Ethics

News & Analysis as of

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

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

FTC Publishes Big Data Report – Provides “Recommendations to Business”

The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (Report), January 6, 2016. The FTC Chairwoman Edith Ramirez indicates in the FTC news...more

2016 Trends #5: The Wide World of Sports

If 2016 is anything like last year, we can count on the world of sports to provide a variety of fodder for ethics and compliance discussions. Sports scandals now rival political and business ethics scandals as the...more

OCIE and FINRA Announce 2016 Examination Priorities

On January 6 and January 11, 2016, respectively, the Financial Industry Regulatory Authority (“FINRA”) and the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) each...more

FINRA Releases 2016 Regulatory and Examination Priorities Letter

On Jan. 5, 2016, the Financial Industry Regulatory Authority (“FINRA”) issued its annual Regulatory and Examination Priorities Letter (“2016 Examination Letter” or “Letter”), along with a press release from FINRA chairman and...more

New procurement lobbying, ethics and pay-to-play provisions

The political headlines from last year's battle over lobbying and ethics reform legislation in the Commonwealth of Virginia may have long faded from public memory, but the legal realities of the enacted law—Senate Bill No....more

2016 Trends #4: Politics Invade the Workplace

In the U.S., the 2016 election now dominates the news, social media and many employee conversations. And for global companies, it’s always election season somewhere. So now is a good time for ethics and compliance officers to...more

No Per Se Ethical Violation for "Subject Matter Conflicts"

Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - In a case that was watched by the entire patent law community with some fascination, the Supreme Judicial Court of Massachusetts concluded on December 23,...more

Big Data, Big Deal

The FTC rang in the New Year with a report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues. The report wrestles with the implications of using big data analytics to target and make decisions about...more

2016 Trends #3: Board Expectations for Ethics & Compliance Oversight Get More Specific, Uniform and Comprehensive

According to the U.S. Sentencing Guidelines for Organizations—and similar provisions found in other guidelines worldwide—an organization’s governing body is responsible to “exercise reasonable oversight with respect to the...more

What Does Good Compliance Look Like?

At a corporate summit, the CEO of a Fortune 500 company started his talk by asking “what does good look like?” Good question. “Rules often inspire legalism and minimalism,” he said. “But they don’t govern behavior.” He...more

Defining Business Ethics

One of the more frustrating topics for discussion is defining business ethics. It is frustrating to see how complex and unhelpful the discussion turns when defining business ethics. I have two tests for how to deal...more

The Person (Idea) of the Year – Corporate Ethics and Culture

Each year I have identified the so-called “person” of the year to capture the most significant enforcement and compliance trend. In the past, I have given the award to the Chief Compliance Officer, the Ethics Officer, the...more

Ethics and Compliance Predictions for 2016

The New Year brings new promise for compliance professionals. I always sympathize with compliance officers because of their inevitable conflict – their idealism often is confronted by corporate realities – a CEO who...more

2016 Trends #2: Transitioning to a More Global Center of Gravity for Ethics and Compliance

Today, many ethics and compliance professionals, no matter where we’re located, find it to be important to keep up-to-date on the latest news from the European Union courts, the U.K.’s Serious Fraud Office and international...more

Legal Issues Raised by the Driverless Vehicle Revolution: Part 1

Fueled by the high-profile efforts of technology giants like Google, major manufacturers like General Motors and Tesla, and new auto industry entrants like Uber and Apple, the driverless car revolution is here. Tomorrow’s...more

A New Direction For SEC Enforcement in 2016?

As the new year begins SEC Enforcement appears to be at a cross-roads. Commissioners have, or will, depart; there are, or will be, new appointees. The reconstituted agency will have to determine if its current...more

Whistleblowing: Awareness and Reluctance

The following guest post is authored by Philippa Foster Back CBE, Director Institute of Business Ethics. What stops employees from blowing the whistle? Employees are a first line of defence in protecting companies from...more

2016 Trends #1: The Rise of the Millennial Mindset

To help prepare compliance professionals for the year ahead, we’ve talked with industry experts, our colleagues at NAVEX Global, and ethics and compliance professionals from our more than 12,500 client organizations to gather...more

The Dangers of Quick Fix Solutions – Certifications and Compliance Defenses

When the going gets tough, the tough do not necessarily get going. This is evident in the world of corporate governance, compliance, and defense against aggressive government enforcement. Corporate lobbying interests are...more

Ethics Across the Generations

In the latest edition of Business Compliance, guest author Guendalina Donde (Researcher at the Institute of Business Ethics) writes about “Business Ethics Across Generations: Bridging the Gap.” In her work, Ms. Donde breaks...more

Four Compliance Trends and Challenges for 2016

As we close out the year, it is now time to begin the retrospective reviews and predictions for the New Year. I will try to keep them to a minimum but I find it important to reflect and look forward to new challenges....more

Can In-House Counsel Have Sexual Relations With His Or Her Client?

Can an in-house lawyer have sexual relations with his or her client? To answer this question, it is necessary to identify the lawyer’s client. The California Rules of Professional Conduct provide a clear answer to this...more

Star Wars Week, Part III – VI – Return of the Jedi-Moderating Training

Today we continue our celebration and exploration of the first trilogy of Star Wars movies with a look at Episode VI. Return of the Jedi. In this final movie from the original three, the good guys win in the end after...more

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