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Compliance Meals-Gifts-and Entertainment Rules

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. ... 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 -
Thomas Fox - Compliance Evangelist

A Primer on Gifts and Business Entertainment

If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years of the FCPA, companies might follow its prescriptions...more

Jones Day

French Anti-Corruption Agency Publishes its Practical Guide on Corporate Gifts and Entertainment Policies

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Companies should identify and, where appropriate, manage risk associated with gifts and entertainment by incorporating a clear policy into their overall corporate compliance strategy. On September 11, 2020, the French...more

The Volkov Law Group

Herbalife’s FCPA Settlement: Lessons Learned (Part III of III)

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Herbalife’s FCPA settlement is another one for books – the wreckage left includes two criminal indictments for Chinese officials who may never be apprehended, along with $123 million in penalties....more

Dechert LLP

Anti-gift Law – The 2017 New Legal Framework Finally Ready to Go Live on October 1, 2020

Dechert LLP on

The French anti-gift legal framework was substantially amended by the Ordinance No. 2017-49 dated January 19, 2017. However, these new rules were subject to the adoption of an implementing decree. Their implementation, which...more

Oberheiden P.C.

A CEO's Guide to FCPA Compliance

Oberheiden P.C. on

- A tone-at-the-top business culture with CEO leadership is a critical component of effective anti-corruption and anti-bribery policy implementation. - CEO leadership helps set an example for lower management and company...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and SEC Issue Second Edition of the FCPA Resource Guide

On July 3, 2020, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly released the second edition of the “Resource Guide to the U.S. Foreign Corrupt Practices Act,” which was...more

Thomas Fox - Compliance Evangelist

The Digital Twin and P&L of One

Innovation in compliance can come in many forms. One such form was described by Vincent M. Walden, Managing Director at Alvarez and Marsal Holdings, LLC (A&M), in his article entitled “Profit & Loss-of-One”(P&L-of-One). In...more

WilmerHale

$1 Billion Ericsson Resolution, Three Jury Verdicts Cap Off Busy Fourth Quarter for US FCPA Enforcement

WilmerHale on

On December 6, 2019, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) agreed to resolve allegations that multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson or...more

Thomas Fox - Compliance Evangelist

I Believe in Father Christmas and Internal Controls for Gifts in the Holiday Season (UPDATED)

A key analysis is whether there are controls in place to enforce the policies and whether those controls are documented. To help to answer this query, there are four issues to evaluate...more

The Volkov Law Group

Ericsson’s Pervasive Bribery Conduct: The Toxic Mix of Senior Executive Involvement and Third Party Corruption (Part II of II)

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Ericsson’s FCPA settlement is in the books (not the books and records).  But it casts a significant shadow across the FCPA landscape.  A pervasive and systemic culture of bribery is defined to reflect senior executive...more

The Volkov Law Group

DOJ Charges Two Herbalife Executives with Criminal FCPA Violations

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Last week, DOJ announced the indictment of two former Herbalife executives in China for participating in a bribery scheme over a ten-year period.  Herbalife, a multi-level marketing company, was not charged and its...more

Thomas Fox - Compliance Evangelist

Baseball Moves Forward and the Advancement of Compliance Through ComTech

What have been some of the advancements in compliance this century? One of the key recent innovations has been the role of Artificial Intelligence (AI) in compliance going forward. LawTech had disrupted the legal profession...more

The Volkov Law Group

Juniper Networks Settles FCPA Violations with SEC for $11.7 Million

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Juniper Networks agreed to pay the SEC $11.7 million to settle FCPA violations for conduct occurring in Russia and China. Under the settlement, Juniper Networks agreed to disgorgement of $4 million, a $6.5 million civil...more

The Volkov Law Group

Five Lessons for Third-Party Distributor Risk Management from Microsoft FCPA Settlement (Part III of III)

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The Microsoft FCPA settlement, while not significant in the total penalty of approximately $25 million, provides some important instructions concerning distributor and re-seller risks and mitigation strategies.  ...more

The Volkov Law Group

Telefônica Brasil Pays $4.125 Million for Hospitality-Related FCPA Violations

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As the old adage provides – better late than never.  (Same applies for my somewhat tardy posting on this case). Telefônica Brasil settled FCPA violations with the SEC for a pretty penny — $4.125 million in civil penalties...more

Mitratech Holdings, Inc

Level Up With Policy Management Automation

How is the new generation of policy automation management solutions changing the game and solving policy management’s thorniest problems? ...more

BCLP

The corporate hospitality Guidelines under the UK Bribery Act.

BCLP on

This is the third in a series of articles in which members of BCLP’s White Collar team review the recent report of the House of Lords Select Committee’s, entitled “The Bribery Act 2010: post-legislative scrutiny”. Here we...more

The Volkov Law Group

Episode 66 -- Gifts and Hospitality Compliance and Best Practices

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Companies have to focus on compliance controls and non-material financial transactions to prevent fraud, bribery and other misuse of corporate funds. One particular risky area is the control of gifts, meals, entertainment,...more

The Volkov Law Group

A Compliance Priority — Watching Where Your Money Goes

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In a number of enforcement contexts, I am always struck by a common theme – crooks are able to obtain access to corporate money for improper purposes.  You never hear about a crook who uses his own money to pay bribes or...more

The Volkov Law Group

United Technologies SEC FCPA Enforcement Action: Gifts, Meals, Entertainment and Travel Abuse and Bribery (Part II of II)

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When you read through the United Technologies SEC FCPA enforcement action, you cannot help but shake your head – the level of abuse and participation by senior managers in the UT companies – Pratt & Whitney and Otis Elevator...more

Thomas Fox - Compliance Evangelist

Reflections on Week of Compliance in Brazil

I have finished up my week in Brazil and I wanted to end this week’s Brazil focused blog posts with some final thoughts and observations on the country’s burgeoning compliance scene....more

Thomas Fox - Compliance Evangelist

Compliance Innovation Driving Business Efficiency

The first thing to remember about bribery schemes is that the money to fund the bribes must come from somewhere. Deep Throat was right when he told Woodward and Bernstein to ‘follow the money’ during their Watergate...more

The Volkov Law Group

FCPA Compliance: Automation and Mitigating Gifts, Meals, Entertainment and Travel Expenditures Risks (Part III of V)

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The laundry list of companies that have been prosecuted for FCPA violations surrounding gifts, meals, entertainment and travel expenditures is lengthy....more

Thomas Fox - Compliance Evangelist

When is the Right Time? The Indians Streak and Monitoring

My challenge on when to write about the Indians winning streak informs today’s blog post, as I consider when you should use ongoing monitoring. Every compliance practitioner recognizes the prevent, find and fix tripartite...more

The Volkov Law Group

Effective Compliance and the Importance of Accounts Payable Function

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As the compliance function has matured, Chief Compliance Officers have built important relationships with related functions that are critical to the compliance function. Over the last few years, we have seen the Justice...more

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