If you had asked me ten years ago whether privacy would become the focus of government enforcement actions, I would have brushed aside the issue with a cavalier – “No Way!!” In the aftermath of 9/11, there was always a focus on privacy concerns when it comes to government surveillance and collection. In the last five years, we have seen a dramatic increase in privacy...
When it comes to lawyers, there is no middle ground – you either love them or you hate them. When the government launches an FCPA investigation of a company, lawyers are drawn for two separate functions – to rescue the company from the government investigation by conducting an internal investigation and resolving the investigation through a declination or a settlement; or to sue the company...
The compliance profession is filled with optimists and unsung heroes. Chief Compliance Officers are zealots and they believe in their mission and the righteousness of their cause. Perhaps the most important advocate for the compliance profession has been – and will continue to be – Donna Boehme. I have had the fortunate professional experience to collaborate with Donna, to learn from Donna and to share...
It is too easy to ignore the impact that Brazil’s new anti-corruption law will have with a cynical brush of the hand in the air. It is too easy to dismiss Brazil’s commitment to the anti-corruption movement by suggesting that it merely was in reaction to Brazil’s upcoming appearance on the world stage for the World Cup in 2014 and the Olympics in 2016. If...
What does it take for a company to embrace change? How does change in an organization come about? Companies do not just wake up one day and embrace change. To the contrary, companies grow into change in several different ways – sometimes business necessity leads to change, sometimes companies proactively embrace and seek out change, and sometimes change comes from a government enforcement action. The...
It is difficult for regulators and law enforcement to keep up with creative new ways in which criminals choose to store and trade money. This is especially true in the Internet-age where anonymity and ease of communications and transactions are available. Regulators are now wrestling with the intractable issue of virtual currencies. Everyone has been reading about Bitcoin as the new viper of virtual currency. ...
Building an “Effective” Anti-Corruption Compliance Program September 10, 2013 12 Noon – 1 PM EST Register: Here Companies are devoting more time and attention to building a robust anti-corruption compliance program. As they do so, it is important to design the right structure for the compliance program — from the Corporate Board, to the C-Suite and the role of the Chief Compliance Officer. An effective anti-corruption...
With all the attention paid to anti-corruption enforcement and compliance, it always amazes me how successful the Department of Justice criminal antitrust enforcement program has been and will continue to be. Starting in the 1990s and continuing year-after-year, the Antitrust Division has built a significant record of corporate and individual prosecution of cartel criminals. In fiscal year 2012, the Antitrust Division collected a record $1.1...
Change is difficult. I understand that. Business leaders know the importance of change, adaptation and innovation. However, when it comes to compliance and ethics, senior managers slowly embrace change. With all the recent press on spiraling anti-corruption investigations and risks, you would think that business leaders would redouble their efforts to improve their anti-corruption programs. Survey after survey confirms that business leaders recognize corruption risks...
As a former US Attorney for the Southern District of New York, Mary Jo White promised a new and more aggressive SEC. She is starting to deliver on that promise. Reams and reams of client alerts have been sent out by law firms warning of a new policy requiring certain defendants to admit their wrongdoing. At first glance, it may seem like the policy is...
