleblower who had reported internally before providing information to the SEC. The award was unique because the SEC’s Claims Review Staff had denied the whistleblower’s...more

Ireland Takes Big Step in Protecting Whistleblowers

Earlier this year, the Protected Disclosures Act 2014 was enacted in Ireland to protect whistleblowers across all sectors of the Irish economy. Transparency International Ireland has lobbied for whistleblower legislation in...more

Alien Tort Case Development: Litigation Against Exxon Mobil Corporation May Proceed

In late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation, and several of the company’s subsidiaries, could proceed. Plaintiffs in both...more

Full Court of Appeals Finds Customs Civil Penalty Statute Applies to Corporate Employee

In an important precedent, the Court of Appeals for the Federal Circuit (CAFC), sitting en banc (i.e., the full court rather than the typical three-judge panel), held that corporate employees who engage in a broad variety of...more

Ninth Circuit Case Portends Implications for Alien Tort Claims Act Liability Throughout Corporate Supply Chains

The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more

When Bribery Pays, People Bribe

As Alison Taylor (Senior Managing Director, Control Risks) stated in a recent Forbes Article, “Compliance and Risk: Clearing the Org Chart Hurdle, “the traditional preventative approach to risk management is proving...more

Russia: Secondment is beyond the Law?

Prior to 2014, secondment arrangements had not been clearly regulated by either Russian labor or civil law, with many Russian companies operating under the pretense that as long as it is not forbidden, it might as well be...more

Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

What Does Delaware’s Wal-Mart Decision Mean for Attorney-Client Privilege and Internal Investigations?

The Delaware Supreme Court recently came to a decision in Wal-Mart Stores Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW to uphold the order given by the Delaware Court of Chancery to require Wal-Mart to give the...more

Dutch Tax Plan 2015 and other changes in Dutch tax law

Today, the Dutch Ministry of Finance published its Tax Plan 2015 (hereinafter: Tax Plan). The Tax Plan primarily has an impact on citizens of the Netherlands, especially employees. The impact for the business community...more

Non-U.S. Whistleblower's Dodd-Frank Retaliation Claim Rejected

On Aug. 14, the U.S. Court of Appeals for the Second Circuit issued a decision that helps clarify the territorial reach of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15...more

Global HR Hot Topic—September 2014: Global Codes of Conduct

Most major multinationals—particularly those based in the United States—have issued global codes of conduct spelling out baseline rules that apply across their worldwide operations. But these conduct codes vary substantially...more

How due diligence plays a role in anti-corruption compliance

With the increasing frequency and expanding scope of enforcement globally, organizations need to devote plenty of attention to anti-corruption due-diligence of third-parties that they engage. The value of due diligence is...more

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