Returning to the theme of profound grasps of the obvious, compliance officers face numerous challenges where they need creativity and persistence. One area which is not as hard as others is training. A good training program requires common sense. Here is the rocket-science question – How do you make your training program interesting? Well, the Justice Department and SEC’s FCPA Guidance provided a little bit...
As I have frequently stated, if your business is operating in China, chances are you are violating the FCPA. That sounds very cynical but there is a measure of reality to my claim. With all the recent attention from the GSK investigation in China which is rapidly extending to other drug companies, China should be on every company’s mind. There are several important aspects to...
Chief Compliance Officers are creative people. What appears insurmountable to us mere mortals and attorneys, is just another daily challenge for a CCO. It is a wonder that the compliance profession continues to grow in membership and importance in the business world. After years of neglect, CCOs have become everyone’s best friend in the corporate governance world. CEOs, COOs, CFOs and all of the acronymed-senior...
Just when you thought the risks for businesses could not get any worse, the government recently found yet another hook for a criminal investigation. The False Claims Act continues to create significant and real risks for government contractors. Prosecutors enjoy wide authority to use the False Claims Act for criminal and civil violations. Just last week, we learned that a criminal grand jury is now...
Corporate board members face a very tough environment. Prosecutors are gunning for a criminal case against a board and/or some of its members. Shareholders regularly sue board members whenever a company suffers a business or legal setback. The life of a board member has dramatically changed. No longer is the job a “cushy” way to dabble in business management from high up in the ivory...
Life as a Chief Compliance Officer is not so easy. The job, as defined, means living with day-to-day risks, any one of which is significant enough to damage or even destroy the company for whom you work. CCOs learn to live with risk. When a CCO has the backing of the board and the CEO, their job is relatively easier. That does not mean it...
The headlines get worse and worse. More companies under investigation. More individuals detained and under investigation. The shockwave in the pharmaceutical and medical device industries is palpable. It is all understandable. The message from the Chinese is two-fold – they are going to enforce China’s bribery laws, especially in those markets that have a direct and immediate nexus to China’s consumers. We all have heard...
August 13, 2013, 12 Noon – 1 PM Register Here The recent headlines on China’s expanding anti-corruption investigation and enforcement action is a significant event in global anti-corruption enforcement. For companies operating in China, the risks have now increased exponentially. Companies need to redouble their compliance and ethics programs in China to minimize the risk of an enforcement action. Join Michael Volkov, CEO of The...
I continue to be astounded by one simple fact (candidly there are others) – companies do not understand that creating and maintaining an ethical culture improves bottom-line financial performance. A commitment to ethics as an enhancement to an existing compliance program not only improves performance of the compliance program, but improves corporate profitability and long-term shareholder value. From my days as a history major, I...
Lawyers like to be dramatic. Litigators love to be dramatic. When it comes to a “bet the company” scandal, the company’s survival will depend not only on the quality of an internal investigation, but the company’s broader “crisis management” skills. There is no question when the stakes are high; an internal investigation must be conducted in a professional and careful manner so that it can...
