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The second half of 2013 saw the continued expansion of FCPA enforcement by the DOJ and the SEC. The decrease in the scope of protections afforded to whistleblowers will lead to an increase in the number of FCPA potential...more
Yesterday I began an exploration of a recent article in the Corporate Board magazine, entitled “Successful Board Investigations” by David Bayless and Tammy Albarrán, partners in the law firm of Covington & Burling LLP. In...more
It is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014.
1. Executive Order 13627 Changes Government Contracting -
Want a government contract...more
When it comes to predicting ethics and compliance trends and events for the new year, I admit I needed some help. So I reached out to two leading ethics and compliance specialists in the industry – Donna Boehme and Michael...more
As 2013 wraps up, it is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014:
1. Executive Order 13627 on Trafficking in Government Contracts —...more
First, the kerfuffle surrounding the Citi matter has wholly obfuscated the SEC staff’s achievement. Understand that these structured products cases are extremely complicated. Even when assisted by whistleblowers, the facts do...more
The U.S. District Court for the Southern District of New York has held that the whistleblower protection provisions of the Dodd-Frank Act do not apply outside the United States, even where the employee alleged he was...more
Tom Cruise: Did you order a Code Red?
Jack Nicolson: You’re G__D__ right I ordered a Code Red.
The above lines were spoken in the movie version of “A Few Good Men”. If there was ever one scene which demonstrated...more
Liu v. Siemens A.G., No. 13-CV-317(WHP) (S.D.N.Y. Oct. 21, 2013) (Pauley, J.): Judge William H. Pauley III dismissed a retaliation claim under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank)...more
The Dodd-Frank Act's retaliation protections do not apply to activities outside of the United States, a federal district court has ruled, dismissing a case against German multinational corporation Siemens AG. Liu v. Siemens...more
The SEC awarded more than $14 million to a whistleblower earlier this month in exchange for information that helped the SEC bring an enforcement action against the perpetrators of an investment fraud in less than six months...more
Two new Dodd-Frank decisions over the last week contain mixed results for employers.
In Liu v. Siemens A.G., Judge Pauley in the Southern District of New York held that Dodd-Frank’s anti-retaliation provision does not...more
On July 17, 2013, the United States Court of Appeals for the Fifth Circuit ruled in Asadi v. G.E. Energy (USA) L.L.C. that whistleblowers are only eligible for protection under Dodd-Frank when they make disclosures directly...more
Over the past two weeks there were two separate Fifth Circuit Court of Appeals cases dealing with allegations of bribery and corruption....more
This week, reports have arisen that Chinese authorities in the cities of Shanghai, Beijing, and Changsha detained high-level GlaxoSmithKline (GSK) managers as part of an investigation into potential “economic crimes.” The...more
The seemingly continuous saga of the Rutgers Athletic Department and the attendant fallout from the Mike Rice scandal has reappeared in the news recently....more
Companies launch internal investigations based on information that comes from a variety of sources, including newspaper articles, government requests for information and information bubbling up from within the organization...more
One of my weekend reading pleasures is the Saturday section in the Financial Times (FT) entitled “Lunch with the FT”. ...more
This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more
Introduction: High Pressure Regulatory Environment -
Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more
In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more
In a Wall Street Journal (WSJ) article by Chris Matthews, Joe Palazzolo and Shira Ovide, entitled “U.S. Probes Microsoft Bribery Allegations”, they reported that the Department of Justice (DOJ) and Securities and Exchange...more
I often write about what can happen to companies who run afoul of the Foreign Corrupt Practices Act (FCPA). Usually enforcement actions focus on companies and not individuals. However, as is often pointed out by commentators...more
The Justice Department’s message is getting through. The two-fisted strategy of aggressive enforcement and public cajoling on the importance of compliance is being heard by the business community. The Justice Department and...more
Each year at The SEC Speaks, the Commissioners and senior leadership of the Securities and Exchange Commission identify the agency’s priorities and initiatives for the coming year. Of course, one of the most anticipated...more
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