The ultimate outcome of an internal investigation is, in many respects, dictated by the investigation report.  But not all reports are created equal.  Every report reflects the specific external and internal circumstances facing a company. On the external front, the key issues are whether the government has initiated a civil and/or criminal investigation(s)?  Is there a potential whistleblower action?  Is there pending related civil litigation?...

The FCPA Paparazzi is a glitter.  Client alerts are being drafted as we speak.  Webinars and conferences will highlight this latest development – the release of the Justice Department’s FCPA “Guidance.” Not to burst any marketing plans or any promotional bubbles but I think it is pretty clear what the FCPA Guidance will contain.  The Justice Department already has given us some clues, and I...

The creation of the Consumer Financial Protection Bureau (CFPB) in the Dodd-Frank Act was a hotly contested issue.  In the end, Democrats were able to push through the creation of this new agency.  Even with some of the limitations designed to curtail the CFPB’s authorities, the CFPB is fast becoming a new and important player in the consumer finances market. The CFPB is a powerful...

I had the pleasure of recording a video with LEVICK on Whistleblowers.  LEVICK is a leading communications firm which provides strategic consulting to companies.  Please click HERE to watch the video.  LEVICK safeguards brands and reputations worldwide. The firm has been honored with multiple awards for its work ensuring public trust when it matters most, including top honors in crisis, litigation, public affairs, and investor relations,...

Unlike anti-corruption compliance, companies have long had antitrust compliance programs.  It has long been recognized that collusion between and among companies on prices, territories, and other market factors has a negative impact on consumers.  A price-fixing conspiracy which results in a modest price increase in popular products can quickly add up to billions of dollars in damages, far outpacing some of the largest fraud schemes...

Brazil is the seventh largest economy in the world.  It has a booming economy and is attracting increased foreign investment.  With the World Cup scheduled in 2014 and the Olympics in 2016, Brazil’s profile is expected to rise even higher. Brazil is the largest recipient of foreign capital in Latin America. Brazil continues to suffer from the reality of corruption.  Brazil ranks 73 out of...

In the aftermath of the Standard Chartered settlement for sanctions violations involving processing of financial transactions with Iran in violation of the Iran sanctions, more banks are falling under scrutiny for violating sanctions restrictions.  I hate to say “I told you so,” but I told you so.  The Obama Administration has implemented a large number of sanctions as part of its foreign policy.  At the...

Everyone gets tired of the phrase “Follow the Money.”  The origin of the statement is supposedly from Deep Throat to Woodward and Bernstein during the Watergate investigation. (As an aside, recent Watergate books have called into question how much information Deep Throat (Mark Feld from the FBI) really had and how much he really gave to Woodward and Bernstein but that is another story ....

Like other major financial controversies, the London Interbank Offered Rate (“LIBOR”) case is spawning private litigation in the United States.  The dangers of an antitrust violation include treble damages in private suits brought by persons directly harmed by an antitrust violation.  Expensive class actions follow antitrust violations.  The implications of private LIBOR litigation are cataclysmic.  A large number of cases already have been filed and...

I would rather have my ignorance than another man’s knowledge, because I have so much more of it. – Mark Twain One should never underestimate the power of inertia.  Corporate directors and senior managers sometimes cling to inertia in the hope that potential problems will disappear or fade into the sunset.  Differences in corporate responses often reflect corporate governance strategies and practices.  Foreign companies, which...