Compliance

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
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Manufacturing Matters - Winter 2016

Welcome to Manufacturing Matters, DLA Piper’s specialist publication providing a round-up of legal news, sector updates and commentary for clients and contacts engaged in the manufacturing sector. British manufacturers...more

What to watch for in 2016 in financial regulation: important changes to AML rules for investment advisers coming this year

The Financial Crimes Enforcement Network of the US Department of the Treasury (FinCEN) published a proposed rule in August 2015 which scoped certain investment advisers into the definition of “financial institution” and...more

Communicating Culture Outside the US – Part 2

Yesterday, I began an exploration about some of the issues around communicating corporate culture to business units located outside the US and away from the corporate office. This series is based on a recent article in the...more

A "French Bribery (and Sunshine) Act" is about to be launched - a legal revolution is underway in France

France has been for a long time lagging behind on the field of anti-corruption laws. In 2012, the Organisation for Economic Co-operation and Development raised serious concerns regarding the lack of bribery convictions in...more

Misconduct in the C-Suite: SEC Settles FCPA Case with CEO

The SEC is setting its sights on individual prosecutions. Both the Justice Department and the SEC have reiterated the importance of prosecuting individuals. DOJ’s Yates Memorandum promises to deliver an increase in civil and...more

Communicating Culture Outside the US – Part 1

I once worked in a law firm that was headquartered in another city. We fondly referred to ourselves as “in the provinces” since we worked apart from the mothership. In my corporate life I have worked in the corporate...more

Tribute to Sam Spence and Management?Leadership

Sam Spence died last week. His was not a name that many folks were aware of generally and even in the sports world where he made his greatest mark. Yet he was a prime mover in the explosion of growth by the National Football...more

Writing Effective and Clear Compliance Policies

In the press of compliance priorities, chief compliance officers have to prioritize what is important and what is not. In some respects, the task of a CCO is a continuous loop of prioritizing tasks. CCOs know that the job is...more

Embedding the Compliance Message in Middle Management

Chief compliance officers and senior executives wrestle with strategies to spread and embed important compliance messages. A CEO and senior executives can spread a compliance message but they are always battling competing...more

Spud Webb and Corporate Culture

On this day 30 years ago, history was made when Spud Webb won the 3rd NBA Slam Dunk contest. Webb joined future Hall-of-Famers Michael Jordan, who won the inaugural contest in 1984, and Dominic Wilkins, who won the second...more

Compliance Challenge: The Links Between Corruption and Human Trafficking

Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K....more

SciClone Pharmaceuticals: A Textbook Case of FCPA Violations for Gifts, Meals, Entertainment and Travel

The Securities and Exchange Commission continues its steady march as the prominent FCPA enforcement agency against corporations.  The Justice Department has not brought any enforcement actions this year and continues to...more

What Good Compliance Looks Like: Part III

I concluded Part II of “What Good Compliance Looks Like” with “compliance and tone at the top are more than stated values, it’s about operational and unspoken values. It’s about a seat at the table of business strategy.”...more

First DPA in the U.K. Signals Britain is Serious About Bribery & Corruption

Late last year, ICBC Standard Bank Plc, a U.K.-based financial institution with operations around the world, agreed to pay a $37 million fine and enter into a deferred prosecution agreement (DPA) with British financial...more

Reflections on the SEC- FCPA Enforcement Action Against SAP

The Foreign Corrupt Practices Act (FCPA) enforcement journey, which began last summer with the guilty plea of Vicente Garcia for the payment of bribes to obtain contracts in Panama for his employer, SAP International, ended...more

New Reporting Obligations Under the Modern Slavery Act 2015: Is Your Business Ready?

The Modern Slavery Act 2015 (MSA) seeks to combat slavery and human trafficking by requiring businesses to ensure that their operations and supply chains do not allow for either. Under section 54 of the MSA, organisations...more

Global Anti-Bribery Year-in-Review: 2015 Developments and Predictions for 2016

I. Introduction: Enforcement Trends and Priorities - Among other significant developments, 2015 saw the U.S. Department of Justice (the “DOJ” or the “Department”) document a policy priority of holding individuals...more

Rubik’s Cube and the Intersections of Compliance

It is generally believed that the world’s single best selling toy is the Rubik’s Cube, invented in 1974 by the Hungarian Erno Rubik. Although it was initially believed that Rubik’s Cube was built as a teaching tool to help...more

What Good Compliance Looks Like: Part II

In a prior post, I shared the view of a CEO of a Fortune 500 company, who launched his talk at a compliance event by asking “what does good look like?” In that post, I concluded with how “I spent the better part of my career...more

Tribute to the Jefferson Airplane and Communications in Compliance

There are times when the universe converges in some of the oddest coincidences. It happened one day last week when two members of the original Jefferson Airplane lineup died on the same day. Most people familiar with what my...more

2015 Corruption Perceptions Index, a Vital Anti-Bribery Compliance Tool, Highlights Global Corruption Risks for Corporations

On January 27, 2016, Transparency International released its 2015 update to its annual “Corruption Perceptions Index” (“CPI”), a vital resource for corporate anti-corruption compliance efforts. The 2015 CPI rates 168...more

Data Analytics Week – Part V: Bribes on the Other Side of the Ledger and Best Practices Going Forward

I end my review of the types of data analysis that can be used to help detect or prevent bribery through the case studies from Joe Oringel, co-founder and Managing Director of Visual Risk IQ, a firm that helps audit and...more

Data Analytics Week – Part IV: Third Parties and Duplicate Invoices

I continue my exploration of the use of data analytics in a best practices compliance program. Today we look at how data analytics can be used to help detect or prevent bribery and corruption where the primary sales force...more

SEC’s First Whistleblower Award to Company Outsider: Game Changer?

The headlines lit up this month when the Securities and Exchange Commission (SEC) issued its first-ever award to a whistleblower who wasn’t employed by the company on which he had blown the whistle. The award was a...more

2016 Trends #6: Working With HR—Time to Try Again

It’s been said that no corporate function has the opportunity to contact more employees more often than Human Resources. Recruiting, hiring, on-boarding, performance reviews, promotions, investigations, discipline,...more

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