News & Analysis as of

Foreign Corrupt Practices Act (FCPA) Financial Statements

Foodman CPAs & Advisors

Trabajando juntos, los abogados y los contadores forenses pueden brindar soluciones óptimas

Foodman CPAs & Advisors on

Existe una propuesta de valor presentable a un cliente cuando un abogado trabaja en conjunto con un contador forense.  Los litigios a menudo implican la superposición de múltiples y complejos asuntos legales y contables....more

Foodman CPAs & Advisors

Working together, Attorneys and Forensic Accountants Can Bring About Optimal Solutions

Foodman CPAs & Advisors on

There is a value added for a client when an Attorney is working in tandem with a forensic accountant. Litigation often involves overlapping complex accounting and legal issues. Working together, Attorneys and Forensic...more

Thomas Fox - Compliance Evangelist

Talent Mix: Maximizing Your Program’s Reach with Diverse Skillsets

Ed. Note-We welcome back Troy McAlister with another guest post. Troy brings 20 years of experience at both public and private companies, in public accounting and in a variety of industries. Troy has experience in...more

Thomas Fox - Compliance Evangelist

Fit for Purpose: Taking Compliance Internal Controls to the Next Level

Ed. Note-today we have a guest post from Troy McAlister, who brings 20 years of experience at both public and private companies, in public accounting and in a variety of industries. Troy has experience in establishing and...more

Thomas Fox - Compliance Evangelist

Welcome of 31 Days to a More Effective Compliance Program for September – Internal Controls

It is a new month and a new topic for 31 Days to a More Effective Compliance Program. In September, I will consider internal controls. I am pleased to welcome back Affiliated Monitors, Inc. (AMI) as this month’s sponsor of...more

Jones Day

SEC Enforcement in Financial Reporting and Disclosure: 2020 Mid-Year Update

Jones Day on

We are pleased to present our annual mid-year update on financial reporting and issuer disclosure enforcement activity for 2020. This White Paper focuses on the U.S. Securities and Exchange Commission's ("SEC") enforcement...more

Thomas Fox - Compliance Evangelist

Day of Reckoning for KPMG-Failures in Ethics

The day of reckoning was here for KMPG and I do not think that anyone could have imagined how bad it would be for the firm. Last week the Wall Street Journal (WSJ) reported last week that KPMG was preparing to pay up to $50...more

Foodman CPAs & Advisors

Should Business Owners rely on Whistleblowers or Forensic Accountants?

Foodman CPAs & Advisors on

According to a recent Foreign Corrupt Practices Act (FCPA) Blog entry (11/28/18), over 40% of internal frauds are discovered by whistleblowers and statistics show that 74% of whistleblowers are terminated. ...more

Latham & Watkins LLP

The Latham FPI Guide: Accessing the US Capital Markets From Outside the United States

Latham & Watkins LLP on

Fabry-Pérot Interferometer, SA is a highly successful non-US company known to the world as FPI. FPI is considering doing a debt or equity offering in the United States. What are the key legal issues it, and its underwriters...more

A&O Shearman

Southern District Of New York Dismisses Exchange Act Claims Alleging Failure To Properly Disclose Potential FCPA Violations

A&O Shearman on

On March 30, 2018, the United States District Court for the Southern District of New York dismissed with prejudice a class action complaint against Embraer S.A. (“Embraer” or the “Company”) and several of its officers,...more

Thomas Fox - Compliance Evangelist

What is the Financial Health of Your Third Parties?

What are some of the ways to consider third party risk, management of that risk and strategic risk in a compliance program? Typically, a Chief Compliance Officer (CCO) or compliance professional will consider the ownership...more

Thomas Fox - Compliance Evangelist

New Revenue Recognition Standard – Part IV: Determining the Transaction Price

This week I am exploring the Financial Accounting Standards Board (FASB) issued Accounting Standards Update No. 2014-09, Revenue from Contracts with Customers (Topic 606), for public business entities, certain not-for-profit...more

Orrick, Herrington & Sutcliffe LLP

Investing in China Key Challenges and Mitigation Strategy

In early 2005, a subsidiary of listed Hong Kong and China Gas Company Limited (0003.HK) bought a controlling stake in a Chinese joint venture company. Initial payments were made, but then the audited financial statements...more

Foley Hoag LLP

Considerations for the Acquisition of a Non-U.S. Company by a U.S. Public Company

Foley Hoag LLP on

When it is time to sell a company, there are a number of financial and legal steps a business should consider to ready itself for a merger or acquisition. When the potential buyer is a U.S. public company, that list may get...more

Thomas Fox - Compliance Evangelist

Not Correctly Reporting Losses: An Internal Controls Failure

A recent Securities and Exchange Commission (SEC) internal controls enforcement action drew my attention. It was not a Foreign Corrupt Practices Act (FCPA) enforcement action but it certainly does have implications for a...more

Thomas Fox - Compliance Evangelist

Joe Howell on the PCAOB, Audits and Compliance – Part IV

This week I have been exploring the Public Accounting Oversight Board (PCAOB) with Joe Howell, an Executive Vice President (EVP) with Workiva Inc. We have considered how some of the issues addressed by the PCAOB directly...more

Dorsey & Whitney LLP

This Week In Securities Litigation (The week ending January 10, 2014)

Dorsey & Whitney LLP on

The insider trading trial of former SAC Capital official Matthew Martoma opened this week in Manhattan with jury selection. The SEC announced the resignation of George Canellos, Co-director of the Division of Enforcement....more

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