News & Analysis as of

Compliance

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -

Compliance as a Valuable Tool for Avoiding Enforcement Action in Mexico and Latin America

by Morgan Lewis on

The Recent Focus on Corruption in Mexico - On July 19, 2017, the General Law of Administrative Responsibilities (GLAR) went into effect in Mexico, making it a “serious administrative offense” for individuals and companies...more

FCPA Compliance Report-Episode 366 Jonathan Marks on performing and using a root cause analysis

by Thomas Fox on

In this podcast, I visit Jonathan Marks, a partner at Marcum LLP on how to perform a root cause analysis and its uses in the remediation phase of a best practices compliance program. One new and different item was laid out in...more

Global Anti-Bribery Year-in-Review: 2017 Developments and Predictions for 2018

by WilmerHale on

This past year marked the 40th anniversary of the U.S. Foreign Corrupt Practices Act (“FCPA”). Since its enactment in 1977, the U.S. Department of Justice (the “DOJ”) has brought approximately 300 FCPA enforcement actions,...more

Using a Root Cause Analysis

by Thomas Fox on

In my last post, I began considering the Prong of the Evaluation of Corporate Compliance Programs (Evaluation) which was not present in the Ten Hallmarks of an Effective Compliance Program, the root cause analysis. ...more

FOIL Request Denials Could Come with a Cost to NYS Agencies and Municipalities

by Harris Beach PLLC on

State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more

The Root Cause Analysis

by Thomas Fox on

One new and different item laid out in the Evaluation of Corporate Compliance Program (Evaluation), supplementing the Ten Hallmarks of an Effective Compliance Program from the 2012 FCPA Guidance, was the performance of a root...more

Day 12 of 31 Days to a More Effective Compliance Program-Financial Incentives for Compliance

by Thomas Fox on

One of the areas that many companies have not paid as much attention to in their compliance programs is compensation. However, the DOJ and SEC have long made clear that they view monetary structure for compensation, rewarding...more

What Canadian Companies Need to Know About Effective Compliance with Canadian, U.S. and Global Anti-Corruption Laws

by Bennett Jones LLP on

Issue-Spotting and Compliance Best Practices - An understanding of the Foreign Corrupt Practices Act (FCPA) and Corruption of Foreign Public Officials Act (CFPOA) provides a framework to consider how, when and why these...more

How Do You Evaluate a Risk Assessment?

by Thomas Fox on

Yesterday we considered how to perform a risk assessment. Today how do you evaluate the information you have developed. After you complete your risk assessment, you must then translate it into a risk profile, as Rick Messick...more

GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

by Knobbe Martens on

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes...more

Three Simple Steps to Improve Your Corporate Culture

by Michael Volkov on

What exactly does “corporate culture” mean?  Compliance professionals often talk about how important “tone from the top” or the “mood in the middle” is, but what does that really mean?...more

Performing Risk Assessments

by Thomas Fox on

One cannot really say enough about risk assessments in the context of an anti-corruption program. Since at least 1999, in the Metcalf & Eddy enforcement action, the Department of Justice (DOJ) has said that a risk assessment,...more

Time to Test and Audit Your Compliance Program

by Michael Volkov on

We all enjoy citing government sources for guidance on an effective ethics and compliance program. Whether it is the United States Sentencing Guidelines, the Justice Department’s and SEC’s FCPA Guidance, Health and Human...more

Day 10 of 31 Days to a More Effective Compliance Program-The Use of Social Media in Compliance

by Thomas Fox on

What is the message of compliance inside of a corporation and how it is distributed? In a compliance program, the largest portion of your consumers/customers are your employees. Social media presents some excellent mechanisms...more

King Arthur, the Roundtable, and Modern Day Lessons for Compliance Officers

by Thomas Fox on

How the Arthurian legends inform your modern-day compliance program....more

Dorsey Anti-Corruption Digest - January 2018

by Dorsey & Whitney LLP on

Keeping ahead of global anti-corruption trends is critical in today’s business markets. The Dorsey Anti-Corruption Digest, which puts global trends at your fingertips, puts you ahead. The deep experience of the Dorsey...more

Five Major Compliance Predictions for 2018

by Michael Volkov on

When you look back on the rise of the ethics and compliance profession, you cannot ignore the history of accomplishments. It is easy to minimize these accomplishments as a reaction to the government’s aggressive FCPA...more

Responding to Investigative Findings

by Thomas Fox on

Most companies understand a the need for an investigative protocol or bringing in experienced investigative counsel should a substantive Foreign Corrupt Practices Act (FCPA) allegation arise. However what is not as well known...more

Corporate treasurers have their say on 2018 challenges

Corporate treasurers play an increasingly critical role as advisors to their organizations. What are the biggest challenges they see in 2018 and what are the regulations that will most affect their business? ...more

Day 9 of 31 Days to a More Effective Compliance Program-360 Degrees of Compliance Communications

by Thomas Fox on

A 360-degree view of compliance is an effort to incorporate your compliance identity into a holistic approach so that compliance is in touch with and visible to your employees at all times. It is about creating a distinctive...more

Tribute to Ray Thomas – Using Updates and Feedback in a Compliance Program

by Thomas Fox on

How best can you feeds updates back into your compliance program? Before we address that issues, I am sad to report that founding Moody Blues member Ray Thomas died last week....more

LEI delay helps firms but the pressure is still on

On December 20, 2017, the European Securities and Markets Authority (ESMA) announced a six month Legal Entity Identifiers (LEI) grace period, but firms must be in the process of obtaining client LEIs. You need the insight...more

Operationalizing Compliance: Conduct at the Top, Accountability Are Key

Almost one year ago, in February of 2017, the U.S. Department of Justice (DOJ) Fraud Section released the Evaluation of Corporate Compliance Programs guidance, which references the FCPA Resource Guide and the Hallmarks of...more

Day 8 of 31 Days to a More Effective Compliance Program-Internal Controls and Compliance

by Thomas Fox on

The DOJ and SEC, in the 2012 FCPA Guidance, stated, “Internal controls over financial reporting are the processes used by compa¬nies to provide reasonable assurances regarding the reliabil¬ity of financial reporting and the...more

The Role of Payroll in Compliance

by Thomas Fox on

One of the new areas articulated in the Evaluation of Corporate Compliance Programs (Evaluation) was around payments and payroll. For the both the compliance professional and the corporate payroll function, there is a...more

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