In the FCPA enforcement world, corporate disclosures of potential violations carrying significant messages. Cubist Pharmaceuticals (Cubist) disclosed in a Form 10-Q that its subsidiary, which it acquired last year, Optimer Pharmaceuticals (Optimer) may have violated the FCPA in payments made to a research laboratory in 2011. Cubist’s disclosure is another in the continuing saga of pharmaceutical and medical device companies that have long-suffered FCPA investigations...

As companies wrestle with designing and implementing due diligence screening and monitoring programs, several organizations have been pushing the value of certifications. The certification services come in different forms and with different levels of review. Plus they come with a range of legal caveats. For now, these programs are valuable but only for a limited purpose. Companies that solely rely on certification services are definitely...

This is a posting that I have wanted to write since the GM scandal occurred. I have to start with a rhetorical question – Would the GM debacle have occurred if GM had an independent and empowered Chief Ethics and Compliance Officer? The answer to this is not as easy as you think. Having an empowered CECO does not necessarily mean that all legal violations,...

Continuing with my list theme for the week, it is important to remind everyone that a culture of compliance begins with the board of directors, filters to the CEO who commits to promoting ethics and compliance in the company, and finishes with a fabric of ethics and compliance that is built on trust and integrity. I recognize I have said more than a mouthful but...

In the era of global antitrust cartel enforcement, antitrust practitioners often scratch their collective heads and ask why is antitrust compliance so ignored by government enforcement agencies. Instead of promoting antitrust compliance programs by offering real and meaningful incentives, antitrust enforcement agencies offer no carrots to companies to enhance their antitrust compliance program. Antitrust enforcement leaders often promote a simplistic argument – if a company...

Chief Compliance Officers are the rising professional stars in the corporate employment landscape (along with IT professionals who have practical perspectives). The profession is at an important test – where will the profession go from here and what steps do CCOs need to take to prepare for these challenges? I always say that CCOs are a confident group of people. They are committed to not...

In this Internet-age of ADHD and simplistic thinking, I thought I would contribute this week by putting together some lists of common themes in the ethics and compliance world. Unfortunately, we are all addicted to quick analysis, rapid descriptions, and targeted thinking. It is one of the downsides of our new information age. In fairness, I have to admit there are significant upsides to our...

Like Tinkers to Evers to Chance completing a double play, compliance programs need to maintain important links among three key elements – its complaint system, the handling of such complaints, and the publicized resolution of such complaints to encourage its Speak Up culture. Complaint Reporting Channels: Many companies have more than one avenue for officers, managers and employees to complain. That is a good thing....