Howard Sklar
Recommind, Inc.


Greater New York City Area, United States
Phone: 917-886-0692
Areas of Practice
  • Electronic Discovery
  • Ethics & Compliance
  • Software & Technology

Instrumentalities: Boy Are You Going To Be Surprised

When can the DOJ charge an otherwise private entity with being a state instrumentality---changing all employees to "foreign officials" under the FCPA? Just because the DOJ *can* charge, does that mean they *should*…more
 /  Criminal Law

Case Study #10: Tone Deaf

UK Bribery Act Case Study #10, on commitment from the top, represents the worst yet. The advice is not only counterproductive, it gives a false sense of security to those who follow its advice…more
 /  Business Organizations

Case Study #9: Everything Old is New Again

Case Study #9, on due diligence of agents, is really, really bad. It talks about risk as a function of company size rather than of geography, agent, and transaction…more
 /  Business Organizations

Case Study #8: Worth the Wait

The best of the lot (so far), UK Bribery Act Guidance case study #8 perfectly handles how to deal with foreign charitable donations, especially of the make-the-donation-or-else variety…more
 /  Business Organizations

Case Study #7: Training Needed...on how to write an effective case study

To be charitable, I'd say this case study (#8, on training and communication) is entirely mediocre. Talking more plainly, it's bad. You need to give training just to understand how bad it is…more
 /  Business Organizations

Case Study #6: How Much Diligence is Due?

Yet another in the continuing series criticizing the UK Bribery Act Guidance Case Studies. This article analyzes case study #6, on due diligence…more
 /  Criminal Law

Case Study #5: Good Job!

In which I analyze the UK Bribery Act Guidance Case Study #5 and, contrary to form, find that I actually like it very much…more
 /  Criminal Law

Case Study #4: Hospitality

Latest installment discussing the UK Bribery Act Guidance's case studies. Case study #4 is on hospitality. I lay out my thoughts on how to handle the thorny issues of meals, gifts, travel, and entertainment…more
 /  Business Organizations, Criminal Law

Case Study #3: Junior Varsity or JV?

Continuing review of the UK Bribery Act Guidance case studies. Risks and remediation in the formation of joint ventures as applied to the UK Bribery Act…more
 /  Business Organizations, Criminal Law

Case Study #2: Proportionate Procedures

Continuing commentary on the UK Bribery Act Guidance case studies. Case study #2 on proportionate procedures…more
 /  Criminal Law

Case Study #1: Facilitation Payments

Beginning of series of commentary on the UK Bribery Act Guidance case studies. Case study #1: facilitation payments. What are they, and why are they so dangerous? And how do you protect yourself from liability?…more
 /  Criminal Law

After the Bribe

What is the right action to take when your due diligence comes up with something negative? Is the government's attitude on this the right one? Or is it even realistic?…more
 /  Criminal Law

Just Saying Hello

For your FCPA compliance program, pick somewhere, anywhere, that needs improvement, and just start. Don't let the perfect be the enemy of the good, or let your program slip into inertia because you're too busy "admiring the…more
 /  Criminal Law

Who is a Government Official: the Fight is On

Going over the defense brief in US v. Carson, arguing that the FCPA does not govern state-owned entities. They bring in legislative history (via a 152-page affidavit by the FCPA Professor) and logic to show that…more
 /  Criminal Law

On Facilitation Payments

How should companies and compliance programs think about and deal with facilitation payments? What's the big deal, anyway?…more
 /  Criminal Law, Securities Law
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