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Best Practices to Ensure Compliance with Upcoming Data Protection Regulations

The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’...more

Government Signals Focus on AI Enforcement and Data Protection

Government officials underscored the importance of artificial intelligence (AI) enforcement and data protection during the American Bar Association’s 39th National Institute on White Collar Crime in March 2024. Specifically,...more

CSF 2.0 – An Expanded Cybersecurity Framework for all Organizations

Cybersecurity compliance, governance, and disclosure practices have evolved significantly over the past decade. As we have noted in prior blog posts, the U.S. Securities and Exchange Commission is requiring cybersecurity...more

Anti-Corruption Enforcement: 2023 Year-In-Review

As we look back on the anti-corruption enforcement trends we saw in 2023, there were several key developments. The Department of Justice (“DOJ”) brought 11 enforcement actions in 2023. Only six were against companies -...more

ComEd Settlement Proves the Foreign Corrupt Practices Act Is Not Limited to Foreign Corruption

On September 28, 2023, the Securities and Exchange Commission (“SEC”) announced that it reached a settlement with Exelon Corporation and its subsidiary, Commonwealth Edison Company (“ComEd”), relating to charges that ComEd...more

Compliance Challenges Arising from the Use of ChatGPT and Artificial Intelligence

On November 30, 2022, OpenAI launched ChatGPT, and the artificial intelligence chatbot quickly became the talk of the corporate world. With over 100 million users, ChatGPT is one of the fastest growing applications of all...more

Human Resources Compliance Audits (Part 2)

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Human Resources Compliance Audits (Part 1)

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. Further, by engaging...more

U.S. Attorneys’ Offices Implement New Voluntary Self-Disclosure Policy

On February 22, 2023, the U.S. Department of Justice’s (DOJ) United States Attorneys’ Offices (USAO) announced a new Voluntary Self-Disclosure Policy that went into immediate effect. The purpose of the new policy is to create...more

Anti-Corruption Enforcement: 2022 Year-In-Review

The following summarizes our team’s monitoring of key developments in anti-corruption enforcement during 2022 and what that may mean going forward in this new year:.....more

Best Practices to Prevent Internal Fraud and Embezzlement

While companies increase focus on external risks by enhancing regulatory compliance, anti-corruption policies, and cybersecurity, they must not lose sight of internal risks, including internal fraud and embezzlement....more

Cybersecurity Best Practices: Disclosure Requirements for Risk Management, Strategy, and Governance

In previous posts on the Porter Hedges Anti-Corruption & Compliance Blog, our team has discussed the U.S. Securities and Exchange Commission’s (“SEC”) proposal to amend its rules and require disclosures related to...more

Cybersecurity Risk Management Practices for Small and Midsize Businesses

Cybersecurity is the goliath of tech-related concerns for companies of all sizes, not just large corporations. The Cybersecurity & Infrastructure Security Agency (“CISA”) encourages small and midsize businesses to focus on...more

Overview of New Cybersecurity Disclosure Rules for Public Companies

According to the Cybersecurity & Infrastructure Security Agency, cybersecurity is the process whereby information and communications systems, and the information contained in those systems, are protected from and/or defended...more

Increased Focus on Cybersecurity Warrants Review of Policies and Procedures

On March 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed amendments to its rules to require additional disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by...more

DOJ Issues Expedited FCPA Opinion Procedure

In late January 2022, the Department of Justice (“DOJ”) issued Opinion Procedure Release 22-01, its first Foreign Corrupt Practices Act (“FCPA”) Opinion since 2020. The opinion states that based on the specific facts...more

Companies Must Review Compliance Policies Following New Sanctions of Russian Financial Institutions and Individuals

In response to Russia’s anticipated and then executed invasion of Ukraine, last week the U.S. Department of Treasury ("Treasury") announced two new rounds of economic sanctions against Russian-connected financial institutions...more

Anti-Corruption Enforcement: 2021 Year-In-Review

As we look back on 2021, several anti-corruption enforcement trends emerge. The following summarizes the key developments of the prior year and trends to watch in 2022: The Department of Justice (“DOJ”) brought 24...more

Credit Suisse Settlement Carries Broader Lessons about Reputational Risk

On October 19, 2021, the U.S. Securities and Exchange Commission (“SEC”) announced that Credit Suisse Group AG (Credit Suisse) agreed to pay $100 million to the SEC (among other penalties to other agencies) for violations of...more

World’s Largest Advertising Group Settles with SEC for $19.2 Million After Ignoring Red Flags

On September 24, 2021, the Securities and Exchange Commission (“SEC”) announced a settlement with WPP plc, the world’s largest advertising group with dual headquarters in New York City and London. According to the SEC’s...more

SEC Announces More Than $16 Million In Whistleblower Awards In August 2021

In August 2021, the Securities and Exchange Commission (the “SEC”) announced multiple sizable whistleblower awards totaling approximately $16.1 million to 14 individuals. The awards ranged from $150,000 to $3.5 million. These...more

Lack Of Sufficient Third-Party Diligence And Oversight Leads To $41 Million Penalty For Foster Wheeler

On June 25, 2021, the Department of Justice (“DOJ”) and the Securities Exchange Commission (“SEC”) simultaneously announced that the international engineering and project management firm, Amec Foster Wheeler (“Foster Wheeler”...more

Biden Administration Plans Increased Enforcement Of Compliance Issues

On June 3, 2021, President Biden issued a Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest (the “Memo”). The Memo recognized the current Administration’s emphasis on...more

MoneyGram Settlement Illustrates The Need To Maintain Robust Controls

On April 29, 2021, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the agency that enforces and administers U.S. economic and trade sanctions, announced a settlement with Dallas-based MoneyGram...more

Whistleblower Protections Incentivize Development Of Strong Anti-Retaliation Programs

The U.S. Department of Labor recently announced that the Occupational Safety and Health Administration (“OSHA”) will oversee worker retaliation complaints under the Criminal Antitrust Anti-Retaliation Act (“CAARA”) and the...more

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