News & Analysis as of

Bribery

Time for Companies to Establish an Independent Corporate Ombudsman

by Michael Volkov on

Corporate commitment to speak up cultures is suffering. The Ethics and Compliance Initiative’s recent Global National Business Ethics Survey contained a critical finding – corporate instances of retaliation against employee...more

I avoid it when it doesn’t look right, you should too

by Ary Rosenbaum on

I live in an unincorporated village on the south shore of Nassau County and the elected Board of Education has this problem that doesn’t want to talk about and it’s called nepotism. Three out of the seven members have a child...more

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part III – Where is Uncle Duke?

by Thomas Fox on

We continue our Hunter S. Thompson themed week in honor of Michael Cohen and his Essential Consulting LLC entity. Today we honor Thompson’s alter ego Uncle Duke. For those who might not know just who Uncle Duke might be, you...more

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part II, Full Gonzo

by Thomas Fox on

We continue our Hunter S. Thompson themed week in honor of Michael Cohen and his Essential Consulting LLC entity and his work which he sardonically named “Project Sunlight”. There may not be a finer example of full Gonzo...more

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part I

by Thomas Fox on

I hope you were able to check out the first ever Compliance Into The Weeds emergency podcast, where Matt Kelly and myself took a look at some of the initial information which came out about the payments to the president’s...more

The Twelve Compliance Steps Every Multinational Corporation Should Undertake in Light of Recent Trump Administration Enforcement...

by Foley & Lardner LLP on

Over the last month, regulators with the Trump administration sent a loud message to companies subject to U.S. jurisdiction: Enforcement of laws governing international activities is alive and well and the laws will continue...more

Reflections on Week of Compliance in Brazil

by Thomas Fox on

I have finished up my week in Brazil and I wanted to end this week’s Brazil focused blog posts with some final thoughts and observations on the country’s burgeoning compliance scene....more

Dun and Bradstreet Pays $9 Million for FCPA Violations in China

by Michael Volkov on

After a lengthy investigation, Dun and Bradstreet (D&B) settled an FCPA enforcement action with the Securities and Exchange Commission for $9 million. ...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS – Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) – On April 23, the Dun & Bradstreet...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS – Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) – On April 23, the Dun & Bradstreet...more

Delusions of adequacy: The belated tale of adequate procedures

by Hogan Lovells on

It's been almost seven years since the UK Bribery Act (the Act) came into force. The Act's reach is extra-territorial but on the Act's home soil, on 21 February 2018, we saw the first contested case of "adequate procedures."...more

Compliance Innovation Driving Business Efficiency

by Thomas Fox on

The first thing to remember about bribery schemes is that the money to fund the bribes must come from somewhere. Deep Throat was right when he told Woodward and Bernstein to ‘follow the money’ during their Watergate...more

Compliance Lessons Learned from Panasonic Avionics $280 Million FCPA Enforcement Action (Part II of II)

by Michael Volkov on

The Panasonic Avionics (PAC) FCPA enforcement settlement for $280 million with the Justice Department and the Securities and Exchange Commission contains a number of important lessons learned. ...more

Panasonic Avionics Pays $280 Million to Resolve FCPA Offenses in Middle East and Asia (Part I of II)

by Michael Volkov on

As the nattering nabobs of negativism continued to claim that FCPA enforcement was on the decline, the Justice Department and the SEC settled a major FCPA enforcement action with Panasonic Avionics (PAC), a subsidiary of...more

Why third party risk shouldn’t mean sleepless nights

Third party risk goes far beyond your suppliers or anti-bribery and sanctions legislation. With the right intelligence and risk-based approach, it’s possible for companies to delve deeper and achieve peace of mind....more

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in US Courts: Spring 2018

RICO Claim Against US Entities Rejected Because Injury to Potential Legal Claims Was “Suffered” Only in Non-US Location Where Plaintiff Was Based - Armada (Singapore) Pte Limited v. Amcol International Corporation, US...more

FLIR Systems Pays $15 Million Civil Penalty for AECA and ITAR Violations and Earns First DTCC Monitor (Part I of II)

by Michael Volkov on

In an extraordinary enforcement action, the US Department of State reached a comprehensive settlement with FLIR Systems, Inc. (FLIR) to resolve violations of the Arms Export Control Act and the International Traffic in Arms...more

Panasonic FCPA Enforcement Action: Part III – A 20% Discount

by Thomas Fox on

We continue our exploration of the Foreign Corrupt Practices Act (FCPA) enforcement action involving Panasonic Avionics Corporation (PAC) and its parent Panasonic Corporation (Panasonic)....more

Red Notice Newsletter - April 2018

ANTICORRUPTION DEVELOPMENTS – Dun & Bradstreet Agrees to Pay More than $9.2 Million to Resolve SEC FCPA Enforcement Action (But First to Receive Declination Under New DOJ Policy) – On April 23, the Dun & Bradstreet...more

Panasonic FCPA Enforcement Action: Part II – The Bribery Schemes

by Thomas Fox on

We continue our exploration of the Foreign Corrupt Practices Act (FCPA) enforcement action involving Panasonic Avionics Corporation (PAC) and its parent Panasonic Corporation (Panasonic). Today, I want to review the bribery...more

Panasonic FCPA Enforcement Action: Part I – Background

by Thomas Fox on

Those bemoaning the lack of Foreign Corrupt Practices Act (FCPA) enforcement activity can cease. With the Dun & Bradstreet Inc. (D&B) declination last week and this week’s enforcement action involving Panasonic Avionics...more

France Takes Next Step in Anticorruption Enforcement: First "French DPAs" and What Companies Should Know

by Jones Day on

The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more

Top Ten International Anti-Corruption Developments for March 2018

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Court criticises SFO privilege over employee interview notes AL v XYZ

by Allen & Overy LLP on

R (on the application of AL) v Serious Fraud Office [2018] EWHC 856 (Admin) - Let there be no confusion: first interview notes in internal investigations are rarely privileged. This is the message of the High Court in a...more

Dangers And Solutions For U.S. Companies Trading With Foreign Countries

When conducting business outside of the United States, U.S. companies must comply with the Foreign Corrupt Practices Act of 1977 (“FCPA”). The FCPA was enacted for the purpose of making it unlawful for persons and entities to...more

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