We all understand that issues are not black and white, meaning there are areas of gray when analysis and cost-benefits need to be weighed. Lawyers are regularly identifying legal risks and applying such risks to specific courses of action. Depending on the countervailing considerations, lawyers can recommend moving forward in the face of a specific risk. Much has been written (including on this blog) about...

Ten Essential Elements of a Third Party Risk Management System Wednesday, April 19, 2017, 12 Noon EST Sign Up HERE The Justice Department and the SEC require companies to implement effective third party risk management programs.  The Justice Department and the SEC, through their respective enforcement actions, policy speeches, and compliance guidance have set forth important requirements for a third party risk management program.  In...

The problem of human trafficking and smuggling is staggering when you consider the human impact behind the numbers. Human trafficking is a $30 billion industry annually. There are more people in slavery today than at any time in history. One in five victims of human trafficking are children, while in certain regions of Africa and Asia, they comprise a majority of trafficked persons. Women constitute...

Law enforcement focus on anti-money laundering appears to be increasing. While the last ten years has seen a marked increase in AML regulatory obligations, the new administration is likely to return to some of the more “traditional” AML enforcement programs, such as terrorist financing, organized and transnational money laundering, tax evasion and other areas. The regulatory focus of enforcement will continue on beneficial ownership, shell...

The Justice Department’s FCPA enforcement and remediation focus on supervisory personnel is an interesting development. On the one hand, DOJ has been slow to bring individual criminal enforcement actions for FCPA violations. At the same time, they are flirting with a potential new enforcement approach – a criminal prosecution for circumventing internal controls without proof of bribery. However, FCPA prosecutors appear to be gun-shy after...

People crave simple solutions to complex problems. No, this is not a political statement, nor do I intend to wade into politics. This statement applies across the board – to business, compliance, government, and other institutions.  We all want to understand difficult issues and to gain that understanding without the hard work that is required to learn a complex issue, consider alternatives, and develop possible...

Compliance professionals cannot do it alone. Of course, CCOs need compliance staff and the collaboration of business, human resources, legal, financial and audit, and related functions in order to succeed. I have made this point over and over (again and again). Along with human and functional resources, CCOs need to embrace technology and data analytics. I have written about the importance of technology to the...

The rise of the compliance profession has had a number of positive impacts on the corporate governance landscape. One of the most important results has been increased focus on corporate culture. Chief compliance officers recognize that they are the guardians of the company’s culture (assuming the company does not have a separate Chief Ethics Officer). Some companies have recognized the importance of ethical business decision-making...

Here is a profound grasp of the obvious – Lawyers can be difficult people. Some like to condemn the profession in its entirety (and carry with them a collection of lawyer jokes). As an attorney, I beg to differ. Many professions include and reward difficult people. For example, CEOs have the highest incidence of psychopathy among professionals. Lawyers are no different and expected to zealously...

Webinar: Antitrust Training: Avoiding Criminal Cartel Risks Tuesday, March 28, 2016 12 Noon – 12:30 CST Sign Up Here Free and fair competition in the marketplace benefits consumers.  But when organizations collude with their competitors, it inhibits the competitive process — and violates antitrust laws. So, how can you avoid criminal arrangements and interactions with your competitors? Join Michael Volkov, CEO of The Volkov Law...