News & Analysis as of

FCPA Guidance

Tribute to Keith Jackson and Breakthrough Strategies in Compliance

by Thomas Fox on

Keith Jackson died last week. He was universally recognized as the Voice of College Football and announced college football games for over 40 years. According to his obituary in the New York Times (NYT), Robert A. Iger, the...more

McKinsey, South Africa and the FCPA

by Thomas Fox on

Do you recall the boycott of South Africa from the 1970s and 1980s as a lexicon of the global fight against apartheid? The boycott extended from business to sporting events and everything in between. The campaign was one of...more

Presumption of Declination with Voluntary Disclosure, Cooperation, and Remediation of FCPA Violations

Deputy Attorney General Rod J. Rosenstein recently announced a revision to the U.S. Department of Justice (“DOJ”) policy on corporate enforcement of the Foreign Corrupt Practices Act (“FCPA”). The revision codifies a pilot...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

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

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

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

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

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

2018 FCPA Predictions (Part II of II)

by Michael Volkov on

I always take a deep breath when starting this posting – not that I am the kiss of death, but sometimes my predictions come true and most times they do not. But with that caveat, I am brave enough to venture into 2018 and...more

The Compliance Function in an Organization

by Thomas Fox on

The role of the compliance professional and the compliance function in a corporation has steadily grown in stature and prestige over the years. In the 2012 FCPA Guidance (Guidance), under Hallmark Three of the 10 Hallmarks of...more

What is Effective Compliance Training?

by Thomas Fox on

The communication of your anti-corruption compliance program is something that must be done on a regular basis to ensure its effectiveness. The FCPA Guidance explains, “Compliance policies cannot work unless effectively...more

CCO as Risk Analyst

by Thomas Fox on

I often write about risk, risk management and the strategic use of risk by an organization. If you are not managing risk from a compliance perspective, in many ways you are simply flying blind. ...more

Star Wars Week: Part IV – Episode VII – The Force Awakens and Disruption Innovation in Compliance

by Thomas Fox on

One of the key things the Department of Justice (DOJ) has communicated over the past few months is the importance of doing compliance rather than having a paper compliance program in place. In releasing the new Foreign...more

The Best Defense Is A Good Offense: FCPA Corporate Enforcement Policy Cements Importance Of Compliance Programs

The Department’s revised FCPA Corporate Enforcement Policy—which will be incorporated into the United States Attorneys’ Manual—builds on and makes permanent the Department’s 2016 FCPA Pilot Program....more

Calculating the New Balance Between Disclosure and Non-Disclosure of Potential FCPA Violations

by Michael Volkov on

The Justice Department’s new FCPA Corporate Enforcement Policy has altered the balance between disclosure and non-disclosure of FCPA violations. How is that for a profound grasp of the obvious?...more

Pushing Ethics and Compliance Programs in the New FCPA Corporate Enforcement Policy

by Michael Volkov on

The Justice Department’s aggressive enforcement program, particularly in the FCPA arena, has been the primary impetus to the growth and empowerment of the corporate compliance function. The Justice Department and SEC’s FCPA...more

Compliance Under the New FCPA Enforcement Policy – Final Thoughts

by Thomas Fox on

Over the past few posts I have been exploring the Department of Justice’s (DOJ) new policy regarding Foreign Corrupt Practices Act (FCPA) enforcement. Deputy Attorney General Rod Rosenstein, in a speech, called it the FCPA...more

New FCPA Enforcement Policy Ends the Compliance Defense Debate

by Thomas Fox on

As I continue my exploration of the new Department of Justice (DOJ) policy regarding Foreign Corrupt Practices Act (FCPA) enforcement, the FCPA Corporate Enforcement Policy (Policy), one of the things that struck me was the...more

Compliance Under the New FCPA Enforcement Policy – Clarification and Consolidation

by Thomas Fox on

Last week, the Department of Justice (DOJ) premiered a new policy regarding Foreign Corrupt Practices Act (FCPA) enforcement. Deputy Attorney General Rod Rosenstein, in a speech, called it the FCPA Corporate Enforcement...more

Compliance Under the New FCPA Enforcement Policy – Root Cause Analysis

by Thomas Fox on

Last week, the Department of Justice (DOJ) premiered a new policy regarding Foreign Corrupt Practices Act (FCPA) enforcement. Deputy Attorney General Rod Rosenstein, in a speech, called it the FCPA Corporate Enforcement...more

Let's Have A Really Uncomfortable Conversation

Having recently returned from three weeks of corporate engagements and conferences across nine time zones, I should be exhausted, but instead I’m exhilarated. Originally published on the FCPA Blog, www.fcpablog.com. ...more

Five Key Takeaways from DOJ’s New FCPA Corporate Enforcement Policy

by Michael Volkov on

In a significant FCPA enforcement development, DOJ’s Deputy Attorney General (“DAG”) Rod Rosenstein last announced the implementation of a new FCPA Corporate Enforcement Policy. The announcement was not a surprise based on...more

DOJ Issues New FCPA Policy Offering Incentives to Encourage Disclosure of Foreign Bribery and Corruption Misconduct

by Foley & Lardner LLP on

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced that the U.S. Department of Justice (DOJ) was issuing a new enforcement policy covering its enforcement of the Foreign Corrupt Practices Act (FCPA). The...more

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